Response to Office Action

BUGPACK

EMPI, Inc.

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88404186
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://uspto.report/TM/88404186/mark.png
LITERAL ELEMENT BUGPACK
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 012
DESCRIPTION
Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers, valve lifters, valves, wheel adapters, wheel hubs, windows, wire cover panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity boots
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 012
TRACKED TEXT DESCRIPTION
Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers, valve lifters, valves, wheel adapters, wheel hubs, windows, wire cover panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, fitted vehicle seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers for valves for vehicle tires, valves for vehicle tires, wheel adapters, wheel hubs, windows, wire cover door panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; shifters; gear shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity boots
FINAL DESCRIPTION
Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, fitted vehicle seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers for valves for vehicle tires, valves for vehicle tires, wheel adapters, wheel hubs, windows, wire cover door panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; gear shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity boots
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Katherine M. Hoffman
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SOLOMON WARD SEIDENWURM & SMITH LLP
INTERNAL ADDRESS SUITE 1200
STREET 401 B STREET
CITY SAN DIEGO
STATE California
POSTAL CODE 92101
COUNTRY US
PHONE 619-238-4856
EMAIL khoffman@swsslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 63148-2/T012
ATTORNEY SECTION (proposed)
NAME Katherine M. Hoffman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME SOLOMON WARD SEIDENWURM & SMITH LLP
INTERNAL ADDRESS SUITE 1200
STREET 401 B STREET
CITY SAN DIEGO
STATE California
POSTAL CODE 92101
COUNTRY United States
PHONE 619-238-4856
EMAIL khoffman@swsslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 63148-2/T012
CORRESPONDENCE SECTION (current)
NAME KATHERINE M. HOFFMAN
FIRM NAME SOLOMON WARD SEIDENWURM & SMITH LLP
INTERNAL ADDRESS SUITE 1200
STREET 401 B STREET
CITY SAN DIEGO
STATE California
POSTAL CODE 92101
COUNTRY US
PHONE 619-238-4856
EMAIL khoffman@swsslaw.com; clopez@swsslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 63148-2/T012
CORRESPONDENCE SECTION (proposed)
NAME Katherine M. Hoffman
FIRM NAME SOLOMON WARD SEIDENWURM & SMITH LLP
INTERNAL ADDRESS SUITE 1200
STREET 401 B STREET
CITY SAN DIEGO
STATE California
POSTAL CODE 92101
COUNTRY United States
PHONE 619-238-4856
EMAIL khoffman@swsslaw.com; clopez@swsslaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 63148-2/T012
SIGNATURE SECTION
RESPONSE SIGNATURE /kmh/
SIGNATORY'S NAME Katherine M. Hoffman
SIGNATORY'S POSITION Attorney of Record, CA Bar Member
SIGNATORY'S PHONE NUMBER (619) 238-4856
DATE SIGNED 01/13/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jan 13 13:52:37 EST 2020
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20200113135237373635-884
04186-70013e721fd57d74e99
137d881cf89744e53cddb86e6
f7658d4bff41cd1cd32a7-N/A
-N/A-20200113133002231832



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 88404186 BUGPACK(Standard Characters, see http://uspto.report/TM/88404186/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers, valve lifters, valves, wheel adapters, wheel hubs, windows, wire cover panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity boots
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers, valve lifters, valves, wheel adapters, wheel hubs, windows, wire cover panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, fitted vehicle seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers for valves for vehicle tires, valves for vehicle tires, wheel adapters, wheel hubs, windows, wire cover door panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; shifters; gear shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity bootsClass 012 for Automobile parts and accessories, namely, axles, body panels, brake and clutch pedal assemblies, bumpers, gas pedals, semi-fitted car covers, transaxle gears, clutch discs, dash knobs, dash panels, door panels, headliners, license plate frames, and transaxle mounts, transaxle shifters, nerf bars, roll bar padding, pedal pads, pressure plates, rocker arms, rocker shafts, roll bars, roll cages, running boards, sand rail frames, seat belts, fitted vehicle seat covers, shock absorbers, steering brakes, skid plates, steering wheels, steering wheel adapters, tow bars, valve covers for valves for vehicle tires, valves for vehicle tires, wheel adapters, wheel hubs, windows, wire cover door panels, drive axle assemblies, parts for remanufacturing drive axles, namely, axles; gear shifters; brake repair kits for land vehicles comprising brake pads, brake rotors, brake cables, brake calipers and brake hardware for vehicles, sold as a unit; constant velocity joints, and constant velocity boots
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Katherine M. Hoffman. Katherine M. Hoffman of SOLOMON WARD SEIDENWURM & SMITH LLP, is located at

      SUITE 1200
      401 B STREET
      SAN DIEGO, California 92101
      US
The docket/reference number is 63148-2/T012.

The phone number is 619-238-4856.

The email address is khoffman@swsslaw.com

The applicants proposed attorney information: Katherine M. Hoffman. Katherine M. Hoffman of SOLOMON WARD SEIDENWURM & SMITH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1200
      401 B STREET
      SAN DIEGO, California 92101
      United States
The docket/reference number is 63148-2/T012.

The phone number is 619-238-4856.

The email address is khoffman@swsslaw.com

Katherine M. Hoffman submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: KATHERINE M. HOFFMAN. KATHERINE M. HOFFMAN of SOLOMON WARD SEIDENWURM & SMITH LLP, is located at

      SUITE 1200
      401 B STREET
      SAN DIEGO, California 92101
      US
The docket/reference number is 63148-2/T012.

The phone number is 619-238-4856.

The email address is khoffman@swsslaw.com; clopez@swsslaw.com

The applicants proposed correspondence information: Katherine M. Hoffman. Katherine M. Hoffman of SOLOMON WARD SEIDENWURM & SMITH LLP, is located at

      SUITE 1200
      401 B STREET
      SAN DIEGO, California 92101
      United States
The docket/reference number is 63148-2/T012.

The phone number is 619-238-4856.

The email address is khoffman@swsslaw.com; clopez@swsslaw.com

SIGNATURE(S)
Response Signature
Signature: /kmh/     Date: 01/13/2020
Signatory's Name: Katherine M. Hoffman
Signatory's Position: Attorney of Record, CA Bar Member

Signatory's Phone Number: (619) 238-4856

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    KATHERINE M. HOFFMAN
   SOLOMON WARD SEIDENWURM & SMITH LLP
   SUITE 1200
   401 B STREET
   SAN DIEGO, California 92101
Mailing Address:    Katherine M. Hoffman
   SOLOMON WARD SEIDENWURM & SMITH LLP
   SUITE 1200
   401 B STREET
   SAN DIEGO, California 92101
        
Serial Number: 88404186
Internet Transmission Date: Mon Jan 13 13:52:37 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200113135237
373635-88404186-70013e721fd57d74e99137d8
81cf89744e53cddb86e6f7658d4bff41cd1cd32a
7-N/A-N/A-20200113133002231832



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