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)

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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. 88407044 KODIAK(Standard Characters, see http://uspto.report/TM/88407044/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 025 for Clothing, headgear, footwear; tops, bottoms, T-shirts, hoodies, scarves, gloves, socks, caps, hats, beanies; mugs, water bottles, vacuum bottles; gift cards; kitchen utensils; kitchen accessories and kitchen containers; sunglasses; satchels, backpacks, bags, card cases, leather goods; smart phone cases and accessories; computer peripherals and accessories; watches, jewelry, key chains; tablet computer cases and accessories; lunch bags and insulated containers for kitchen and for food; coolers; blankets, pillows, linens and textiles; flashlights and headlamps; binoculars and optical instruments; knives and pocket knives; car accessories; bike accessories; pet accessories; games, toys, playthings, sports equipment and accessories
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: Clothing, headgear, footwear; Clothing, namely, tops, bottoms, t-shirts, hoodies, scarves, gloves, socks, caps, hats, beanies; tops, bottoms, T-shirts, hoodies, scarves, gloves, socks, caps, hats, beanies; headwear, footwear; mugs, water bottles, vacuum bottles; gift cards; kitchen utensils; kitchen accessories and kitchen containers; sunglasses; satchels, backpacks, bags, card cases, leather goods; smart phone cases and accessories; computer peripherals and accessories; watches, jewelry, key chains; tablet computer cases and accessories; lunch bags and insulated containers for kitchen and for food; coolers; blankets, pillows, linens and textiles; flashlights and headlamps; binoculars and optical instruments; knives and pocket knives; car accessories; bike accessories; pet accessories; games, toys, playthings, sports equipment and accessoriesClass 025 for Clothing, namely, tops, bottoms, t-shirts, hoodies, scarves, gloves, socks, caps, hats, beanies; headwear, footwear
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 018 for Satchels, backpacks, all-purpose carrying bags, handbags, credit card cases, leather goods, namely, purses, rucksacks, briefcases, wallets, document cases, and luggage; pet accessories, namely, leashes, collars, and pet clothing
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Mugs, water bottles sold empty, vacuum bottles; kitchen utensils, namely, spatulas, strainers, turners, graters; kitchen containers; kitchen accessories, namely, kitchen mitts, non- electric kitchen grinders; lunch bags not of paper and insulated containers for kitchen and for food; non-electric portable coolers
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 027 for Sports equipment and accessories, namely, yoga mats
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: Nicholas D. Wells. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 4805.241.

The phone number is 810-337-4500.

The email address is nwells@legendslaw.com

The applicants proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      United States
The docket/reference number is 4805.241.

The phone number is 810-337-4500.

The email address is nwells@legendslaw.com

Nicholas D. Wells 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: NICHOLAS D. WELLS. NICHOLAS D. WELLS of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 4805.241.

The phone number is 810-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

The applicants proposed correspondence information: Nicholas D. Wells. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      United States
The docket/reference number is 4805.241.

The phone number is 810-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Nicholas Wells/      Date: 12/31/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 801-337-4500


Response Signature
Signature: /Nicholas Wells/     Date: 12/31/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 801-337-4500

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:    NICHOLAS D. WELLS
   LEGENDS LAW GROUP, PLLC
   
   330 MAIN ST.
   KAYSVILLE, Utah 84037
Mailing Address:    Nicholas D. Wells
   LEGENDS LAW GROUP, PLLC
   330 MAIN ST.
   KAYSVILLE, Utah 84037
        
RAM Sale Number: 88407044
RAM Accounting Date: 12/31/2019
        
Serial Number: 88407044
Internet Transmission Date: Tue Dec 31 15:00:12 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20191231150012388096-88407044-7
00ff93ba7e1a11e5325def7a49812d4b706ac5e6
ffed2c282d1d5345bd5bbe1cf-CC-00103074-20
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