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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88421622 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
MARK SECTION | |
MARK | http://uspto.report/TM/88421622/mark.png |
LITERAL ELEMENT | AMP |
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. |
ARGUMENT(S) | |
Registration was refused because the Examining Attorney claimed that the specimen did not show the applied-for mark in use in commerce in connection with any of the goods specified in International Class 9 in the application because the mark was not shown on a full communication headset, but rather on what appears to be a part or component of a headset. Applicant submits that the originally submitted specimen was a close-up picture of the applied-for mark on a full communications headset. To further show this, as part of Applicant's substitute specimen, Applicant submits (i) a front view picture of the complete communications headset; (ii) a side view of the headset, which shows the ear cup on which the applied-for mark appears; and (iii) the originally submitted close-up image showing the applied- for mark on the ear cup that is part of the communications headset. In light of the fact that the applied-for mark appears on the goods identified in the application, Applicant respectfully requests that the substitute specimen be accepted and that the specimen refusal be withdrawn. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
communications headsets specially adapted for protective helmets for use by military, law enforcement, national security, correction institution, industrial, and mining personnel, private military and security organizations, first responders, parachutists, and military simulation participants | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/29/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 03/29/2019 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 009 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
communications headsets specially adapted for protective helmets for use by military, law enforcement, national security, correction institution, industrial, and mining personnel, private military and security organizations, first responders, parachutists, and military simulation participants, such headsets for use with communication radios, intercom systems, or other communication network transceivers; communications headsets specially adapted for protective helmets for use by military, law enforcement, national security, correction institution, industrial, and mining personnel, private military and security organizations, first responders, parachutists, and military simulation participants, namely, headsets for use in providing hearing protection to the user | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/29/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 03/29/2019 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
JPG FILE(S) | \\TICRS\EXPORT17\IMAGEOUT 17\884\216\88421622\xml5\ ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\884\216\88421622\xml5\ROA0003.JPG | |
ORIGINAL PDF FILE | SPU0-652204518-20200110101739941035_._AMP_-_Zoom_in_-_Ear_Cup.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\884\216\88421622\xml5\ROA0004.JPG |
SPECIMEN DESCRIPTION | Front and side view of communications headset and close-up photograph of applied-for mark on ear cup of headset |
ATTORNEY SECTION (current) | |
NAME | Daniel S. Marks |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | MORGAN, LEWIS & BOCKIUS LLP |
INTERNAL ADDRESS | ATTN: TMSU |
STREET | 1111 PENNSYLVANIA AVENUE, NW |
CITY | WASHINGTON |
STATE | District of Columbia |
POSTAL CODE | 20004 |
COUNTRY | US |
PHONE | 202-739-5545 |
FAX | 202.739.3001 |
trademarks@morganlewis.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 063758-0044 |
ATTORNEY SECTION (proposed) | |
NAME | Daniel S. Marks |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | MORGAN, LEWIS & BOCKIUS LLP |
INTERNAL ADDRESS | ATTN: TMSU |
STREET | 1111 PENNSYLVANIA AVENUE, NW |
CITY | WASHINGTON |
STATE | District of Columbia |
POSTAL CODE | 20004 |
COUNTRY | United States |
PHONE | 202-739-5545 |
FAX | 202.739.3001 |
trademarks@morganlewis.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 063758-0044 |
CORRESPONDENCE SECTION (current) | |
NAME | DANIEL S. MARKS |
FIRM NAME | MORGAN, LEWIS & BOCKIUS LLP |
INTERNAL ADDRESS | ATTN: TMSU |
STREET | 1111 PENNSYLVANIA AVENUE, NW |
CITY | WASHINGTON |
STATE | District of Columbia |
POSTAL CODE | 20004 |
COUNTRY | US |
PHONE | 202-739-5545 |
FAX | 202.739.3001 |
trademarks@morganlewis.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 063758-0044 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Daniel S. Marks |
FIRM NAME | MORGAN, LEWIS & BOCKIUS LLP |
INTERNAL ADDRESS | ATTN: TMSU |
STREET | 1111 PENNSYLVANIA AVENUE, NW |
CITY | WASHINGTON |
STATE | District of Columbia |
POSTAL CODE | 20004 |
COUNTRY | United States |
PHONE | 202-739-5545 |
FAX | 202.739.3001 |
trademarks@morganlewis.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 063758-0044 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Kathryn L Eary/ |
SIGNATORY'S NAME | Kathryn L Eary |
SIGNATORY'S POSITION | Corporate Counsel & Secretary |
SIGNATORY'S PHONE NUMBER | 570-282-8206 |
DATE SIGNED | 01/10/2020 |
RESPONSE SIGNATURE | /Daniel S. Marks/ |
SIGNATORY'S NAME | Daniel S. Marks |
SIGNATORY'S POSITION | Attorny of record, D.C. bar member |
SIGNATORY'S PHONE NUMBER | 202.739.5545 |
DATE SIGNED | 01/10/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Jan 10 16:18:36 EST 2020 |
TEAS STAMP | USPTO/ROA-XX.XXX.XX.XX-20 200110161836040699-884216 22-700a33d1cbdb6b8b5dd95c 73b8b7932684ce8842dbdb53b 3b852cc35fc966ebe-N/A-N/A -20200110101739941035 |
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) |
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.