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. 88429455 LETHALITY PROVING GROUNDS(Standard Characters, see http://uspto.report/TM/88429455/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 041 for Providing facilities for combat experimentation; providing facilities for combat training; and providing facilities for combat research and development
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: Providing facilities for combat experimentation; providing facilities for combat training; and providing specialized educational facilities for the training in the field of military tactics and military science, namely, combat; and providing facilities for combat research and developmentClass 041 for Providing facilities for combat experimentation; and providing specialized educational facilities for the training in the field of military tactics and military science, namely, combat
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 042 for Providing specialized facilities for combat experimentation, namely, engineering research relating to weapons testing; providing specialized facilities for combat experimentation, namely, scientific and technological research relating to weapons testing; providing specialized facilities for scientific research and development relating to military tactics and military science, namely, combat; and providing specialized facilities for research and development of technology development relating to military tactics and military science, namely, combat
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: Gideon Eckhouse. Gideon Eckhouse of KRAMERAMADO, is located at

      THIRD FLOOR
      330 JOHN CARLYLE ST.
      ALEXANDRIA, Virginia 22314
      US
The docket/reference number is CMI 5002.

The email address is mail@krameramado.com

The applicants proposed attorney information: Gideon Eckhouse. Other appointed attorneys are Arlir M. Amado; Eric J. Nuss; Jesse Fenty; Patrick Wamsley; Terry Kramer; Samuel Ntiros. Gideon Eckhouse of KramerAmado, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Third Floor
      330 John Carlyle St.
      Alexandria, Virginia 22314
      United States
The docket/reference number is CMI 5002.

The email address is mail@krameramado.com

Gideon Eckhouse 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: GIDEON ECKHOUSE. GIDEON ECKHOUSE of KRAMERAMADO, is located at

      THIRD FLOOR
      330 JOHN CARLYLE ST.
      ALEXANDRIA, Virginia 22314
      US
The docket/reference number is CMI 5002.

The email address is mail@krameramado.com; geckhouse@krameramado.com; rfleming@krameramado.com

The applicants proposed correspondence information: Gideon Eckhouse. Gideon Eckhouse of KramerAmado, is located at

      Third Floor
      330 John Carlyle St.
      Alexandria, Virginia 22314
      United States
The docket/reference number is CMI 5002.

The email address is mail@krameramado.com; geckhouse@krameramado.com; rfleming@krameramado.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The term "LETHALITY" relates to the enhancement of a soldiers capability to execute their mission set using innovative tactics and technology. The term "PROVING GROUNDS" relates to a testing facility. Applicant attaches a white paper providing additional information about the subject services.

Original PDF file:
mis-2605e000151fcdf5489cd87bb247541e-20200129201703110859_._LPG_White_Paper_to_CCLTF_from_CMI2_190717_01.pdf
Converted PDF file(s) ( 6 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6

FEE(S)
Fee(s) in the amount of $275 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: /Gideon Eckhouse/      Date: 01/29/2020
Signatory's Name: Gideon Eckhouse
Signatory's Position: Attorney of record, Virginia bar member

Response Signature
Signature: /Gideon Eckhouse/     Date: 01/29/2020
Signatory's Name: Gideon Eckhouse
Signatory's Position: Attorney of record, Virginia bar member

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:    GIDEON ECKHOUSE
   KRAMERAMADO
   THIRD FLOOR
   330 JOHN CARLYLE ST.
   ALEXANDRIA, Virginia 22314
Mailing Address:    Gideon Eckhouse
   KramerAmado
   Third Floor
   330 John Carlyle St.
   Alexandria, Virginia 22314
        
RAM Sale Number: 88429455
RAM Accounting Date: 01/29/2020
        
Serial Number: 88429455
Internet Transmission Date: Wed Jan 29 20:30:11 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200129203011965192-88429455-
70089351a15d1891a97cf2fa95d57e86963478ac
d9630bbb2c8805b3ab62cf7d2-CC-30100944-20
200129201703110859