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. 88452137 VIKINGS BLADE(Standard Characters, see http://uspto.report/TM/88452137/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant has amended the identification of goods to identify "bowls for shaving." Applicant disagrees that "blade" needs to be disclaimed, but adds the disclaimer for expediency only. This is not an admission of descriptiveness. Additionally, Applicant submits additional specimens not on a white background. Applicant originally submitted a specimen of the bowls for shaving on a white background. The photo is real, authentic, and photographed to sell the product online. Applicant submits additional photos showing the product on a non-white background. Please see additional specimens showing Applicant's goods for sale on Amazon. Lastly, bowls for shaving are not eaten out of, as they have a unique shape that suited for food consumption and cannot be cleaned in the same manner as tableware. Thus, consumer confusion is unlikely.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 021 for Bowls; Bowls made of precious metal; Mugs; Mugs of precious metal; Mugs, not of precious metal; Shaving dishes; Shaving pots; Ceramic sculptures, vases, vessels, bowls, plates and pots; Cups and mugs; Glass bowls; Glass mugs; Mixing bowls; Porcelain mugs; Rinsing bowls
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/12/2015 and first used in commerce at least as early as 08/12/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bowls; Bowls for shaving; Bowls made of precious metal; Bowls made of precious metal for shaving; Mugs; Shaving dishes; Mugs of precious metal; Shaving pots; Mugs, not of precious metal; Rinsing bowls for shaving; Ceramic sculptures, vases, vessels, bowls, plates and pots; Cups and mugs; Glass bowls; Glass mugs; Mixing bowls; Porcelain mugs; Rinsing bowlsClass 021 for Bowls for shaving; Bowls made of precious metal for shaving; Shaving dishes; Shaving pots; Rinsing bowls for shaving
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/12/2015 and first used in commerce at least as early as 11/06/2017 , and is now in use in such commerce.
In International Class 021,    the mark was first used at least as early as __________ and first used in commerce at least as early as 11/06/2017.

Applicant hereby submits one(or more) specimen(s) for Class 021. The specimen(s) submitted consists of screenshots and photos.
"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 File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7

The owner's/holder's proposed attorney information Kate Montgomery. Other appointed attorneys are Raj Abhyanker, Ruth Khalsa, Alexis Campbell, Michael Markos, Kate Montgomery, Nick Craft. Kate Montgomery of Legalforce RAPC Worldwide, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      446 E Southern Ave
      Tempe, Arizona 85282
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 1225597.
      The phone number is 6503906452.
      The email address is trademarks@legalforcelaw.com

Kate Montgomery 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.Correspondence Information (current):
      VULLION GROUP PTY LTD
      PRIMARY EMAIL FOR CORRESPONDENCE: legal@vullion.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Kate Montgomery
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@legalforcelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kate@legalforcelaw.com

The docket/reference number is 1225597.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BLADE apart from the mark as shown.


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: /Kate Montgomery/      Date: 02/20/2020
Signatory's Name: Kate Montgomery
Signatory's Position: Attorney of Record, Arizona Bar Member
Signatory's Phone Number: 6503906452


Response Signature
Signature: /Kate Montgomery/     Date: 02/20/2020
Signatory's Name: Kate Montgomery
Signatory's Position: Attorney of Record, Arizona Bar Member

Signatory's Phone Number: 6503906452

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:    VULLION GROUP PTY LTD
   
   
   82A ASHLEY STREET
   FOOTSCRAY WEST, 3012
Mailing Address:    Kate Montgomery
   Legalforce RAPC Worldwide, P.C.
   446 E Southern Ave
   Tempe, Arizona 85282
        
Serial Number: 88452137
Internet Transmission Date: Thu Feb 20 17:01:59 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020022017015975
0935-88452137-710393ab738e313c89fa37f2de
aa0383d7fb265d1cec471eb438c08d4d12fa384a
-N/A-N/A-20200220164522423541