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. 88457725 HD ALLOY(Standard Characters, see http://uspto.report/TM/88457725/mark.png) has been amended as follows:

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

In response to the request for additional information about the specimen originally submitted, insomuch as a new specimen is being submitted herewith, Applicant assumes such information is no longer needed.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for ATV wheels and UTV wheels
Original Filing Basis:
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 01/00/2012 and first used in commerce at least as early as 01/01/2012 , and is now in use in such commerce.

Proposed: Class 012 for ATV wheels and UTV wheels
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 01/00/2012 and first used in commerce at least as early as 01/01/2012 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 012 . The specimen(s) submitted consists of picture of the goods .
"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].
Original PDF file:
SPU0-19294203253-20191021172720734837_._HD_ALLOY_88457725__504392__Substitute_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Rebecca Liebowitz. Rebecca Liebowitz of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 37114-504392.

The phone number is 202-344-4000.

The fax number is 202.344.8300.

The email address is trademarkdocket@venable.com

The applicants proposed attorney information: Rebecca Liebowitz. Other appointed attorneys are Andrew Price, Halle Markus, Kristen Ruisi, Steven Powell, Marjorie Norman, Catherine Mitros, Paula Hopkins, Sean Phelan, Michael Hirsch, Kelly Williams. Rebecca Liebowitz of Venable LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 37114-504392.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com

Rebecca Liebowitz 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: REBECCA LIEBOWITZ. REBECCA LIEBOWITZ of VENABLE LLP, is located at

      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 37114-504392.

The phone number is 202-344-4000.

The fax number is 202.344.8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com

The applicants proposed correspondence information: Rebecca Liebowitz. Rebecca Liebowitz of Venable LLP, is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 37114-504392.

The phone number is 202-344-4976.

The fax number is 202-344-8300.

The email address is trademarkdocket@venable.com; rliebowitz@venable.com; klwilliams@venable.com

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


SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-172720734_._725__504392__ApplDec_and_Substitute_Spec_Dec_SIGNED_10.21.19.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Mike Paladino
Signatory's Position: Marketing Director

Response Signature
Signature: /kelly l. williams/     Date: 10/24/2019
Signatory's Name: Kelly L. Williams
Signatory's Position: Applicant's Attorney, MD Bar Member

Signatory's Phone Number: 202-344-4041

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:    REBECCA LIEBOWITZ
   VENABLE LLP
   
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Rebecca Liebowitz
   Venable LLP
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
        
Serial Number: 88457725
Internet Transmission Date: Thu Oct 24 17:18:47 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201910241718479
84972-88457725-6105bd2b4ef9dc58b1c24021a
7d3f687fb6993ca151667cbdba9b366adc8fef5-
N/A-N/A-20191024171549348457