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. 88474131 TRADITIONS(Standard Characters, see http://uspto.report/TM/88474131/mark.png) has been amended as follows:

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

Registration has been refused for the "Traditions" mark because of a likelihood of confusion with the mark "Tradition," Registration No. 5638763. The application for the "Tradition" mark claimed a first use in commerce of October 17, 2018 and the "Tradition" trademark was issued on December 25, 2018; as it is less than five years old it is subject to cancellation. Applicant's use of the "Traditions" mark pre-dates the registrant's use by over thirty years. Applicant began using the "Traditions" mark in commerce in 1983. As such, applicant has filed a Petition for Cancellation with the TTAB. A copy of the Petition for Cancellation is attached to this response.

EVIDENCE
Evidence in the nature of Petition for Cancellation with Exhibit A and filing confirmation showing the Petition was filed on February 27, 2020. has been attached.
Original PDF file:
evi_7599126218-20200305155920935948_._Petition_for_Cancellation.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_7599126218-20200305155920935948_._Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_7599126218-20200305155920935948_._Confirmation.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 028 for Arrows
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/22/2019 and first used in commerce at least as early as 01/22/2019 , and is now in use in such commerce.

Proposed: Class 028 for Arrows
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/22/2019 and first used in commerce at least as early as 01/22/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of product packaging for XBR arrows showing Traditions name on package.
"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

Applicant hereby adds the following class of goods/services to the application:
New: Class 001 for cleaning solvents
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/01/2001 and first used in commerce at least as early as 01/01/2001 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 001 . The specimen(s) submitted consists of Product packaging bearing the Traditions name with a "revolver shooter's kit," which includes bore solvent, a cleaning solvent. The packaging bears a description of the contents, including the bore solvent. .
"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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Traditional Sporting Goods, Inc., a corporation of Connecticut, having an address of
      1375 Boston Post Road
      Old Saybrook, Connecticut 06475
      United States

Proposed: Traditional Sporting Goods, Inc., DBA Traditions Performance Firearms, a corporation of Connecticut, having an address of
      1375 Boston Post Road
      Old Saybrook, Connecticut 06475
      United States
      Email Address: alison@traditionsfirearms.com

The owner's/holder's current attorney information: Danielle J Reiss. Danielle J Reiss of PISCIOTTI MALSCH, is located at

      30 COLUMBIA TURNPIKE, SUITE 205
      FLORHAM PARK, New Jersey 07932
      United States
The docket/reference number is 949.12.
      The phone number is 973-245-8100.
      The fax number is 973-245-8101.
      The email address is dreiss@pmlegalfirm.com

The owner's/holder's proposed attorney information: Danielle J Reiss. Other appointed attorneys are Ryan Erdreich. Danielle J Reiss of Pisciotti Malsch, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      30 Columbia Turnpike, Suite 205
      Florham Park, New Jersey 07932
      United States
The docket/reference number is 949.12.
      The phone number is 973-245-8100.
      The fax number is 973-245-8101.
      The email address is dreiss@pmlegalfirm.com

Danielle J Reiss 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):
      DANIELLE J REISS
      PRIMARY EMAIL FOR CORRESPONDENCE: dreiss@pmlegalfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rerdreich@pmlegalfirm.com

The docket/reference number is 949.12.
Correspondence Information (proposed):
      Danielle J Reiss
      PRIMARY EMAIL FOR CORRESPONDENCE: dreiss@pmlegalfirm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rerdreich@pmlegalfirm.com

The docket/reference number is 949.12.

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).

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: /danielle j reiss/      Date: 03/05/2020
Signatory's Name: Reiss, Danielle J
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 9732458100


Response Signature
Signature: /danielle j reiss/     Date: 03/05/2020
Signatory's Name: Reiss, Danielle J
Signatory's Position: Attorney of record, New Jersey bar member

Signatory's Phone Number: 9732458100

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:    DANIELLE J REISS
   PISCIOTTI MALSCH
   
   30 COLUMBIA TURNPIKE, SUITE 205
   FLORHAM PARK, New Jersey 07932
Mailing Address:    Danielle J Reiss
   Pisciotti Malsch
   30 Columbia Turnpike, Suite 205
   Florham Park, New Jersey 07932
        
RAM Sale Number: 88474131
RAM Accounting Date: 03/05/2020
        
Serial Number: 88474131
Internet Transmission Date: Thu Mar 05 16:27:51 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020030516275108
4900-88474131-7101074af144a9cf3cea62c9ef
c0a48ecafa605ce926fdcf487eee26534fdea34-
CC-27496618-20200305155920935948