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. 88491377 LOWRIDER(Standard Characters, see http://uspto.report/TM/88491377/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments has been attached.
Original PDF file:
evi_6918090155-20200105211641311442_._Arguments_for_2020-1-5_ROA_88491377_-_LOWRIDER.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Marine engines and structural parts therefor; outboard engines and structural parts therefor
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1967515 filed 06/06/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Marine engines and structural parts therefor; outboard engines and structural parts therefor; boat engines, namely, outboard engines and structural parts thereforClass 007 for Marine engines and structural parts therefor; boat engines, namely, outboard engines and structural parts therefor
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1967515 filed 06/06/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: James R Menker. James R Menker of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 1005.0203.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed attorney information: James R Menker. Other appointed attorneys are Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker. James R Menker of Holley & Menker, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 1005.0203.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

James R Menker 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: JAMES R MENKER. JAMES R MENKER of HOLLEY & MENKER, PA, is located at

      PO BOX 331937
      ATLANTIC BEACH, Florida 32233
      US
The docket/reference number is 1005.0203.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

The applicants proposed correspondence information: James R Menker. James R Menker of Holley & Menker, PA, is located at

      PO Box 331937
      Atlantic Beach, Florida 32233
      United States
The docket/reference number is 1005.0203.

The phone number is 904-247-2620.

The fax number is 2022801177.

The email address is eastdocket@holleymenker.com

SIGNATURE(S)
Response Signature
Signature: /jmenker/     Date: 01/05/2020
Signatory's Name: James R Menker
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 9042472620

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:    JAMES R MENKER
   HOLLEY & MENKER, PA
   
   PO BOX 331937
   ATLANTIC BEACH, Florida 32233
Mailing Address:    James R Menker
   Holley & Menker, PA
   PO Box 331937
   Atlantic Beach, Florida 32233
        
Serial Number: 88491377
Internet Transmission Date: Sun Jan 05 21:27:08 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020010521270876
8144-88491377-700b089a68593a6efff99a425a
6f27f62859e53a373a1fd8fed46e76a8fd3a478-
N/A-N/A-20200105211641311442