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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88491377 |
LAW OFFICE ASSIGNED |
LAW OFFICE 122 |
MARK SECTION |
MARK |
http://uspto.report/TM/88491377/mark.png |
LITERAL ELEMENT |
LOWRIDER |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6918090155-20200105211641311442_._Arguments_for_2020-1-5_ROA_88491377_-_LOWRIDER.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\884\913\88491377\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\884\913\88491377\xml4\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
arguments |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Marine engines and structural parts therefor; outboard engines and structural parts therefor |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1967515 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
06/06/2019 |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Marine engines and structural parts therefor; outboard engines and structural
parts therefor; boat engines, namely, outboard engines and structural parts therefor |
FINAL DESCRIPTION |
Marine engines and structural parts therefor; boat engines, namely, outboard engines and structural parts therefor |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1967515 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
06/06/2019 |
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. |
GOODS AND/OR SERVICES SECTION (012)(no change) |
GOODS AND/OR SERVICES SECTION (035)(no change) |
ATTORNEY SECTION (current) |
NAME |
James R Menker |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
HOLLEY & MENKER, PA |
STREET |
PO BOX 331937 |
CITY |
ATLANTIC BEACH |
STATE |
Florida |
POSTAL CODE |
32233 |
COUNTRY |
US |
PHONE |
904-247-2620 |
FAX |
2022801177 |
EMAIL |
eastdocket@holleymenker.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1005.0203 |
ATTORNEY SECTION (proposed) |
NAME |
James R Menker |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Holley & Menker, PA |
STREET |
PO Box 331937 |
CITY |
Atlantic Beach |
STATE |
Florida |
POSTAL CODE |
32233 |
COUNTRY |
United States |
PHONE |
904-247-2620 |
FAX |
2022801177 |
EMAIL |
eastdocket@holleymenker.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1005.0203 |
OTHER APPOINTED ATTORNEY |
Gabrielle A. Holley; Ryan S. Hilbert; and Amy C. Menker |
CORRESPONDENCE SECTION (current) |
NAME |
JAMES R MENKER |
FIRM NAME |
HOLLEY & MENKER, PA |
STREET |
PO BOX 331937 |
CITY |
ATLANTIC BEACH |
STATE |
Florida |
POSTAL CODE |
32233 |
COUNTRY |
US |
PHONE |
904-247-2620 |
FAX |
2022801177 |
EMAIL |
eastdocket@holleymenker.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1005.0203 |
CORRESPONDENCE SECTION (proposed) |
NAME |
James R Menker |
FIRM NAME |
Holley & Menker, PA |
STREET |
PO Box 331937 |
CITY |
Atlantic Beach |
STATE |
Florida |
POSTAL CODE |
32233 |
COUNTRY |
United States |
PHONE |
904-247-2620 |
FAX |
2022801177 |
EMAIL |
eastdocket@holleymenker.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1005.0203 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/jmenker/ |
SIGNATORY'S NAME |
James R Menker |
SIGNATORY'S POSITION |
Attorney of record, Florida bar member |
SIGNATORY'S PHONE NUMBER |
9042472620 |
DATE SIGNED |
01/05/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Sun Jan 05 21:27:08 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0200105212708768144-88491
377-700b089a68593a6efff99
a425a6f27f62859e53a373a1f
d8fed46e76a8fd3a478-N/A-N
/A-20200105211641311442 |
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