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. 88501919 AIRWAVE(Standard Characters, see http://uspto.report/TM/88501919/mark.png) has been amended as follows:

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

Please see the arguments and information attached in the evidence section.

EVIDENCE
Evidence in the nature of Argument and responses to information request; screen captures of online store; invoices; video clips showing Applicant's goods has been attached.
JPG file(s):
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_71195254127-20190918115026118806_._AIRWAVE_Response.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_71195254127-20190918115026118806_._AIRWAVE_invoices.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original Specimen:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)
Original Specimen:
APPLICANT-SUPPLIED FILE (SOUND/MOTION)

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Photographic and movie-making equipment, namely, hand-held digital cameras; Video cameras; Cameras used for television broadcasting purposes; Movie making cameras, namely, motion picture cameras; Camera mounts and supports, namely, stabilizing systems comprised of rests and platforms made out of metal with tension springs; Camera mounts and supports; Camera mounts that isolate a moving camera from vibration
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 05/30/2018 and first used in commerce at least as early as 05/30/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Photographic and movie-making equipment, namely, hand-held digital cameras; Camera mounts and supports, namely, stabilizing systems comprised of rests and platforms made out of metal with tension springs; Video cameras; Camera mounts and supports; Cameras used for television broadcasting purposes; Camera mounts that isolate a moving camera from vibration; Movie making cameras, namely, motion picture camerasClass 009 for Camera mounts and supports, namely, stabilizing systems comprised of rests and platforms made out of metal with tension springs; Camera mounts and supports; Camera mounts that isolate a moving camera from vibration
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 05/30/2018 and first used in commerce at least as early as 05/30/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Camera mounts that isolate a moving camera from vibration .
"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

The applicant's current attorney information: Nicholas D. Wells. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 5146.19.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com

The applicants proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean. Nicholas D. Wells of Legends Law Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      330 Main St.
      Kaysville, Utah 84037
      United States
The docket/reference number is 5146.19.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com

Nicholas D. Wells 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: NICHOLAS D. WELLS. NICHOLAS D. WELLS of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 5146.19.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

The applicants proposed correspondence information: Nicholas D. Wells. Nicholas D. Wells of Legends Law Group, PLLC, is located at

      330 Main St.
      Kaysville, Utah 84037
      United States
The docket/reference number is 5146.19.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

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: /Nicholas Wells/      Date: 09/18/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone Number: 8013374500


Response Signature
Signature: /Nicholas Wells/     Date: 09/18/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 8013374500

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:    NICHOLAS D. WELLS
   LEGENDS LAW GROUP, PLLC
   
   330 MAIN ST.
   KAYSVILLE, Utah 84037
Mailing Address:    Nicholas D. Wells
   Legends Law Group, PLLC
   330 Main St.
   Kaysville, Utah 84037
        
Serial Number: 88501919
Internet Transmission Date: Wed Sep 18 11:54:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909181154124
83638-88501919-610168fb676e43ccd57ac91b5
4db4d2c91fdeab21c47eceaf9c7ffa1d21adbb72
4-N/A-N/A-20190918115026118806