Response to Office Action

SEASTAR

Stephen Robert Merschat

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88520406
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88520406/mark.png
LITERAL ELEMENT SEASTAR
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.
ARGUMENT(S)
Hello, I don't dispute Ms. Schwarz's finding that "Decorative lighting in the nature of electrically-illuminated boats" is indefinite and potentially confusing so it is withdrawn from the application.
EVIDENCE SECTION
DESCRIPTION OF EVIDENCE FILE n/a no evidence is submitted. I don't dispute Ms. Schwarz's finding that "Decorative lighting in the nature of electrically-illuminated boats" is indefinite and potentially confusing, so this wording in the identification of goods is withdrawn.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 011
DESCRIPTION
LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Decorative lighting in the nature of electrically-illuminated boats; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehicles
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/15/2019
        FIRST USE IN COMMERCE DATE At least as early as 07/16/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Decorative lighting in the nature of electrically-illuminated boats; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehicles
FINAL DESCRIPTION
LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehicles
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/15/2019
       FIRST USE IN COMMERCE DATE At least as early as 07/16/2019
SIGNATURE SECTION
RESPONSE SIGNATURE /STEPHEN ROBERT MERSCHAT/
SIGNATORY'S NAME STEPHEN ROBERT MERSCHAT
SIGNATORY'S POSITION OWNER
SIGNATORY'S PHONE NUMBER 281-841-6442
DATE SIGNED 10/10/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Oct 10 22:56:18 EDT 2019
TEAS STAMP USPTO/ROA-XX.X.XXX.XXX-20
191010225618172951-885204
06-610fa38909fcee9a845aad
8a8f12188cea5bb9186b582c6
85f8e23e50dacaf3-N/A-N/A-
20191010223517617592



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. 88520406 SEASTAR(Standard Characters, see http://uspto.report/TM/88520406/mark.png) has been amended as follows:

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

Hello, I don't dispute Ms. Schwarz's finding that "Decorative lighting in the nature of electrically-illuminated boats" is indefinite and potentially confusing so it is withdrawn from the application.

EVIDENCE
Evidence in the nature of n/a no evidence is submitted. I don't dispute Ms. Schwarz's finding that "Decorative lighting in the nature of electrically-illuminated boats" is indefinite and potentially confusing, so this wording in the identification of goods is withdrawn. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Decorative lighting in the nature of electrically-illuminated boats; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehicles
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 07/15/2019 and first used in commerce at least as early as 07/16/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Decorative lighting in the nature of electrically-illuminated boats; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehiclesClass 011 for LED underwater lights; Lighting apparatus for vehicles; Lighting fixtures; Lighting installations; Lighting installations for vehicles; Lights for vehicles; Battery-operated night lights; Electric lighting fixtures; Electric night lights; Fish-luring lights; Flood lights; LED (light emitting diode) lighting fixtures; LED (light emitting diodes) lighting fixtures for use in display, commercial, industrial, residential, and architectural accent lighting applications; LED lighting fixtures for indoor and outdoor lighting applications; LED mood lights; Rear lights for vehicles
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 07/15/2019 and first used in commerce at least as early as 07/16/2019 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /STEPHEN ROBERT MERSCHAT/     Date: 10/10/2019
Signatory's Name: STEPHEN ROBERT MERSCHAT
Signatory's Position: OWNER

Signatory's Phone Number: 281-841-6442

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88520406
Internet Transmission Date: Thu Oct 10 22:56:18 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20191010225618172
951-88520406-610fa38909fcee9a845aad8a8f1
2188cea5bb9186b582c685f8e23e50dacaf3-N/A
-N/A-20191010223517617592



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