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. 88640315 X SERIES (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8864031 5/large) has been amended as follows:

EVIDENCE
Evidence has been attached: A PDF Response addressing the specimen refusal, identification of goods requirements, and disclaimer requirements.
Original PDF file:
evi_108183294-20200424142 600646066_._X_SERIES_Styl ized__IC12__Office_Action _Response.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Optional automobile equipment packages sold as an integral part of motor vehicles and comprised of a combination in whole or in part of the following motor vehicle parts and accessories, namely, exterior accessories, alloy wheels, all-terrain tires, running boards, exhaust tips, emblem overlays, fender flares, bed liners, fog lights, bumper covers, and badges
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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Optional automobile equipment packages sold as an integral part of motor vehicles and comprised of a combination in whole or in part of the following motor vehicle parts and accessories, namely, exterior accessories, alloy wheels, all-terrain tires, running boards, exhaust tips, emblem overlays, fender flares, bed liners, fog lights, bumper covers, and badges; Automobile equipment packages sold as an integral part of motor vehicles and comprised primarily of a combination, in whole or in part, of exterior accessories, namely, caliper covers for motor vehicles, alloy wheels for motor vehicles, all-terrain tires for motor vehicles, motor vehicle running boards, engine exhaust tips, fender flares for land vehicles, spray-in truck bed liners, and bumper covers for automobiles, and also including plastic overlays for motor vehicle emblems, fog lights for vehicles, and badges of plastic for vehicles.Class 012 for Automobile equipment packages sold as an integral part of motor vehicles and comprised primarily of a combination, in whole or in part, of exterior accessories, namely, caliper covers for motor vehicles, alloy wheels for motor vehicles, all-terrain tires for motor vehicles, motor vehicle running boards, engine exhaust tips, fender flares for land vehicles, spray-in truck bed liners, and bumper covers for automobiles, and also including plastic overlays for motor vehicle emblems, fog lights for vehicles, and badges of plastic 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 09/01/2018 and first used in commerce at least as early as 09/01/2018 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Southeast Toyota Distributors, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      100 Jim Moran Boulevard
      Deerfield Beach, Florida 33442
      United States

Proposed: Southeast Toyota Distributors, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      100 Jim Moran Boulevard
      Deerfield Beach, Florida 33442
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SERIES apart from the mark as shown.

Correspondence Information (current):
      LUNA M. SAMMAN
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@arentfox.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): luna.samman@arentfox.com; thorne.maginnis@arentfox.com; johanna.mansilla@arentfox.com

The docket/reference number is 020007.00076.
Correspondence Information (proposed):
      Luna M. Samman
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@arentfox.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): luna.samman@arentfox.com; thorne.maginnis@arentfox.com; ryan.walsh@arentfox.com

The docket/reference number is 020007.00076.

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).

SIGNATURE(S)
Response Signature
Signature: /Thorne Maginnis/     Date: 04/24/2020
Signatory's Name: Maginnis, Thorne
Signatory's Position: Attorney for Applicant, DC Bar Member, Arent Fox LLP

Signatory's Phone Number: 2028576000

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:    LUNA M. SAMMAN
   ARENT FOX LLP
   
   1717 K ST., NW
   WASHINGTON, District of Columbia 20006
Mailing Address:    Luna M. Samman
   ARENT FOX LLP
   1717 K ST., NW
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88640315
Internet Transmission Date: Fri Apr 24 15:44:30 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200424154430593
114-88640315-710972dd36ee7b7c9385765f30a
a2ab7e5c028494229ab10528fee83533664-N/A-
N/A-20200424142600646066