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. 88653979 SYPHER PK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8865397 9/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SYPHER PK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8865397 9/large)
Proposed: SYPHERPK (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the stylized wording SYPHERPK; the wording PK appears in a shaded square; to the left of the wording appears a stylized monstrous, demonic face.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; T-shirts
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 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and is now in use in such commerce.


Proposed:
Class 025 for Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; T-shirts
Deleted Filing Basis: 1(a)
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SypherPK LLC, a limited liability company legally organized under the laws of Texas, having an address of
      12407 N Mopac Expy., Ste 250-485
      Austin, Texas 78758
      United States

Proposed: SypherPK LLC, a limited liability company legally organized under the laws of Texas, having an address of
      12407 N Mopac Expy., Ste 250-485
      Austin, Texas 78758
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark identifies Ali Ali, whose consent(s) to register is made of record.

Original PDF file:
consent-712357434-1046120 34_._SYPHERPK_Stage_Name_ Consent_form_Signed.pdf
Converted PDF file(s) ( 1 page) Consent File1

Miscellaneous Statement
Please delete the color claim currently of record. Color is not claimed as a feature of the mark.

Correspondence Information (current):
      ADAM GERTZ
      PRIMARY EMAIL FOR CORRESPONDENCE: adam@morrisonrothman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allison@morrisonrothman.com; ryan@morrisonrothman.com
Correspondence Information (proposed):
      Adam Gertz
      PRIMARY EMAIL FOR CORRESPONDENCE: adam@morrisonrothman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): allison@morrisonrothman.com; ryan@morrisonrothman.com; caroline@morrisonrothman.com

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)
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: /Adam Gertz/      Date: 07/16/2020
Signatory's Name: Adam Gertz
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 3105569611


Response Signature
Signature: /Adam Gertz/     Date: 07/16/2020
Signatory's Name: Adam Gertz
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 3105569611

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:    ADAM GERTZ
   MORRISON ROTHMAN LLP
   
   1801 CENTURY PARK EAST, 25TH FLOOR
   LOS ANGELES, California 90067
Mailing Address:    Adam Gertz
   MORRISON ROTHMAN LLP
   1801 CENTURY PARK EAST, 25TH FLOOR
   LOS ANGELES, California 90067
        
Serial Number: 88653979
Internet Transmission Date: Thu Jul 16 11:08:53 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200716110853046
352-88653979-7406ed5f9c0a05c231e6db02270
6f45a1fe523a9d73602b4f831c1e4b2de5d16fb-
N/A-N/A-20200716104612034574