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)

---

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. 88660424 FROSTBITE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8866042 4/large) has been amended as follows:

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

Applicant submits argument herein as a PDF along with its evidence to preserve formatting.

EVIDENCE
Evidence has been attached: Applicant Arguments and a Listing of Exhibits including: Exhibit A1: Illustrative Catalog Cover Exhibit A2: Illustrative Interior Catalog Page Displaying Product Exhibit B: Illustrative Product Display Exhibit C: Applicant's Mark Exhibit D: Applicant's Product for Sale Exhibit 1: Product video screenshot for Windy Ridge Frostbite Grapple Exhibit 2: Product video screenshot for Windy Ridge Frostbite Grapple including solicitation for "Dealers Wanted" Exhibit 3: Product listing along with prices for Windy Ridge Frostbite Grapple replacement parts Exhibit 4: Registration # 5205482 Logo FROSTBITE PERFORMANCE COOLING Exhibit 5: Product sold under Registrations # 5205482 FROSTBITE PERFORMANCE COOLING Exhibit 6: Screenshot from Advanced Autoparts Website Categorizing De-Icers & Scrapers as Seasonal Items
Original PDF file:
evi_1-1731679132-20200716 133828929707_._Response_F rostBite_88660424.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_1-1731679132-20200716 133828929707_._Listing_of _Exhibits_Submitted_88660 424.pdf
Converted PDF file(s) ( 10 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 007 for Brushes being parts of or for use with ice scrapers; ice and snow brushes for use with removing ice and snow from vehicles

Applicant hereby adds the following class of goods/services to the application:
New: Class 008 (Original Class: 007 ) for Brushes being parts of and for use with hand-operated ice scrapers; Hand-operated ice and snow brushes for use with removing ice and snow from vehicles
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 06/06/2011 and first used in commerce at least as early as 08/23/2019 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 008 . The specimen(s) submitted consists of 1. A picture of brush with an ice scraper end as described in the class description offered for sale using the trademark upon the product as well as an associated tag; all closely associated with the product and its sale; 2. A picture of brushes an ice scraper end, at the point of sale (front of display box), as described in the class description offered for sale using the trademark upon the product as well as an associated tag; all closely associated with the product and its sale; 3. A picture of the point of sale materials (back and side of display box) used to sell brushes with ice scraper end demonstrating the ability to order and/or buy brushes with an ice scraper end as described in the class description using the trademark with or upon the point of sale display box .
"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].
Original PDF file:
SPU0-1731679132-202007161 33828929707_._Original_Sp ecimen.pdf
Converted PDF file(s) ( 4 pages) Specimen File1Specimen File2Specimen File3Specimen File4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Lynco Distribution, Inc., DBA Lynco Products, a corporation of Illinois, having an address of
      1410 11th Street West
      Milan, Illinois 61264
      United States
      Email Address: XXXX
      563-441-0207
Proposed: Lynco Distribution, Inc., DBA Lynco Products, a corporation of Illinois, having an address of
      1410 11th Street West
      Milan, Illinois 61264
      United States
      Email Address: XXXX
      309-787-2300

The owner's/holder's current attorney information: Jay R. Hamilton. Jay R. Hamilton of HAMILTON IP LAW, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 235W
      2322 E. KIMBERLY ROAD
      DAVENPORT, Iowa 52807
      United States
The docket/reference number is FrostBL_007.
      The phone number is 563-441-0207.
      The email address is trademarks@hamiltoniplaw.com

The owner's/holder's proposed attorney information: Jay R. Hamilton. Other appointed attorneys are Charles A. Damschen. Jay R. Hamilton of HAMILTON IP LAW, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 235W
      2322 E. KIMBERLY ROAD
      DAVENPORT, Iowa 52807
      United States
The docket/reference number is FrostBL_007.
      The phone number is 563-441-0207.
      The email address is jay@hamiltoniplaw.com

Jay R. Hamilton 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.Correspondence Information (current):
      JAY R. HAMILTON
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@hamiltoniplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jay@hamiltoniplaw.com

The docket/reference number is FrostBL_007.
Correspondence Information (proposed):
      Jay R. Hamilton
      PRIMARY EMAIL FOR CORRESPONDENCE: jay@hamiltoniplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@hamiltoniplaw.com

The docket/reference number is FrostBL_007.

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: /jayrhamilton50644/      Date: 07/16/2020
Signatory's Name: Jay R. Hamilton
Signatory's Position: Attorney for Applicant, member of Illinois state bar
Signatory's Phone Number: 563-441-0207


Response Signature
Signature: /jayrhamilton50644/     Date: 07/16/2020
Signatory's Name: Jay R. Hamilton
Signatory's Position: Attorney of Record for Applicant, member of Illinois state bar

Signatory's Phone Number: 563-441-0207

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:    JAY R. HAMILTON
   HAMILTON IP LAW, PC
   SUITE 235W
   2322 E. KIMBERLY ROAD
   DAVENPORT, Iowa 52807
Mailing Address:    Jay R. Hamilton
   HAMILTON IP LAW, PC
   SUITE 235W
   2322 E. KIMBERLY ROAD
   DAVENPORT, Iowa 52807
        
Serial Number: 88660424
Internet Transmission Date: Thu Jul 16 14:55:25 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020071614552536
6651-88660424-7405081c0f7358362525fe6334
95814d7dd8c9ab721edc63e35c581ef7d0533625
-N/A-N/A-20200716133828929707