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 09/30/2020)

---

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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88790834 HONEYBADGER(Standard Characters, see http://uspto.report/TM/88790834/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Written response to the issues raised in the Office Action, and product information responsive to the request for information in the office action. If desired, the Office can view additional product information at the following URL: http://nikolamotor.com/badger
Original PDF file:
evi_631752310-20201009140 133401595_._88790834Remar ks.pdf
Converted PDF file(s) ( 11 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11
Original PDF file:
evi_631752310-20201009140 133401595_._88790834ListO fMarks.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_631752310-20201009140 133401595_._88790834Badge rInformation.pdf
Converted PDF file(s) ( 13 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13
Original PDF file:
evi_631752310-20201009140 133401595_._88790834Badge rReserve.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Vehicles; Electric drive train vehicles; Trucks; Electric drive train trucks; Pickup trucks; Electric drive train pickup trucks
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.


Proposed:

Tracked Text Description: Vehicles; Land vehicles with electric drive trains; Electric drive train vehicles; Trucks with electric drive trains; Trucks; Pickup trucks with electric drive trains; Electric drive train trucks; Pickup trucks; Electric drive train pickup trucksClass 012 for Land vehicles with electric drive trains; Trucks with electric drive trains; Pickup trucks with electric drive trains
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.
Correspondence Information (current):
      Ryan D. Ricks
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@swlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rricks@swlaw.com; cvallens@swlaw.com

The docket/reference number is 75250.07800.
Correspondence Information (proposed):
      Ryan D. Ricks
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@swlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rricks@swlaw.com; cvallens@swlaw.com

The docket/reference number is 75250.07800.

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: /Ryan D. Ricks/     Date: 10/09/2020
Signatory's Name: Ryan D. Ricks
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602 382 6000

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:    Ryan D. Ricks
   Snell & Wilmer L.L.P.
   One Arizona Center
   400 E. Van Buren Street
   Phoenix, Arizona 85004
Mailing Address:    Ryan D. Ricks
   Snell & Wilmer L.L.P.
   One Arizona Center
   400 E. Van Buren Street
   Phoenix, Arizona 85004
        
Serial Number: 88790834
Internet Transmission Date: Fri Oct 09 14:06:59 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20201009140659824
602-88790834-7503dfbc5f721bab73c5adb29bb
383e935ab97f71ef71152f617e8ae945e6b18a-N
/A-N/A-20201009140133401595