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)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88811394 PRO SERIES BY BLACKSTONE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8881139 4/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for outdoor cooking stations; fitted covers for outdoor cooking stations; bags specially adapted for holding or carrying components of outdoor cooking stations and cooking utensils; portable cooking carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessories
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: outdoor cooking stations; outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; fitted covers for outdoor cooking stations; fitted covers specially adapted for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; bags specially adapted for holding or carrying components of outdoor cooking stations and cooking utensils; bags specially adapted for holding or carrying cooking implements and cooking utensils; portable cooking carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessoriesClass 011 for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; fitted covers specially adapted for outdoor cooking stations, namely, outdoor gas grills, outdoor gas-powered griddles, outdoor gas cooking ovens for household purposes, outdoor barbeque smokers, outdoor charcoal grills, and outdoor electric griddles; bags specially adapted for holding or carrying cooking implements and cooking utensils
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for non-motorized portable carts specially adapted for outdoor cooking and storing outdoor cooking equipment and accessories
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.

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


The owner's/holder's current attorney information: David L. Stott. David L. Stott, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 400
      PROVIDENCE, Utah 84332
      United States
The docket/reference number is 131T14.
      The phone number is 435-994-8900.
      The email address is stottdl@comcast.net

The owner's/holder's proposed attorney information: David L. Stott. David L. Stott, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 400
      PROVIDENCE, Utah 84332
      United States
The docket/reference number is 131T14.
      The phone number is 435-994-8900.
      The email address is stottdl@comcast.net

David L. Stott 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):
      DAVID L. STOTT
      PRIMARY EMAIL FOR CORRESPONDENCE: stottdl@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 131T14.
Correspondence Information (proposed):
      David L. Stott
      PRIMARY EMAIL FOR CORRESPONDENCE: stottdl@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 131T14.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /David L. Stott/      Date: 10/29/2020
Signatory's Name: David L. Stott
Signatory's Position: Attorney of record, Utah Bar member
Signatory's Phone Number: 435-994-8900


Response Signature
Signature: /David L. Stott/     Date: 10/29/2020
Signatory's Name: David L. Stott
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 435-994-8900

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:    DAVID L. STOTT
   
   
   P.O. BOX 400
   PROVIDENCE, Utah 84332
Mailing Address:    David L. Stott
   P.O. BOX 400
   PROVIDENCE, Utah 84332
        
RAM Sale Number: 88811394
RAM Accounting Date: 10/29/2020
        
Serial Number: 88811394
Internet Transmission Date: Thu Oct 29 12:01:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020102912011281
9350-88811394-75067e8137e87aca59983f3b3a
749dfa48319a76329362ac20c271a3fbb64276d4
-CC-01111671-20201029113357426307