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. 88849324 GEMINI(Standard Characters, see http://uspto.report/TM/88849324/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Reticles as a component feature of an optical lens sight or scope for firearms. Component parts for guns; Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; Prismatic telescopic sights, namely, prism scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Non-telescopic gun sights for firearms equipped with illuminated reticles; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; Laser range finder; Night vision devices for use with firearms; Thermo imaging devices for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights and non-telescopic gun sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Tactical flashlights capable of being affixed to a firearm or handheld; Mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Firearm attachments, namely, clamps for attaching accessories to a firearm; Battery-powered motion sensors as a component part of rifle and gun scopes
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: Reticles as a component feature of an optical lens sight or scope for firearms. Component parts for guns; Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; Prismatic telescopic sights, namely, prism rifle scopes for use with firearms; Prismatic telescopic sights, namely, prism scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Gun scopes; Non-telescopic gun sights for firearms equipped with illuminated reticles; Spotting scopes; Optical lens sights; Tactical laser sights; handheld Laser range finder for hunting and shooting purposes; built-in laser range finder for telescopic sights; Laser range finder; Firearm attachments, namely, mounts for attaching telescopic sights, gun sights, magnifiers, flashlights, laser aiming devices to a firearm; Night vision devices for use with firearms; Thermo imaging cameras for use with firearms; Thermo imaging devices for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights; Protective lens covers for use on telescopic sights and non-telescopic gun sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and telescopic gun sights, or are optional add-on accessories; Magnification adjustment levers specially adapted for or integrated in telescopic sights and gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Tactical flashlights capable of being affixed to a firearm or handheld; Battery-powered motion sensors as a component part of rifle and gun scopes.; Mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms; Firearm attachments, namely, clamps for attaching accessories to a firearm; Battery-powered motion sensors as a component part of rifle and gun scopesClass 009 for Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; Prismatic telescopic sights, namely, prism rifle scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; handheld Laser range finder for hunting and shooting purposes; built-in laser range finder for telescopic sights; Firearm attachments, namely, mounts for attaching telescopic sights, gun sights, magnifiers, flashlights, laser aiming devices to a firearm; Thermo imaging cameras for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and telescopic gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Battery-powered motion sensors as a component part of rifle and gun scopes.
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 proposes to amend the following:

Current:
Class 013 for Reticles as a component feature of an optical lens sight or scope for firearms. Component parts for guns; Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; Prismatic telescopic sights, namely, prism scopes for use with firearms; Telescopic sights, namely, rifle scopes for use with firearms; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; Non-telescopic gun sights for firearms equipped with illuminated reticles; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; Laser range finder; Night vision devices for use with firearms; Thermo imaging devices for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights and non-telescopic gun sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Tactical flashlights capable of being affixed to a firearm or handheld; Mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Firearm attachments, namely, clamps for attaching accessories to a firearm; Battery-powered motion sensors as a component part of rifle and gun scopes
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: Reticles as a component feature of an optical lens sight or scope for firearms. Component parts for guns; Component parts for guns; Reticles as a component feature of an optical lens scope for rifle, gun, and firearms; non-telescopic gun sights for firearms equipped with illuminated reticles; Prismatic telescopic sights, namely, prism scopes for use with firearms; Protective lens covers for use on nontelescopic gun sights; Telescopic sights, namely, rifle scopes for use with firearms; firearm attachments, namely, clamps for attaching accessories to a firearm; Non-telescopic optical lens sights for use with firearms, namely, gun sights, micro dots, dot sights, reflex sights, holographic sights; rifle mounts, namely, mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms.; Gun scopes; Spotting scopes; Optical lens sights; Tactical laser sights; Laser range finder; Night vision devices for use with firearms; Thermo imaging devices for use with firearms; Magnifiers for optical lens sights for firearms; Monoculars; Binoculars; Anti-reflection devices for use on telescopic sights and non-telescopic gun sights in the nature of sun shades or honeycomb flash filters specially adapted for or integrated in telescopic sights and non-telescopic gun sights, or are optional add-on accessories; Protective lens covers for use on telescopic sights and non-telescopic gun sights; Magnification adjustment levers specially adapted for or integrated in telescopic sights and gun sights, or are optional add-on accessories; Laser pointing devices for use with firearms, namely, firearm laser aiming devices; Tactical flashlights capable of being affixed to a firearm or handheld; Mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms; Windage and elevation adjustment units sold as a component part of rifle and gun scopes; Battery-powered motion sensors as a component part of rifle and gun scopesClass 013 for Component parts for guns; non-telescopic gun sights for firearms equipped with illuminated reticles; Protective lens covers for use on nontelescopic gun sights; firearm attachments, namely, clamps for attaching accessories to a firearm; rifle mounts, namely, mounts, namely, risers, bases, scope mounts, spacers, extended mounts, moa mounts for use with firearms.
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):
      PRIMARY ARMS, L.L.C.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhenry@primaryarms.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joyce@primaryarms.com
Correspondence Information (proposed):
      Primary Arms, L.L.C.
      PRIMARY EMAIL FOR CORRESPONDENCE: bhenry@primaryarms.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joyce@primaryarms.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)
Response Signature
Signature: //Marshall Lerner//     Date: 05/08/2020
Signatory's Name: Marshall Lerner
Signatory's Position: Chief Executive Officer

Signatory's Phone Number: 7133449595

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    PRIMARY ARMS, L.L.C.
   PRIMARY ARMS, L.L.C.
   
   3219 S. SAM HOUSTON PKWY. E., SUITE 100
   HOUSTON, Texas 77047
Mailing Address:    Primary Arms, L.L.C.
   3219 S. Sam Houston Pkwy. E., Suite 100
   Houston, Texas 77047
        
Serial Number: 88849324
Internet Transmission Date: Mon May 11 10:45:58 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202005111045586488
72-88849324-7103a508160cca2a7081329bbec9
17ce213955cd7ff5c0de9742867b67827b77-N/A
-N/A-20200508093031066245