Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88862365 IGNITE(Standard Characters, see http://uspto.report/TM/88862365/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant's Response to Section 2(d) Refusal and Prior Pending Application
Original PDF file:
evi_198235132166-20210216 110313114476_._Response_t o_Office_Action_Applicant _No_88862365.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Fireworks firing systems
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: Fireworks firing systems; Fireworks firing systems consisting primarily of one or more wireless firing modules designed for the remote ignition of disposable igniters connected to pyrotechnic devices. The firing modules are controlled by a smart device (phone or tablet) with an installed app designed specifically to control the wireless firing modulesClass 009 for Fireworks firing systems consisting primarily of one or more wireless firing modules designed for the remote ignition of disposable igniters connected to pyrotechnic devices. The firing modules are controlled by a smart device (phone or tablet) with an installed app designed specifically to control the wireless firing modules
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


ADDITIONAL STATEMENTS
Miscellaneous Statement
Response to Requirement for Additional Information About the Goods: Please see attached preliminary marketing brief.

Original PDF file:
mis-198235132166-20210216 110313114476_._IGNITE_Mar keting_Brief__NC_.pdf
Converted PDF file(s) ( 14 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4Miscellaneous File5Miscellaneous File6Miscellaneous File7Miscellaneous File8Miscellaneous File9Miscellaneous File10Miscellaneous File11Miscellaneous File12Miscellaneous File13Miscellaneous File14
Correspondence Information (current):
      DAVID E. ROOK
      PRIMARY EMAIL FOR CORRESPONDENCE: ptocommunications@hoffmanwarnick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mh@hoffmanwarnick.com; drook@hoffmanwarnick.com

The docket/reference number is CFS-0004.
Correspondence Information (proposed):
      David E. Rook
      PRIMARY EMAIL FOR CORRESPONDENCE: ptocommunications@hoffmanwarnick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mh@hoffmanwarnick.com; drook@hoffmanwarnick.com

The docket/reference number is CFS-0004.

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: /David E. Rook/     Date: 02/16/2021
Signatory's Name: David E. Rook
Signatory's Position: Attorney of Record, New York bar member

Signatory's Phone Number: 5182586559 Signature method: Signed directly within the form

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 E. ROOK
   HOFFMAN WARNICK LLC
   
   540 BROADWAY 4TH FLR.
   ALBANY, New York 12207
Mailing Address:    David E. Rook
   HOFFMAN WARNICK LLC
   540 BROADWAY 4TH FLR.
   ALBANY, New York 12207
        
Serial Number: 88862365
Internet Transmission Date: Tue Feb 16 11:12:58 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20210216111258
548422-88862365-7707bd7ca195ce99373eaa17
a1e79684553ea625fd835acd85e58845a9a49188
c7-N/A-N/A-20210216110313114476