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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88089574 |
LAW OFFICE ASSIGNED | LAW OFFICE 115 |
MARK SECTION | |
MARK | http://tmng-al.gov.uspto.report/resting2/api/img/88089574/large |
LITERAL ELEMENT | REVO |
STANDARD CHARACTERS | YES |
USPTO-GENERATED IMAGE | YES |
MARK STATEMENT | The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) | |
Likelihood of Confusion
Class 20 is deleted from this application, and a separate Request to Divide class 21 and all the associated class 21 goods from this application is being filed. Accordingly, Applicant
respectfully requests that the Examiner reconsider and withdraw this refusal.
Information Request for Class 21 Goods
The goods are sold on the internet, as can be seen in the substitute specimens.
The documentation requested is attached.
Some of the photographs of the goods were created for submission (e.g., the photographs with the hands in them), some of the photographs were created for other uses and also used for submission,
and the screenshots of webpages were created by the attorney representing the Applicant.
The specimen does show the Applicant's product as it is currently sold to consumers.
The goods are sold on the internet. Please see the attached screenshot.
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EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_1041934597-20190610174127520638_._00843005.PDF |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA2.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA3.JPG | |
ORIGINAL PDF FILE | evi_1041934597-20190610174127520638_._00843006.PDF |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA4.JPG |
ORIGINAL PDF FILE | evi_1041934597-20190610174127520638_._00843007.PDF |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA5.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA6.JPG | |
ORIGINAL PDF FILE | evi_1041934597-20190610174127520638_._00843008.PDF |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA7.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\889\756\88975608\LM2Copy\88089574\1\ROA7\ROA8.JPG | |
DESCRIPTION OF EVIDENCE FILE | The evidence, as requested by the Examiner, includes a Bill of Lading, a Customs Declaration, an Invoice and Packing List, and an Invoice. |
GOODS AND/OR SERVICES SECTION (020)(class deleted) | |
GOODS AND/OR SERVICES SECTION (021)(current) | |
INTERNATIONAL CLASS | 021 |
DESCRIPTION | Thermally insulated containers for food or beverages |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 08/10/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 08/10/2018 |
GOODS AND/OR SERVICES SECTION (021)(proposed) | |
INTERNATIONAL CLASS | 021 |
DESCRIPTION | Thermally insulated containers for food or beverages |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 08/10/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 08/10/2018 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\889\756\88975608\LM2Co py\88089574\1\ROA7\ROA9.J |
\\TICRS\EXPORT17\IMAGEOUT 17\889\756\88975608\LM2Co py\88089574\1\ROA7\ROA10. | |
SPECIMEN DESCRIPTION | One specimen includes a screenshot of a webpage showing a thermally insulated container for food or beverages. The container displays the subject mark, and the webpage offers a button to order the container. Another specimen shows a photograph of the container, which displays the subject mark. |
GOODS AND/OR SERVICES SECTION (022)(current) | |
INTERNATIONAL CLASS | 022 |
DESCRIPTION | Tents |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 08/10/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 08/10/2018 |
GOODS AND/OR SERVICES SECTION (022)(proposed) | |
INTERNATIONAL CLASS | 022 |
DESCRIPTION | Tents |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 08/10/2018 |
FIRST USE IN COMMERCE DATE | At least as early as 08/10/2018 |
STATEMENT TYPE | "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]. |
SPECIMEN FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\889\756\88975608\LM2Co py\88089574\1\ROA7\ROA11. |
\\TICRS\EXPORT17\IMAGEOUT 17\889\756\88975608\LM2Co py\88089574\1\ROA7\ROA12. | |
SPECIMEN DESCRIPTION | One specimen includes a screenshot of a webpage showing a tent. The tent displays the subject mark, and the webpage offers a button to order the tent. Another specimen shows a photograph of the tent inside a bag/case, which displays the subject mark. |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Garth E. Coviello/ |
SIGNATORY'S NAME | Garth E. Coviello |
SIGNATORY'S POSITION | Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER | 6072562000 |
DATE SIGNED | 06/10/2019 |
RESPONSE SIGNATURE | /Garth E. Coviello/ |
SIGNATORY'S NAME | Garth E. Coviello |
SIGNATORY'S POSITION | Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER | 6072562000 |
DATE SIGNED | 06/10/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Jun 10 18:47:11 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XX.XX-2 0190610184711464714-88089 574-620f0f1376ef6f22e902c 6dbea53812c36a9f07858bc8e 72f61ee616116d7069d3-N/A- N/A-20190610174127520638 |
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) |
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.