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. 88023560 GIVE A FLAKE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/88023560/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Keychains; jewelry; clocks; ornamental novelty pins
Original Filing Basis:
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: Keychains; jewelry; clocks; ornamental novelty pins; ornamental lapel pinsClass 014 for Keychains; jewelry; clocks; ornamental lapel pins
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 class of goods/services in the application:
Current: Class 041 for Ski and snowboard resort services; entertainment services in the nature of providing adventure park facilities, activities and programs; summer resort services, namely, providing recreational facilities for hiking, cycling, mountain biking, fishing, golfing, paragliding, tennis, climbing, camping; providing outdoor live music; providing a website featuring information about ski, snow sport, mountain, recreational, and summer resort services, and access pass and ticket programs, namely, information on sporting facilities at a resort
Original Filing Basis:
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: Ski and snowboard resort services; entertainment services in the nature of providing adventure park facilities, activities and programs; summer resort services, namely, providing recreational facilities for hiking, cycling, mountain biking, fishing, golfing, paragliding, tennis, climbing, camping; providing outdoor live music; providing outdoor live music concerts; providing a website featuring information about ski, snow sport, mountain, recreational, and summer resort services, and access pass and ticket programs, namely, information on sporting facilities at a resort; providing a website featuring information about recreational ski, snow sport, mountain, recreational, and summer resort services, and access pass and ticket programs, namely, recreational and leisure activities information on sporting facilities at a resortClass 041 for Ski and snowboard resort services; entertainment services in the nature of providing adventure park facilities, activities and programs; summer resort services, namely, providing recreational facilities for hiking, cycling, mountain biking, fishing, golfing, paragliding, tennis, climbing, camping; providing outdoor live music concerts; providing a website featuring information about recreational ski, snow sport, mountain, recreational, and summer resort services, and access pass and ticket programs, namely, recreational and leisure activities information on sporting facilities at a resort
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 class of goods/services in the application:
Current: Class 043 for Hotel and guest hospitality services, namely, restaurant resort services offering food and lodging that promote the health and well-being of patrons; bar, café, lounge and restaurant services, including sit-down services of food and take-out restaurant services; catering services
Original Filing Basis:
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: Hotel and guest hospitality services, namely, restaurant resort services offering food and lodging that promote the health and well-being of patrons; bar, café, lounge and restaurant services, including sit-down services of food and take-out restaurant services; bar, café, cocktail lounge and restaurant services, including sit-down services of food and take-out restaurant services; catering servicesClass 043 for Hotel and guest hospitality services, namely, restaurant resort services offering food and lodging that promote the health and well-being of patrons; bar, café, cocktail lounge and restaurant services, including sit-down services of food and take-out restaurant services; catering services
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.

SIGNATURE(S)
Response Signature
Signature: /ils/     Date: 12/04/2018
Signatory's Name: Ian L. Saffer
Signatory's Position: Attorney for Applicant, Colorado Bar member

Signatory's Phone Number: 303-268-0066

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88023560
Internet Transmission Date: Tue Dec 04 15:51:59 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201812041551596
80376-88023560-6108833ec276b9d5595970ef2
94f06a4f796cc9e21ad360a8caed9721ae6978c-
N/A-N/A-20181204131631108613