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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88381510 |
LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/88381510/large |
LITERAL ELEMENT |
M |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Scuba masks; diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving masks, wetsuits, scuba fins,
scuba tanks, regulators, snorkels |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Scuba masks; diving equipment, namely, helmets, protective diving shoes,
protective diving gloves, diving masks, wetsuits, scuba fins, scuba tanks, regulators, snorkels; diving equipment, namely, helmets, protective diving shoes,
protective diving gloves, diving face masks, scuba air tanks, regulators, snorkels |
FINAL DESCRIPTION |
Scuba masks; diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving face masks, scuba air tanks,
regulators, snorkels |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Leather and imitations of leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports
bags, shopping bags, satchels, duffle bags, swimming gear bags, swimming utility bags, beach bags, drawstring bags, backpacks; trunks being luggage and travelling bags, namely leather bags, gym bags,
sports bags, satchels, duffle bags, swimming gear bags, swimming utility bags, water proof bags, beach bags, drawstring bags, backpacks; shopping bags, namely, mesh shopping bags, canvas shopping
bags, leather shopping bags; rucksacks; handbags; travelling bags; sports bags; satchels; bags made from textile included in this class, namely shopping bags, rucksacks, handbags, travelling bags,
sports bags, satchels, drawstring bags, beachbags, water proof bags, tarpaulin duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch bags, backpacks;
parasols |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Leather and imitations of leather, and goods made of these materials and not included in other classes,
namely bags, rucksacks, sports bags, shopping bags, satchels, duffle bags, swimming gear bags, swimming utility bags, beach bags, drawstring bags, backpacks; Leather and imitations of leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports bags, shopping bags, satchels, duffle bags, beach bags,
drawstring bags, backpacks; trunks being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle bags, swimming gear bags,
swimming utility bags, water proof bags, beach bags, drawstring bags, backpacks; trunks being luggage and travelling bags, namely leather bags, gym bags, sports
bags, satchels, duffle bags, water proof bags, beach bags, drawstring bags, backpacks; shopping bags, namely, mesh shopping bags, canvas shopping bags, leather shopping
bags; rucksacks; handbags; travelling bags; sports bags; satchels; bags made from textile included in this class, namely shopping bags, rucksacks, handbags, travelling bags, sports bags, satchels, drawstring bags,
beachbags, water proof bags, tarpaulin duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch bags, backpacks; parasols |
FINAL DESCRIPTION |
Leather and imitations of leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports
bags, shopping bags, satchels, duffle bags, beach bags, drawstring bags, backpacks; trunks being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle bags, water
proof bags, beach bags, drawstring bags, backpacks; shopping bags, namely, mesh shopping bags, canvas shopping bags, leather shopping bags; rucksacks; handbags; travelling bags; sports bags;
satchels; bags made from textile included in this class, namely shopping bags, rucksacks, handbags, travelling bags, sports bags, satchels, drawstring bags, beachbags, water proof bags, tarpaulin
duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch bags, backpacks; parasols |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(current) |
INTERNATIONAL CLASS |
028 |
DESCRIPTION |
Bags for surfboards |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (028)(proposed) |
INTERNATIONAL CLASS |
028 |
TRACKED TEXT DESCRIPTION |
Bags for surfboards; scuba fins; bags
specifically designed for carrying swimming gear; bags specifically designed for carrying swimming utilities |
FINAL DESCRIPTION |
Bags for surfboards; scuba fins; bags specifically designed for carrying swimming gear; bags specifically designed for carrying
swimming utilities |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (025)(class added) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Wetsuits |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Michael M. Morris/ |
SIGNATORY'S NAME |
Michael M. Morris |
SIGNATORY'S POSITION |
Attorney for Applicant, Indiana State Bar Member |
SIGNATORY'S PHONE NUMBER |
317-634-3456 |
DATE SIGNED |
07/22/2019 |
RESPONSE SIGNATURE |
/Michael M. Morris/ |
SIGNATORY'S NAME |
Michael M. Morris |
SIGNATORY'S POSITION |
Attorney for Applicant, Indiana State Bar Member |
SIGNATORY'S PHONE NUMBER |
317-634-3456 |
DATE SIGNED |
07/22/2019 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jul 22 14:07:48 EDT 2019 |
TEAS STAMP |
USPTO/RFR-XXX.XX.XXX.X-20
190722140748056164-883815
10-620e26017bf6732812428e
4bdd5d2b37b25d61f395853b6
f5159272ca163e788183-CC-3
63-20190722134248212117 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
88381510 M (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/88381510/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 009 for Scuba masks; diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving masks, wetsuits, scuba fins, scuba tanks, regulators,
snorkels
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: Scuba masks;
diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving
masks, wetsuits, scuba fins, scuba tanks, regulators, snorkels;
diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving face
masks, scuba air tanks, regulators, snorkelsClass 009 for Scuba masks; diving equipment, namely, helmets, protective diving shoes, protective diving gloves, diving face masks, scuba air tanks,
regulators, snorkels
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 018 for Leather and imitations of leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports bags, shopping bags, satchels,
duffle bags, swimming gear bags, swimming utility bags, beach bags, drawstring bags, backpacks; trunks being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle
bags, swimming gear bags, swimming utility bags, water proof bags, beach bags, drawstring bags, backpacks; shopping bags, namely, mesh shopping bags, canvas shopping bags, leather shopping bags;
rucksacks; handbags; travelling bags; sports bags; satchels; bags made from textile included in this class, namely shopping bags, rucksacks, handbags, travelling bags, sports bags, satchels,
drawstring bags, beachbags, water proof bags, tarpaulin duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch bags, backpacks; parasols
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: Leather and imitations of leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports
bags, shopping bags, satchels, duffle bags, swimming gear bags, swimming utility bags, beach bags, drawstring bags, backpacks;
Leather and imitations of leather,
and goods made of these materials and not included in other classes, namely bags, rucksacks, sports bags, shopping bags, satchels, duffle bags, beach bags, drawstring bags, backpacks;
trunks being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle bags, swimming gear bags, swimming utility bags, water proof
bags, beach bags, drawstring bags, backpacks;
trunks being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle bags, water
proof bags, beach bags, drawstring bags, backpacks;
shopping bags, namely, mesh shopping bags, canvas shopping bags, leather shopping bags;
rucksacks;
handbags;
travelling bags;
sports bags;
satchels;
bags made from textile included in this class, namely shopping bags, rucksacks, handbags, travelling bags, sports bags, satchels, drawstring bags, beachbags, water proof bags, tarpaulin
duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch bags, backpacks;
parasolsClass 018 for Leather and imitations of
leather, and goods made of these materials and not included in other classes, namely bags, rucksacks, sports bags, shopping bags, satchels, duffle bags, beach bags, drawstring bags, backpacks; trunks
being luggage and travelling bags, namely leather bags, gym bags, sports bags, satchels, duffle bags, water proof bags, beach bags, drawstring bags, backpacks; shopping bags, namely, mesh shopping
bags, canvas shopping bags, leather shopping bags; rucksacks; handbags; travelling bags; sports bags; satchels; bags made from textile included in this class, namely shopping bags, rucksacks,
handbags, travelling bags, sports bags, satchels, drawstring bags, beachbags, water proof bags, tarpaulin duffle bags, swimming gear bags, swimming duffle bags, swimming utility bags, swimming pouch
bags, backpacks; parasols
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 028 for Bags for surfboards
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: Bags for surfboards;
scuba fins;
bags specifically designed for
carrying swimming gear;
bags specifically designed for carrying swimming utilitiesClass 028 for Bags for surfboards; scuba fins; bags specifically designed
for carrying swimming gear; bags specifically designed for carrying swimming utilities
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 025 for Wetsuits
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.
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: /Michael M. Morris/ Date: 07/22/2019
Signatory's Name: Michael M. Morris
Signatory's Position: Attorney for Applicant, Indiana State Bar Member
Signatory's Phone Number: 317-634-3456
Request for Reconsideration Signature
Signature: /Michael M. Morris/ Date: 07/22/2019
Signatory's Name: Michael M. Morris
Signatory's Position: Attorney for Applicant, Indiana State Bar Member
Signatory's Phone Number: 317-634-3456
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 88381510
RAM Accounting Date: 07/23/2019
Serial Number: 88381510
Internet Transmission Date: Mon Jul 22 14:07:48 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XX.XXX.X-20190722140748056
164-88381510-620e26017bf6732812428e4bdd5
d2b37b25d61f395853b6f5159272ca163e788183
-CC-363-20190722134248212117