| 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 |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 90006149 |
| LAW OFFICE ASSIGNED | LAW OFFICE 120 |
| MARK SECTION | |
| MARK | mark |
| LITERAL ELEMENT | CALIBER |
| 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) | |
|
This is responsive to an Office Action sent on September 24, 2021. In the Office Action, the present application was rejected under Section 2(d). Applicant submits that US Registration No. 6078423 and the present application are owned by the same entity, Caliber, Inc. Applicant will be submitting a petition under TMEP 1201.02(c)(7) to correct the ownership of the ‘423 registration, which should obviate the Section 2(d) refusal. Next, it was alleged that the specimen does not show use with the identified goods because it was alleged that the recites are in multiple classes which caused the rejection of the specimen. Applicant respectfully requests that the request to amended the identification of goods be reconsidered and that the partial Section 1 and 45 rejections be withdrawn. Applicant’s attorney spent a significant amount of time with Examining Attorney Hesik in amending the goods in the application that resulted in the ‘423 registration. Applicant believes that the goods as presented are accurate and in the correct International Class. Applicant invites Examining Attorney Toy to view Applicant’s goods at www.caliberproductsinc.com. As such, Applicant submits that specimen of use is proper and requests that the partial Section 1 and 45 rejections be withdrawn. |
|
| CORRESPONDENCE INFORMATION (current) | |
| NAME | PETER J. IMS |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pims@wck.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | blindstrom@wck.com |
| DOCKET/REFERENCE NUMBER | C106.6000US2 |
| CORRESPONDENCE INFORMATION (proposed) | |
| NAME | Peter J. Ims |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | pims@wck.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | lswaja@wck.com |
| DOCKET/REFERENCE NUMBER | C106.6000US2 |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /Peter J. Ims/ |
| SIGNATORY'S NAME | Peter J. Ims |
| SIGNATORY'S POSITION | Attorney of Record, Minnesota Bar Member |
| SIGNATORY'S PHONE NUMBER | 612-334-3222 |
| DATE SIGNED | 03/23/2021 |
| ROLE OF AUTHORIZED SIGNATORY | Authorized U.S.-Licensed Attorney |
| SIGNATURE METHOD | Sent to third party for signature |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Tue Mar 23 14:57:05 ET 2021 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20210323145705866238-9000 6149-770b36624ed36ca3248a 722221cfe8ff41adadd6d3c16 8f49f542d6c8d2c4ca3-N/A-N /A-20210323140115366802 |
| 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 |
This is responsive to an Office Action sent on September 24, 2021. In the Office Action, the present application was rejected under Section 2(d).
Applicant submits that US Registration No. 6078423 and the present application are owned by the same entity, Caliber, Inc. Applicant will be submitting a petition under TMEP 1201.02(c)(7) to correct the ownership of the ‘423 registration, which should obviate the Section 2(d) refusal.
Next, it was alleged that the specimen does not show use with the identified goods because it was alleged that the recites are in multiple classes which caused the rejection of the specimen. Applicant respectfully requests that the request to amended the identification of goods be reconsidered and that the partial Section 1 and 45 rejections be withdrawn.
Applicant’s attorney spent a significant amount of time with Examining Attorney Hesik in amending the goods in the application that resulted in the ‘423 registration. Applicant believes that the goods as presented are accurate and in the correct International Class. Applicant invites Examining Attorney Toy to view Applicant’s goods at www.caliberproductsinc.com. As such, Applicant submits that specimen of use is proper and requests that the partial Section 1 and 45 rejections be withdrawn.