TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 90026208 ACE(Standard Characters, see http://uspto.report/TM/90026208/mark.png) has been amended as follows:

OTHER REASON
This specimen does not contains "printers marks" and is being submitted because the previous specimen contained "printers marks".
Original PDF file:
OT_2605e000fcc3800c83bed0 cc8be52d1-130254882_._Ace _Eagle_Cover_in_use.pdf
Converted PDF file(s) (1 page)
1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Baseball caps; Baseball caps for golfers and Golf shorts
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020, and is now in use in such commerce.

Proposed: Class 025 for Baseball caps; Baseball caps for golfers and Golf shorts
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 025. The specimen(s) submitted consists of The specimen submitted in the previous file contained "printers marks". The current specimen does not contain "printers marks" and is being submitted to correct the existing problem..
"The substitute (or new, 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, 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].
Original PDF file:
SPU0-2605e000fcc3800c83be d0cc8be52d1-2020101413025 4882469_._Ace_Eagle_Cover _in_use.pdf
Converted PDF file(s) (1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for Board Games, Table Games, Balls for Games, Golf balls; Golf clubs; Golf Gloves, Tennis balls;Tennis rackets; Tennis racquets; Baseball bats; Mens Athletic Supporters, Cases for tennis balls; Covers for golf clubs; Game apparatus, namely, bases, bats, and balls for playing indoor and outdoor games; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, golf t-shirrts, Table tennis balls; Table tennis rackets; Table-tennis balls; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020, and is now in use in such commerce.

Proposed: Class 028 for Board Games, Table Games, Balls for Games, Golf balls; Golf clubs; Golf Gloves, Tennis balls;Tennis rackets; Tennis racquets; Baseball bats; Mens Athletic Supporters, Cases for tennis balls; Covers for golf clubs; Game apparatus, namely, bases, bats, and balls for playing indoor and outdoor games; Game equipment set sold as a unit comprised primarily of a playing board and playing cards and also including rules of play, golf t-shirrts, Table tennis balls; Table tennis rackets; Table-tennis balls; Tennis racquets, baseball bats, cricket bats, golf clubs and hockey sticks
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2020 and first used in commerce at least as early as 06/29/2020, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 028. The specimen(s) submitted consists of Specimen consists of the image on the cover page of a game designed for golfers. It includes the word "ACE" and is being submitted for games and golf balls included in Class 28..
"The substitute (or new, 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, 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].
Original PDF file:
SPU1-2605e000fcc3800c83be d0cc8be52d1-2020101413025 4882469_._Ace_Eagle_Cover _in_use.pdf
Converted PDF file(s) (1 page)
Specimen File1

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [ __________ application number __________ filed __________ ]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Correspondence Information (current):
      DuBarry, Adrian
      PRIMARY EMAIL FOR CORRESPONDENCE: pete@lasvegasperks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      DuBarry, Adrian
      PRIMARY EMAIL FOR CORRESPONDENCE: pete@lasvegasperks.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over use of the mark in commerce as of the application or AAU filing date; 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /AdrianDuBarry/    Date: 10/14/2020
Signatory's Name: Adrian DuBarry
Signatory's Position: Owner
Signatory's Phone Number: 760-393-2047

Response Suspension Inquiry Signature
Signature: /AdrianDuBarry/     Date: 10/14/2020
Signatory's Name: Adrian DuBarry
Signatory's Position: Owner
Signatory's Phone Number: 760-393-2047

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    DuBarry, Adrian
   
   
   49305 Avenida El Nido
   La Quinta, California
Mailing Address:    DuBarry, Adrian
   
   49305 Avenida El Nido
   La Quinta, California 92253
        
Serial Number: 90026208
Internet Transmission Date: Wed Oct 14 13:55:17 ET 2020
TEAS Stamp: USPTO/RSI-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20201014135517577749-90026208-7
50df1a6fe6331aeb9c344171bd538df0201cfbdc
e0a8d41278fa3debbe86b2de7f-N/A-N/A-20201
014130254882469