Response to Office Action

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

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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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90175502 LEVANTO (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9017550 2/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Pneumatic tyres; Wheels, Tires for vehicle wheels, Valves for vehicle tires; Vehicle accessories, namely, trailer hitches, rooftop carriers, ski carriers, Mudguards, Anti-skid chains, Windscreens, Head rests, Safety belts for vehicle seats, Safety seats for children, for vehicles; Bicycle accessories, namely, dress guards for bicycles, luggage carriers for bicycles, bells, air pumps; Treads for retreading tires; Tire patches; Sports cars; Go-carts; Kart frames; Go-kart engines; Propulsion and transmission mechanisms for go-carts; Transmission chains, pinions and transmission rings for go-carts; Torque converters for go-carts; Gears for go-carts; Couplings for go-carts; Transmission shafts for go-carts; Axles for go-carts; Connecting rods for go-carts; Gear boxes for go-carts; Housings for go-carts; Brakes for go-carts; Petrol tanks for go-carts; Suspension shock absorbers for go-carts; Shock absorbing springs for go-carts; Go-cart seats; Bucket seats for go-carts; Steering wheels for go-carts; Safety harness for go-carts; Covers for go-carts; Wheels for go-carts; Wheel rims for go-carts; Pneumatic tyres for go-carts; Inner tubes for pneumatic tyres for go-carts; Air pumps for go-carts; Mudguards for go-carts; Windscreens for go-carts; Bumpers for go-carts; Bodywork elements, namely, pontoons, spoilers, front panels, engine covers for go-karts; Hub caps for go-carts; Powered vehicles for use on land; Parts and fittings for vehicles; Engines for land vehicles; Brakes for land vehicles; Petrol caps for vehicles; Shock absorbing springs for vehicles; Suspension shock absorbers for vehicles; Framing for land vehicles; Vehicle seats; Tyres for land vehicles; Casings for pneumatic tyres; Non-skid devices for vehicle tyres; Tyres for vehicle wheels; Rims for vehicle wheels; Valves for vehicle tyres; Transmission chains for land vehicles; Chainwheels for land vehicles; Luggage nets for vehicles; Seat covers for vehicles; Air bags; Anti-theft devices for vehicles; Horns for vehicles; Anti-theft warning apparatus for motor cars; Mud guards; Signal arms for vehicles; Luggage carriers for vehicles; Brake pedals for land vehicles; Rearview mirrors; Linings for vehicles
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 18288944 filed 08/13/2020]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Pneumatic tyres; Wheels, Tires for vehicle wheels, Valves for vehicle tires; Vehicle accessories, namely, trailer hitches, rooftop carriers, ski carriers, Mudguards, Anti-skid chains, Windscreens, Head rests, Safety belts for vehicle seats, Safety seats for children, for vehicles; Bicycle accessories, namely, dress guards for bicycles, luggage carriers for bicycles, bells, air pumps; Treads for retreading tires; Tire patches; Sports cars; Go-carts; Kart frames; go-kart frames; Go-kart engines; Propulsion and transmission mechanisms for go-carts; Transmission chains, pinions and transmission rings for go-carts; Torque converters for go-carts; Gears for go-carts; Couplings for go-carts; Transmission shafts for go-carts; Axles for go-carts; Connecting rods for go-carts; Connecting rods for go-carts other than parts for motors or engines; Gear boxes for go-carts; Housings for go-carts; Brakes for go-carts; Petrol tanks for go-carts; Suspension shock absorbers for go-carts; Shock absorbing springs for go-carts; Go-cart seats; Bucket seats for go-carts; Steering wheels for go-carts; Safety harness for go-carts; Covers for go-carts; Covers for go-carts, fitted; Wheels for go-carts; Wheel rims for go-carts; Pneumatic tyres for go-carts; Inner tubes for pneumatic tyres for go-carts; Air pumps for go-carts; Mudguards for go-carts; Windscreens for go-carts; Bumpers for go-carts; Bodywork elements, namely, pontoons, spoilers, front panels, engine covers for go-karts; Hub caps for go-carts; Powered vehicles for use on land; Parts and fittings for vehicles; Parts and fittings for vehicles, namely, automotive exterior and interior metal decorative, protective trim and fitted covers for vehicles; Engines for land vehicles; Brakes for land vehicles; Petrol caps for vehicles; Shock absorbing springs for vehicles; Suspension shock absorbers for vehicles; Framing for land vehicles; Vehicle seats; Tyres for land vehicles; Casings for pneumatic tyres; Non-skid devices for vehicle tyres; Non-skid devices for vehicle tyres, namely, non-skid chains, non-skid studs; Tyres for vehicle wheels; Rims for vehicle wheels; Valves for vehicle tyres; Transmission chains for land vehicles; Chainwheels for land vehicles; Luggage nets for vehicles; Seat covers for vehicles; Seat covers for vehicles, fitted; Air bags; Anti-theft devices for vehicles; Horns for vehicles; Anti-theft warning apparatus for motor cars; Mud guards; Signal arms for vehicles; Luggage carriers for vehicles; Brake pedals for land vehicles; Rearview mirrors; Linings for vehicles; Linings for vehicles, namely, brake linings for vehicles.Class 012 for Pneumatic tyres; Wheels, Tires for vehicle wheels, Valves for vehicle tires; Vehicle accessories, namely, trailer hitches, rooftop carriers, ski carriers, Mudguards, Anti-skid chains, Windscreens, Head rests, Safety belts for vehicle seats, Safety seats for children, for vehicles; Bicycle accessories, namely, dress guards for bicycles, luggage carriers for bicycles, bells, air pumps; Treads for retreading tires; Tire patches; Sports cars; Go-carts; go-kart frames; Go-kart engines; Propulsion and transmission mechanisms for go-carts; Transmission chains, pinions and transmission rings for go-carts; Torque converters for go-carts; Gears for go-carts; Couplings for go-carts; Transmission shafts for go-carts; Axles for go-carts; Connecting rods for go-carts other than parts for motors or engines; Gear boxes for go-carts; Housings for go-carts; Brakes for go-carts; Petrol tanks for go-carts; Suspension shock absorbers for go-carts; Shock absorbing springs for go-carts; Go-cart seats; Bucket seats for go-carts; Steering wheels for go-carts; Safety harness for go-carts; Covers for go-carts, fitted; Wheels for go-carts; Wheel rims for go-carts; Pneumatic tyres for go-carts; Inner tubes for pneumatic tyres for go-carts; Air pumps for go-carts; Mudguards for go-carts; Windscreens for go-carts; Bumpers for go-carts; Bodywork elements, namely, pontoons, spoilers, front panels, engine covers for go-karts; Hub caps for go-carts; Powered vehicles for use on land; Parts and fittings for vehicles, namely, automotive exterior and interior metal decorative, protective trim and fitted covers for vehicles; Engines for land vehicles; Brakes for land vehicles; Petrol caps for vehicles; Shock absorbing springs for vehicles; Suspension shock absorbers for vehicles; Framing for land vehicles; Vehicle seats; Tyres for land vehicles; Casings for pneumatic tyres; Non-skid devices for vehicle tyres, namely, non-skid chains, non-skid studs; Tyres for vehicle wheels; Rims for vehicle wheels; Valves for vehicle tyres; Transmission chains for land vehicles; Chainwheels for land vehicles; Luggage nets for vehicles; Seat covers for vehicles, fitted; Air bags; Anti-theft devices for vehicles; Horns for vehicles; Anti-theft warning apparatus for motor cars; Mud guards; Signal arms for vehicles; Luggage carriers for vehicles; Brake pedals for land vehicles; Rearview mirrors; Linings for vehicles, namely, brake linings for vehicles.
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 18288944 filed 08/13/2020]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018288944 registered 01/08/2021 with a renewal date of 08/13/2030 and an expiration date of 08/13/2030 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-1729024255-010634758 _._EU_Certificate.pdf
Converted PDF file(s) ( 9 pages) Foreign Registration-1Foreign Registration-2Foreign Registration-3Foreign Registration-4Foreign Registration-5Foreign Registration-6Foreign Registration-7Foreign Registration-8Foreign Registration-9

ADDITIONAL STATEMENTS
Miscellaneous Statement
If the Examiner accepts the 44(e) basis, then the Applicant request that the section 1(b) filing basis be deleted.

Correspondence Information (current):
      Robyn Morris
      PRIMARY EMAIL FOR CORRESPONDENCE: robyn@seiterlegalstudio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kiran@seiterlegalstudio.com; mail@seiterlegalstudio.com; marni@seiterlegalstudio.com
Correspondence Information (proposed):
      Robyn Morris
      PRIMARY EMAIL FOR CORRESPONDENCE: robyn@seiterlegalstudio.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kiran@seiterlegalstudio.com; mail@seiterlegalstudio.com; marni@seiterlegalstudio.com

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

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: /rm/      Date: 06/07/2021
Signatory's Name: Robyn Morris
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: 310-321-8187

Signature method: Signed directly within the form

Response Signature
Signature: /rm/     Date: 06/07/2021
Signatory's Name: Robyn Morris
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 310-321-8187 Signature method: Signed directly within the form

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Robyn Morris
   SEITER LEGAL STUDIO
   
   2450 Colorado Ave., Suite 100E
   SANTA MONICA, California 90404
Mailing Address:    Robyn Morris
   SEITER LEGAL STUDIO
   2450 Colorado Ave., Suite 100E
   SANTA MONICA, California 90404
        
Serial Number: 90175502
Internet Transmission Date: Tue Jun 08 02:05:50 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2021060802055029
3910-90175502-7806f6798c64be983ecfc444bd
46d628fddec64f3f9213bedfcb7df2f412186d-N
/A-N/A-20210608010634758416