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. 90282335 MOTO·SKI (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9028233 5/large) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant denies that the originally submitted specimens of use were computer generated; they were as declared actual specimens of use showing the mark as used on the identified goods as sold in commerce. Nonetheless, Applicant is submitting additional specimens of use.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 025 for Beanies; Boardshorts; Footwear; Hats; Pants; Shirts; Shorts; Socks; Sweaters; Sweatshirts; T-shirts; Underwear; Baseball caps and hats; Caps being headwear; Hooded sweatshirts; Jackets; Tank tops
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 07/17/2010 and first used in commerce at least as early as 07/17/2010 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Beanies; Hats; Boardshorts; Shirts; Footwear; Shorts; Sweatshirts; Pants; T-shirts; Socks; Sweaters; Underwear; Baseball caps and hats; Caps being headwear; Hooded sweatshirts; Jackets; Tank topsClass 025 for Hats; Shirts; Shorts; Sweatshirts; T-shirts
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 07/17/2010 and first used in commerce at least as early as 07/17/2010 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of Specimens 1 and 2 are photgraphs of Applicants identified goods showing the mark directly applied to the goods. Specimen 3 is a printout from Applicant's website showing the mark directly applied to the goods..
"The substitute (or new, or originally submitted, 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, or originally submitted, 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]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2


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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Malibu Shirts, Inc., a corporation of California, having an address of
      806 Calle Plano
      Camarillo, California 93012
      United States
      Email Address: XXXX
      805-384-9822
Proposed: Malibu Shirts, Inc., a corporation of California, having an address of
      4760 Calle Quetzal
      Camarillo, California 93012
      United States
      Email Address: XXXX
      

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant believes the Application is now in condition for approval.

Correspondence Information (current):
      Angela Small Booth
      PRIMARY EMAIL FOR CORRESPONDENCE: angie@angiesmall.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Angela Small Booth
      PRIMARY EMAIL FOR CORRESPONDENCE: angie@angiesmall.org
      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 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: /Angela Small Booth/      Date: 09/30/2021
Signatory's Name: Angela Small Booth
Signatory's Position: Attorney of Record, California Bar Member
Signatory's Phone Number: 805-765-5413

Signature method: Signed directly within the form

Response Signature
Signature: /Angela Small Booth/     Date: 09/30/2021
Signatory's Name: Angela Small Booth
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 805-765-5413 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:    Angela Small Booth
   Law Offices of Angela Small Booth
   
   143 Figueroa Street, Suite 14
   Ventura, California 93001
Mailing Address:    Angela Small Booth
   Law Offices of Angela Small Booth
   143 Figueroa Street, Suite 14
   Ventura, California 93001
        
Serial Number: 90282335
Internet Transmission Date: Thu Sep 30 19:13:44 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20210930191344685281-90282335-7
815a82a9c120f8ff47e8df40ef40a3caa598ba4e
8f5bee0ec9bb46f3fac8b548-N/A-N/A-2021093
0190313911056