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. 90373875 ACTIVA(Standard Characters, see http://uspto.report/TM/90373875/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 028 for Paddleboards; Paddleboard fins; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Deck grips for sports equipment boards, namely, paddleboards; Traction pads for sports equipment boards, namely, paddleboards; Inflatable pool toys; Inflatable inner tubes for aquatic recreational use; Inflatable float mattresses or pads for recreational use; Inflatable beach balls; Pool and beach floatation devices and boards; Water wings
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: Paddleboards; Paddleboard fins; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Deck grips for sports equipment boards, namely, paddleboards; Traction pads for sports equipment boards, namely, paddleboards; Inflatable pool toys; Inflatable inner tubes for aquatic recreational use; Inflatable float mattresses or pads for recreational use; Inflatable beach balls; Pool and beach floatation devices and boards; Pool and beach floatation noodles for water recreation purposes; Pool and beach boards used in the practice of water sports; Water wingsClass 028 for Paddleboards; Paddleboard fins; Stand-up paddleboard carrying straps sold as a unit with the paddleboard; Deck grips for sports equipment boards, namely, paddleboards; Traction pads for sports equipment boards, namely, paddleboards; Inflatable pool toys; Inflatable inner tubes for aquatic recreational use; Inflatable float mattresses or pads for recreational use; Inflatable beach balls; Pool and beach floatation noodles for water recreation purposes; Pool and beach boards used in the practice of water sports; Water wings
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


Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Protection and safety apparatus, namely, pool and beach flotation devices and boards
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

Correspondence Information (current):
      BEN NATTER
      PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.com

The docket/reference number is A199-169.2.
Correspondence Information (proposed):
      Ben Natter
      PRIMARY EMAIL FOR CORRESPONDENCE: bnatter@haugpartners.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@haugpartners.com; kkoemm@haugpartners.com

The docket/reference number is A199-169.2.

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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: //Kyle Koemm//     Date: 05/27/2021
Signatory's Name: Kyle Koemm
Signatory's Position: Attorney of Record, member NY bar
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:    BEN NATTER
   HAUG PARTNERS LLP
   
   745 FIFTH AVE
   NEW YORK, New York 10151
Mailing Address:    Ben Natter
   HAUG PARTNERS LLP
   745 FIFTH AVE
   NEW YORK, New York 10151
        
PAYMENT: 90373875
PAYMENT DATE: 05/27/2021
        
Serial Number: 90373875
Internet Transmission Date: Thu May 27 15:25:00 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20210527152500830
025-90373875-7803568313c47c1106861ed9cfc
c2a88767864fc9e1570f574f98f65522e5b15-CC
-24570338-20210527152240175048