| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
Response to Office Action
The table below presents the data as entered.
| PTO- 1957 |
| Approved for use through 11/30/2023. OMB 0651-0050 |
| 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. |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90655894 ZENITH (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9065589 4/large) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant is deleting from the application the goods that the Office action asserts are the basis for the likelihood of confusion refusal, and Applicant is re-classifying the remaining goods in the
manner suggested by the Office action.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 028 for Climbing equipment for rock climbing or climbing walls, namely, climbing harnesses, climbing ropes, climbing helmets, climbing webbing, climbing apparel, namely climbing shirts,climbing
pants, climbing hats, and climbing jackets, Working at Heights equipment, and climbing shoes
Applicant hereby adds the following class of goods/services to the application:
New: Class 022 (Original Class: 028 ) for Climbing equipment for rock climbing or climbing walls, namely, climbing ropes, climbing synthetic webbing
Filing Basis: Section 1(b), Intent to Use: 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 or 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.
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
Paul D. Tietz,
PRIMARY EMAIL FOR CORRESPONDENCE: stl.ustrademarks@stinson.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kelley.bastunas@stinson.com; william.oneill@stinson.com
The docket/reference number is 3520632.0004.
Correspondence Information (proposed):
Paul D. Tietz,
PRIMARY EMAIL FOR CORRESPONDENCE: stl.ustrademarks@stinson.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kelley.bastunas@stinson.com; william.oneill@stinson.com
The docket/reference number is 3520632.0004.
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)
Response Signature
Signature: /wdo/ Date: 01/13/2023
Signatory's Name: William D. O'Neill
Signatory's Position: Attorney of Record, District of Columbia bar member
Signatory's Phone Number: 3143457009 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: Paul D. Tietz,
STINSON LLP
7700 FORSYTH BLVD., SUITE 1100
ST. LOUIS, Missouri 63105
Mailing Address: Paul D. Tietz,
STINSON LLP
7700 FORSYTH BLVD., SUITE 1100
ST. LOUIS, Missouri 63105
Serial Number: 90655894
Internet Transmission Date: Fri Jan 13 18:02:32 ET 2023
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202301131802329
00518-90655894-850b438ee4c30a3d1c1c9158c
945b72283dfc3464ebceb895f9af1294b39f5ad4
2-N/A-N/A-20230113175336947116