Kirk Key Interlock Company, LLC
Metal locks, metal padlocks, and keys therefor
United States Patent and Trademark Office (USPTO)
Office Action Response
Outgoing Trademark Office Action
Trademark Office Action Response
PTO Form 1957 (Rev 9/2005)
OMB NO 0.6510050 (Exp 04/2009)
Response to Office Action
Textform with Handwritten Signature
To the Commissioner for Trademarks:
Application serial no. 77750055 (Stylized and/or with Design, see mark) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Locks, including, without limitation, interlocks, key interlocks, padlocks, and
key interlock systems
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
identi?ed goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was ?rst used at
least as early as 12/01/2008 and ?rst used in commerce at least as early as 12/01/2008, and is now in use
in such commerce.
Proposed:
Tracked Text Description: i .v; when: . ,. . .
and Lev hat-crlr.gl; vtn’idenm; Metal locksgmetal padlocks,,and keys therefor
Class 006 for Metal locks, metal padlocks, and keys therefor
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
identi?ed goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was ?rst used at
least as early as 12/01/2008 and ?rst used in commerce at least as early as 12/01/2008, and is now in use
in such commerce.
Applicant hereby submits a new specimen for Class 006. The specimen(s) submitted consists of
Digitially photographed picture of closed packaging displaying trademark; digitially photographed
picture of open packaging displaying trademark; digitally photographed picture of display.
“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”[f0r an application based on Section 1(a). Use in Commerce] ()R
“The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to
the ?ling of the Amendment to Allege Use or expiration of the filing deadline for ?ling a Statement
of Use’I [for an application based on Section 1 (b) Infenlto Use].
Specimen-l [SPUO-20416956l-l10325009; KKIC Boxes Photo 1.JPG]
Specimen2 [SPUO20416956ll 10325009_._KKIC_Boxes_-_Ph0t0_2.JPG ]
Specimen-3 [SPUO-204l6956l-110325009_._KKIC_Booth.jpg ]
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SINCE 1932 apart from the mark as shown.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section l(b) and/or Section 44 of the Trademark Act, the
applicant has had a bona ?de intention to use or use through the applicant’s related company or licensee
the mark in commerce on or in connection with the identi?ed goods and/or services as of the ?ling date
of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant
has had a bona ?de intention to exercise legitimate control over the use of the mark in commerce by its
members. 37 CF. R. Sec. 2.44. Ifthe applicant is seeking registration under Section 1(a) of the
Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services
listed in the application as of the application ?ling date or as of the date of any submitted allegation of
use. 37 CPR. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of
the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that
willful false statements and the like so made are punishable by ?ne or imprisonment, or both, under 18
U.S.C. SectionlOOl, and that such willful false statements may jeopardize the validity of the application
or any resulting registration, declares that he/she is properly authorized to execute this application on
behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark
sought to be registered, or, if the application is being ?led under 15 U.S.C. Section1051(b), he/she
believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and
belief no other person, ?rm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in
connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to
deceive; that if the original application was submitted unsigned, that all statements in the original
application and this submission made of the declaration signers knowledge are true; and all statements
in the original application and this submission made on information and belief are believed to be true.
Signature Seegion:
J
Signature: 415/34 L/ .
Signatory’s Name: Eco 77 ,4 0 /F5
Signatory’s Position: may,
Date Signed: OZ/ZZ/ZU/O
NOTE TO APPLICANT: When ?led as part of the electronic form (i.e., scanned and attached as an
image ?le), the signature page must include both the signature information and the boilerplate
declaration language. Do not include the entire application, but do ensure that the boilerplate declaration
language actually appears; a signature by itselfwill not be acceptable. If, due to browser limitations, the
boilerplate declaration language appears on a previous page when printed, you must “merge” the
declaration and signature block onto a single page prior to signing, so that the one complete page can be
scanned to create an acceptable image ?le. It is recommended that you copyandpaste the entire text
form into another document, manipulate the spacing there to move the declaration and signature section
to a separate page, and then print this new version of the text form to send to the signatory.
PTO Form 1957 (Rev 9/2005)
OMB NO 0.6510050 (Exp 04/2009)
Response to Office Action
Textform with Handwritten Signature
To the Commissioner for Trademarks:
Application serial no. 77750055 (Stylized and/or with Design, see mark) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Locks, including, without limitation, interlocks, key interlocks, padlocks, and
key interlock systems
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
identi?ed goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was ?rst used at
least as early as 12/01/2008 and ?rst used in commerce at least as early as 12/01/2008, and is now in use
in such commerce.
Proposed:
Tracked Text Description: i .v; when: . ,. . .
and Lev hat-crlr.gl; vtn’idenm; Metal locksgmetal padlocks,,and keys therefor
Class 006 for Metal locks, metal padlocks, and keys therefor
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
identi?ed goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was ?rst used at
least as early as 12/01/2008 and ?rst used in commerce at least as early as 12/01/2008, and is now in use
in such commerce.
Applicant hereby submits a new specimen for Class 006. The specimen(s) submitted consists of
Digitially photographed picture of closed packaging displaying trademark; digitially photographed
picture of open packaging displaying trademark; digitally photographed picture of display.
“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”[f0r an application based on Section 1(a). Use in Commerce] ()R
“The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to
the ?ling of the Amendment to Allege Use or expiration of the filing deadline for ?ling a Statement
of Use’I [for an application based on Section 1 (b) Infenlto Use].
Specimen-l [SPUO-20416956l-l10325009; KKIC Boxes Photo 1.JPG]
Specimen2 [SPUO20416956ll 10325009_._KKIC_Boxes_-_Ph0t0_2.JPG ]
Specimen-3 [SPUO-204l6956l-110325009_._KKIC_Booth.jpg ]
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SINCE 1932 apart from the mark as shown.
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section l(b) and/or Section 44 of the Trademark Act, the
applicant has had a bona ?de intention to use or use through the applicant’s related company or licensee
the mark in commerce on or in connection with the identi?ed goods and/or services as of the ?ling date
of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant
has had a bona ?de intention to exercise legitimate control over the use of the mark in commerce by its
members. 37 CF. R. Sec. 2.44. Ifthe applicant is seeking registration under Section 1(a) of the
Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services
listed in the application as of the application ?ling date or as of the date of any submitted allegation of
use. 37 CPR. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of
the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that
willful false statements and the like so made are punishable by ?ne or imprisonment, or both, under 18
U.S.C. SectionlOOl, and that such willful false statements may jeopardize the validity of the application
or any resulting registration, declares that he/she is properly authorized to execute this application on
behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark
sought to be registered, or, if the application is being ?led under 15 U.S.C. Section1051(b), he/she
believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and
belief no other person, ?rm, corporation, or association has the right to use the mark in commerce, either
in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in
connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to
deceive; that if the original application was submitted unsigned, that all statements in the original
application and this submission made of the declaration signers knowledge are true; and all statements
in the original application and this submission made on information and belief are believed to be true.
Signature Seegion:
J
Signature: 415/34 L/ .
Signatory’s Name: Eco 77 ,4 0 /F5
Signatory’s Position: may,
Date Signed: OZ/ZZ/ZU/O
NOTE TO APPLICANT: When ?led as part of the electronic form (i.e., scanned and attached as an
image ?le), the signature page must include both the signature information and the boilerplate
declaration language. Do not include the entire application, but do ensure that the boilerplate declaration
language actually appears; a signature by itselfwill not be acceptable. If, due to browser limitations, the
boilerplate declaration language appears on a previous page when printed, you must “merge” the
declaration and signature block onto a single page prior to signing, so that the one complete page can be
scanned to create an acceptable image ?le. It is recommended that you copyandpaste the entire text
form into another document, manipulate the spacing there to move the declaration and signature section
to a separate page, and then print this new version of the text form to send to the signatory.