Response to Office Action

DIRAK

DIRAK DIETER RAMSAUER KONSTRUKTIONSELEMENTE GMBH

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76319531
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 006
DESCRIPTION
Ironmongery and small items of metal hardware, namely, screws, nuts, bolts, pins, rivets, retaining rings, washers, serrated washers, rollers, bushings, springs; door fittings of metal, namely, door hinges, door handles; fittings of metal for sheet metal cabinets, namely, hinges, handles; non - electric locks of metal, namely, box-type bolt locks, bar locks, slam locks, snap locks, pad locks, bolts for locks; metal quick closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal snap closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal; metal swing-handle closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, ball catches of metal, metal bridge clamp closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal slam latch closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal turn tension closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal bar closures for sheet metal cabinets; hinges of metal, namely, clamped on hinges, concealed hinges, screw on hinges, profile type hinges, hinges for serial cabinets, weld-on strip-roll hinges, hinges with bushings, 3-dimensional hinges for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks, knob handles of metal for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; door handles of metal for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; molds of metal; metal accessories, namely, key hole covers, keys, swing handles for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; lock profile cylinders, spring latches, door catches, lid supports for covers and doors for sheet metal cabinets, protection windows, handles for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; finger cups in the nature of handles; non-mechanical machine handles; push latches, tongues for latches, turn latches, locking bars, bar guides, turn tension closures, draw tension bolts, and clip-turn-bolts
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 30121556.1
        FOREIGN APPLICATION COUNTRY NAME DE
        FOREIGN FILING DATE 04/02/2001
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 30121556
        FOREIGN REGISTRATION COUNTRY NAME DE
        FOREIGN REGISTRATION DATE 09/24/2001
        FOREIGN EXPIRATION DATE 04/30/2011
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 006
DESCRIPTION
Ironmongery and small items of metal hardware, namely, screws, nuts, bolts, pins, rivets, retaining rings, washers, serrated washers, rollers, bushings, and springs; door fittings of metal, namely, door hinges and door handles; fittings of metal for sheet metal cabinets, namely, hinges and handles; non - electric locks of metal, namely, box-type bolt locks, bar locks, slam locks, snap locks, pad locks, and bolts for locks; metal quick closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal snap closures for use on containers and metal cabinets; window and doorcovers, and metal protection windows; metal swing-handle closures for use on containers and metal cabinets; window and door covers, and metal protection windows; ball catches of metal; metal bridge clamp closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal slam latch closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal turn tension closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal bar closures for sheet metal cabinets; hinges of metal, namely, clamped on hinges, concealed hinges, screw on hinges, profile type hinges, hinges for serial cabinets, weld-on strip-roll hinges, hinges with bushings, and 3-dimensional hinges for use on containers and metal cabinets, window and doorcovers, windows, and metal bar locks; knob handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; door handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; molds of metal; metal accessories, namely, key hole covers and keys; metal swing handles for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; metal lock profile cylinders; metal spring latches; metal door catches; metal lid supports for covers and doors of sheet metal cabinets and protection windows; metal handles for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; metal finger cups in the nature of handles; metal non-mechanical machine handles; metal push latches; metal tongues for latches; metal turn latches; metal locking bars; metal bar guides; metal draw tension bolts; and metal clip-turn-bolts
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 30121556.1
        FOREIGN APPLICATION COUNTRY NAME Other
        FOREIGN FILING DATE 04/02/2001
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER 30121556
        FOREIGN REGISTRATION COUNTRY NAME Germany
        FOREIGN REGISTRATION DATE 09/24/2001
        FOREIGN EXPIRATION DATE 04/30/2011
GOODS AND/OR SERVICES SECTION (2nd class)(no change)
GOODS AND/OR SERVICES SECTION (3rd class)(no change)
GOODS AND/OR SERVICES SECTION (4th class)(no change)
GOODS AND/OR SERVICES SECTION (5th class)(current)
INTERNATIONAL CLASS 017
DESCRIPTION
Non-metal seals for use in sealing doors for sheet metal cabinets; plastic composite material in the form of sealing profiles, electromagnetic compatible profiles and clip-on profiles for use in manufacturing
FILING BASIS Section 44(d)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (5th class)(proposed)
INTERNATIONAL CLASS 017
DESCRIPTION
Non-metal seals for use in sealing doors for sheet metal cabinets; plastic composite material in the form of sealing profiles, electromagnetic compatible profiles and clip-on profiles for use in manufacturing; rubber profiles for sealing doors and windows in their frames; rubber clip-on profiles for sealing doors and windows in frames with extended edges
FILING BASIS Section 44(d)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (6th class)(current)
INTERNATIONAL CLASS 020
DESCRIPTION
Locks, not of metal; non-metal closures for use on containers, metal cabinets, casings for doors, covers and protection windows made from metal; hinges, not of metal, namely, plastic hinges, hinges with polyamide bushings; non-metal finger cups in the nature of handles; non-mechanic, non-metal machine handles; non-metal accessories, namely, key hole covers, keys, swing handles for use on doors and door closures, door catches, lid supports for covers; protection windows, bolts, tongues for locks, rotation bolts, locking bars, bar guides, rubber profiles for sealing doors and windows in their frames, clip on profiles for sealing doors and windows in frames with extended edges, and edge protection profiles use on the edge of thin walls; non-metal grip handles
FILING BASIS Section 44(d)
FILING BASIS Section 44(e)
GOODS AND/OR SERVICES SECTION (6th class)(proposed)
INTERNATIONAL CLASS 020
DESCRIPTION
Locks, not of metal; non-metal closures for use on containers and metal cabinets; window and door covers and metal protection windows; hinges, not of metal, namely, plastic hinges, hinges with polyamide bushings; non-metal finger cups in the nature of handles; non-mechanic, non-metal machine handles; non-metal accessories, namely, key hole covers, keys, swing handles for use on doors and door closures, door catches, lid supports for window and door covers; protection windows, bolts, tongues for locks, rotation bolts, locking bars, bar guides, non-metal edge protection profiles used on the edge of thin walls; non-metal grip handles for hand-operated tools
FILING BASIS Section 44(d)
FILING BASIS Section 44(e)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant notes that it has simultaneously filed a Notice of Appeal with the Trademark Trial and Appeal Board in order to preserve Applicant’s right to appeal the Examiner’s decision regarding the instant application as the office action to which Applicant is responding was made final.
SIGNATURE SECTION
RESPONSE SIGNATURE /Meredith D. Pikser/
SIGNATORY NAME Meredith D. Pikser
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 05/25/2005
FILING INFORMATION SECTION
SUBMIT DATE Wed May 25 16:51:53 EDT 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200505
25165153296193-76319531-2
00a17974fdbe4f1d9a7ef9b94
ce58a7e36-N-N-20050525165
055162165



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76319531 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 006 for Ironmongery and small items of metal hardware, namely, screws, nuts, bolts, pins, rivets, retaining rings, washers, serrated washers, rollers, bushings, springs; door fittings of metal, namely, door hinges, door handles; fittings of metal for sheet metal cabinets, namely, hinges, handles; non - electric locks of metal, namely, box-type bolt locks, bar locks, slam locks, snap locks, pad locks, bolts for locks; metal quick closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal snap closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal; metal swing-handle closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, ball catches of metal, metal bridge clamp closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal slam latch closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal turn tension closures for use on containers, metal cabinets, casings for doors; covers and protection windows made from metal, metal bar closures for sheet metal cabinets; hinges of metal, namely, clamped on hinges, concealed hinges, screw on hinges, profile type hinges, hinges for serial cabinets, weld-on strip-roll hinges, hinges with bushings, 3-dimensional hinges for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks, knob handles of metal for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; door handles of metal for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; molds of metal; metal accessories, namely, key hole covers, keys, swing handles for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; lock profile cylinders, spring latches, door catches, lid supports for covers and doors for sheet metal cabinets, protection windows, handles for use on containers, metal cabinets, casings for doors, covers and windows and metal bar locks; finger cups in the nature of handles; non-mechanical machine handles; push latches, tongues for latches, turn latches, locking bars, bar guides, turn tension closures, draw tension bolts, and clip-turn-bolts
Original Filing Basis: 44(d); and/or 44(e).
Proposed: Class 006 for Ironmongery and small items of metal hardware, namely, screws, nuts, bolts, pins, rivets, retaining rings, washers, serrated washers, rollers, bushings, and springs; door fittings of metal, namely, door hinges and door handles; fittings of metal for sheet metal cabinets, namely, hinges and handles; non - electric locks of metal, namely, box-type bolt locks, bar locks, slam locks, snap locks, pad locks, and bolts for locks; metal quick closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal snap closures for use on containers and metal cabinets; window and doorcovers, and metal protection windows; metal swing-handle closures for use on containers and metal cabinets; window and door covers, and metal protection windows; ball catches of metal; metal bridge clamp closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal slam latch closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal turn tension closures for use on containers and metal cabinets; window and door covers, and metal protection windows; metal bar closures for sheet metal cabinets; hinges of metal, namely, clamped on hinges, concealed hinges, screw on hinges, profile type hinges, hinges for serial cabinets, weld-on strip-roll hinges, hinges with bushings, and 3-dimensional hinges for use on containers and metal cabinets, window and doorcovers, windows, and metal bar locks; knob handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; door handles of metal for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; molds of metal; metal accessories, namely, key hole covers and keys; metal swing handles for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; metal lock profile cylinders; metal spring latches; metal door catches; metal lid supports for covers and doors of sheet metal cabinets and protection windows; metal handles for use on containers and metal cabinets, window and door covers, windows, and metal bar locks; metal finger cups in the nature of handles; metal non-mechanical machine handles; metal push latches; metal tongues for latches; metal turn latches; metal locking bars; metal bar guides; metal draw tension bolts; and metal clip-turn-bolts
Section 44(d) Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Other application number 30121556.1 filed 04/02/2001]. 15 U.S.C.Section 1126(d), as amended.
        
Section 44(e) Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and will submit a copy of [ Germany registration number 30121556 registered 09/24/2001 with a renewal date of __________ and an expiration date of 04/30/2011 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 017 for Non-metal seals for use in sealing doors for sheet metal cabinets; plastic composite material in the form of sealing profiles, electromagnetic compatible profiles and clip-on profiles for use in manufacturing
Original Filing Basis: 44(d); and/or 44(e).
Proposed: Class 017 for Non-metal seals for use in sealing doors for sheet metal cabinets; plastic composite material in the form of sealing profiles, electromagnetic compatible profiles and clip-on profiles for use in manufacturing; rubber profiles for sealing doors and windows in their frames; rubber clip-on profiles for sealing doors and windows in frames with extended edges
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 020 for Locks, not of metal; non-metal closures for use on containers, metal cabinets, casings for doors, covers and protection windows made from metal; hinges, not of metal, namely, plastic hinges, hinges with polyamide bushings; non-metal finger cups in the nature of handles; non-mechanic, non-metal machine handles; non-metal accessories, namely, key hole covers, keys, swing handles for use on doors and door closures, door catches, lid supports for covers; protection windows, bolts, tongues for locks, rotation bolts, locking bars, bar guides, rubber profiles for sealing doors and windows in their frames, clip on profiles for sealing doors and windows in frames with extended edges, and edge protection profiles use on the edge of thin walls; non-metal grip handles
Original Filing Basis: 44(d); and/or 44(e).
Proposed: Class 020 for Locks, not of metal; non-metal closures for use on containers and metal cabinets; window and door covers and metal protection windows; hinges, not of metal, namely, plastic hinges, hinges with polyamide bushings; non-metal finger cups in the nature of handles; non-mechanic, non-metal machine handles; non-metal accessories, namely, key hole covers, keys, swing handles for use on doors and door closures, door catches, lid supports for window and door covers; protection windows, bolts, tongues for locks, rotation bolts, locking bars, bar guides, non-metal edge protection profiles used on the edge of thin walls; non-metal grip handles for hand-operated tools
 
Additional Statements
Applicant notes that it has simultaneously filed a Notice of Appeal with the Trademark Trial and Appeal Board in order to preserve Applicant’s right to appeal the Examiner’s decision regarding the instant application as the office action to which Applicant is responding was made final.
        
Response Signature
        
Signature: /Meredith D. Pikser/     Date: 05/25/2005
Signatory's Name: Meredith D. Pikser
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76319531
Internet Transmission Date: Wed May 25 16:51:53 EDT 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050525165153296193-
76319531-200a17974fdbe4f1d9a7ef9b94ce58a
7e36-N-N-20050525165055162165




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