Response to Office Action

CLARKE

CLARKE INTERNATIONAL INC.

Response to Office Action

PTO Form 1966 (Rev 9/2002)
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 76409824
MARK SECTION (no change)
ARGUMENT(S)
The Section 2(d) refusal is traversed in light of the amended recitation of the goods. Specifically, the multi-tools have been deleted from the recitation of the services, thus obviating the Examiner's objection regarding the alleged relationship of such multi-tools with pocket knives (which is the subject of the cited registration). Also, the pipe threading kits have been deleted from the recitation of the services, thus obviating the Examiner's objection regarding the alleged indefiniteness. Thus, registration of the mark to the applicant herein is appropriate.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 008
DESCRIPTION
hand tools, namely, socket sets, end wrenches, ratchet sets, torque wrenches, Allen key sets, adjustable wrenches, ball joint removers, hydraulic puller sets, gear puller sets, automotive pipe benders, hammers, dent pullers, pliers, tin snips, pipe wrenches, pipe cutters, hose cutters, cable cutters, pipe threading kit, wire cutter/strippers, screwdrivers, tap and die sets, metal files, hacksaws, punch and chisel sets, chisels, pry bars, chisels, clamps, multi-tools, tile cutters, cold chisels, and punches
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 008
DESCRIPTION
hand tools, namely, socket sets, end wrenches, ratchet sets, torque wrenches, Allen key sets, adjustable wrenches, ball joint removers, hydraulic puller sets, gear puller sets, automotive pipe benders, hammers, dent pullers, pliers, tin snips, pipe wrenches, pipe cutters, hose cutters, cable cutters, wire cutter/strippers, screwdrivers, tap and die sets, metal files, hacksaws, punch and chisel sets, chisels, pry bars, chisels, clamps, tile cutters, cold chisels, and punches
FILING BASIS Section 1(b)
SIGNATURE SECTION
SIGNATURE /richardsmacmillan/
SIGNATORY NAME Richard S. MacMillan
SIGNATORY POSITION Attorney for Applicant
SIGNATORY DATE 02/11/2004
FILING INFORMATION SECTION
SUBMIT DATE Wed Feb 11 13:25:54 EST 2004
TEAS STAMP USPTO/OA-XXXXXXXXXXX-2004
0211132554011068-76409824
-2001ee99fbfe2d46a4c35b13
3379807a19-N-N-2004021113
2446565321



PTO Form 1966 (Rev 9/2002)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76409824 is amended as follows:    
        
Argument(s)
In response to the substantive refusal(s), please note the following:
The Section 2(d) refusal is traversed in light of the amended recitation of the goods. Specifically, the multi-tools have been deleted from the recitation of the services, thus obviating the Examiner's objection regarding the alleged relationship of such multi-tools with pocket knives (which is the subject of the cited registration). Also, the pipe threading kits have been deleted from the recitation of the services, thus obviating the Examiner's objection regarding the alleged indefiniteness. Thus, registration of the mark to the applicant herein is appropriate.
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 008 for hand tools, namely, socket sets, end wrenches, ratchet sets, torque wrenches, Allen key sets, adjustable wrenches, ball joint removers, hydraulic puller sets, gear puller sets, automotive pipe benders, hammers, dent pullers, pliers, tin snips, pipe wrenches, pipe cutters, hose cutters, cable cutters, pipe threading kit, wire cutter/strippers, screwdrivers, tap and die sets, metal files, hacksaws, punch and chisel sets, chisels, pry bars, chisels, clamps, multi-tools, tile cutters, cold chisels, and punches
Original Filing Basis: 1(b).
Proposed: Class 008 for hand tools, namely, socket sets, end wrenches, ratchet sets, torque wrenches, Allen key sets, adjustable wrenches, ball joint removers, hydraulic puller sets, gear puller sets, automotive pipe benders, hammers, dent pullers, pliers, tin snips, pipe wrenches, pipe cutters, hose cutters, cable cutters, wire cutter/strippers, screwdrivers, tap and die sets, metal files, hacksaws, punch and chisel sets, chisels, pry bars, chisels, clamps, tile cutters, cold chisels, and punches
        
Response Signature
        
Signature: /richardsmacmillan/     Date: 02/11/2004
Signatory's Name: Richard S. MacMillan
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76409824
Internet Transmission Date: Wed Feb 11 13:25:54 EST 2004
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2004021113255401106
8-76409824-2001ee99fbfe2d46a4c35b1333798
07a19-N-N-20040211132446565321




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