Response to Office Action

EMR

European Metal Recycling Limited

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 76580385
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 006
DESCRIPTION METAL AND METAL PRODUCTS; SCRAP METAL
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 003648607
        FOREIGN APPLICATION COUNTRY NAME EM
        FOREIGN FILING DATE 02/05/2004
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 006
DESCRIPTION
Metal, namely, ferrous and non-ferrous metals and metal alloys for further manufacturing; scrap metal composed primarily of iron, steel, aluminum, copper, titanium and their alloys, for further manufacturing;
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 003648607
        FOREIGN APPLICATION COUNTRY NAME Other
        FOREIGN FILING DATE 02/05/2004
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 039
DESCRIPTION
COLLECTION, CLEARANCE, DISPOSAL AND HANDLING OF INDUSTRIAL AND DOMESTIC WASTE; TRANSPORTATION SERVICES RELATING TO INDUSTRIAL AND DOMESTIC WASTE; CONSULTANCY AND ADVISORY SERVICES RELATING TO ALL THE AFORESAID SERVICES
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 039
DESCRIPTION
Collection and handling of industrial and domestic waste, namely, waste pick-up; transportation of industrial and domestic products and waste; consultancy and advisory services relating to industrial waste, domestic waste, industrial waste management, environmental management, testing services, site investigation, soil and landscape science, and contaminated land;
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
GOODS AND/OR SERVICES SECTION (3rd class)(current)
INTERNATIONAL CLASS 040
DESCRIPTION
RECYCLING AND MATERIAL TREATMENT SERVICES; RECYCLING AND TREATMENT OF WASTE PRODUCTS AND MATERIAL; WASTE PROCESSING SERVICES; WASTE MANAGEMENT SERVICES; CONSULTANCY AND ADVISORY SERVICES RELATING TO ALL THE AFORESAID SERVICES
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
GOODS AND/OR SERVICES SECTION (3rd class)(proposed)
INTERNATIONAL CLASS 040
DESCRIPTION
Recycling services; material treatment services, namely, processing of industrial and domestic waste; recycling and treatment of waste products and material; waste processing services; waste management services; consultancy and advisory services relating to all the aforesaid services;
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 003648607
        FOREIGN APPLICATION COUNTRY NAME European Community
        FOREIGN FILING DATE 02/05/2004
GOODS AND/OR SERVICES SECTION (4th class)(class added)
INTERNATIONAL CLASS 037
DESCRIPTION
Collection and handling of industrial and domestic waste, namely, industrial and domestic waste clean-up; clearance, namely destruction and removal of industrial and domestic waste products; disposal, namely disposal of industrial and domestic waste and materials; consultancy and advisory services relating to industrial and domestic waste clean-up and disposal;
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 003648607
        FOREIGN APPLICATION COUNTRY NAME European Community
        FOREIGN FILING DATE 02/05/2004
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant would like to maintain both the 1(b) and 44(d) basis for registration.
PAYMENT SECTION
NUMBER OF CLASSES 1
FEE PER CLASS 325
TOTAL FEES DUE 325
SIGNATURE SECTION
DECLARATION SIGNATURE /knr/
SIGNATORY NAME Kimberly N. Reddick
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 03/25/2005
RESPONSE SIGNATURE /knr/
SIGNATORY NAME Kimberly N. Reddick
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 03/25/2005
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 25 14:07:16 EST 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200503
25140716898117-76580385-2
00c8beaf647b9f2cec2e9d184
7553051DA1357-20050325135
126896646



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. 76580385 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 METAL AND METAL PRODUCTS; SCRAP METAL
Original Filing Basis: 1(b); and/or 44(d).
Proposed: Class 006 for Metal, namely, ferrous and non-ferrous metals and metal alloys for further manufacturing; scrap metal composed primarily of iron, steel, aluminum, copper, titanium and their alloys, for further manufacturing;
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 003648607 filed 02/05/2004]. 15 U.S.C.Section 1126(d), as amended.
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 039 for COLLECTION, CLEARANCE, DISPOSAL AND HANDLING OF INDUSTRIAL AND DOMESTIC WASTE; TRANSPORTATION SERVICES RELATING TO INDUSTRIAL AND DOMESTIC WASTE; CONSULTANCY AND ADVISORY SERVICES RELATING TO ALL THE AFORESAID SERVICES
Original Filing Basis: 1(b); and/or 44(d).
Proposed: Class 039 for Collection and handling of industrial and domestic waste, namely, waste pick-up; transportation of industrial and domestic products and waste; consultancy and advisory services relating to industrial waste, domestic waste, industrial waste management, environmental management, testing services, site investigation, soil and landscape science, and contaminated land;
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 040 for RECYCLING AND MATERIAL TREATMENT SERVICES; RECYCLING AND TREATMENT OF WASTE PRODUCTS AND MATERIAL; WASTE PROCESSING SERVICES; WASTE MANAGEMENT SERVICES; CONSULTANCY AND ADVISORY SERVICES RELATING TO ALL THE AFORESAID SERVICES
Original Filing Basis: 1(b); and/or 44(d).
Proposed: Class 040 for Recycling services; material treatment services, namely, processing of industrial and domestic waste; recycling and treatment of waste products and material; waste processing services; waste management services; consultancy and advisory services relating to all the aforesaid services;
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 [European Community application number 003648607 filed 02/05/2004]. 15 U.S.C.Section 1126(d), as amended.
        
        
Applicant hereby adds the following class of goods/services to the application:
New:
Class 037 for Collection and handling of industrial and domestic waste, namely, industrial and domestic waste clean-up; clearance, namely destruction and removal of industrial and domestic waste products; disposal, namely disposal of industrial and domestic waste and materials; consultancy and advisory services relating to industrial and domestic waste clean-up and disposal;
Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).
        
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 [European Community application number 003648607 filed 02/05/2004]. 15 U.S.C.Section 1126(d), as amended.
 
Additional Statements
Applicant would like to maintain both the 1(b) and 44(d) basis for registration.
        
Fees
Additional fee(s) in the amount of $325 is being submitted.
        
Declaration Signature
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, 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 filed under 15 U.S.C. §1051(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, firm, 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 signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
        
Signature: /knr/      Date: 03/25/2005
Signatory's Name: Kimberly N. Reddick
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /knr/     Date: 03/25/2005
Signatory's Name: Kimberly N. Reddick
Signatory's Position: Attorney for Applicant
        
        
        
RAM Sale Number: 1357
RAM Accounting Date: 03/25/2005
        
Serial Number: 76580385
Internet Transmission Date: Fri Mar 25 14:07:16 EST 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050325140716898117-
76580385-200c8beaf647b9f2cec2e9d18475530
51DA1357-20050325135126896646



Response to Office Action [image/jpeg]


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