| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Input Field |
Entered |
| SERIAL NUMBER | 76584341 |
| MARK SECTION (no change) | |
| ARGUMENT(S) | |
|
Applicant is pleased to note that the Examining Attorney's search of the Office records uncovered no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). The Examining Attorney did raise various informalities, which Applicant has addressed below so that the application may be approved for publication. First, the Examining Attorney objected to the identification of goods as indefinite, and required amendment thereof. In response, and by amendment submitted herewith, Applicant has amended the identification of goods to make it more definite by adopting, in large measure, the suggestions of the Examining Attorney. The Examining Attorney also required that Applicant enter a Standard Character Claim in conformance with the new drawing rules. Accordingly, by amendment submitted herewith, Applicant has entered its Standard Character Claim.
Next, the Examining Attorney required that Applicant indicate whether "SIAMOTIVE" has any significance in the relevant trade or industry or as applied to the goods. In response, to the best of Applicant's knowledge, "SIAMOTIVE" does not have any significance in the relevant trade or industry, or as applied to the goods.
Finally, the Examining Attorney advised Applicant that it could rely solely on its intent-to-use basis and maintain its priority date based on its foreign application. Applicant confirms that it wishes to maintain its dual filing bases at this time.
All of the Examining Attorney's requirements having been satisfied, it is submitted that the present application is in condition for publication. Further and favorable action suspending the application pending submission of the corresponding foreign registration is earnestly solicited.
The Commissioner is hereby expressly authorized to charge any fee deficiency, or credit any overpayment, in connection with this matter to Deposit Account No. 14-0112. |
|
| GOODS AND/OR SERVICES SECTION (1st class)(current) | |
| INTERNATIONAL CLASS | 003 |
| DESCRIPTION | |
| ABRASIVES AND POLISHINGS, PARTICULARLY FLEXIBLE ABRASIVES AND COMPACT ABRASIVES AND POLISHINGS, NONWOVEN FABRICS AND ABRASIVES CONTAINING NONWOVEN FABRICS FOR USE AS ABRASIVES AND POLISHINGS | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | 53758/2003 |
| FOREIGN APPLICATION COUNTRY NAME | CH |
| FOREIGN FILING DATE | 10/02/2003 |
| GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
| INTERNATIONAL CLASS | 003 |
| DESCRIPTION | |
| ABRASIVES AND POLISHINGS FOR MANUAL USE AND FOR THE USE WITH POWER TOOLS AND FOR USE WITH HAND-OPERATED TOOLS, PARTICULARLY FLEXIBLE ABRASIVES AND COMPACT ABRASIVES COMPRISING ABRASIVE MATERIAL FOR THE USE AS ABRASIVES AND POLISHINGS AND ACCESSORIES FOR THE AFORESAID GOODS | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| FOREIGN APPLICATION NUMBER | 53758/2003 |
| FOREIGN APPLICATION COUNTRY NAME | Other |
| FOREIGN FILING DATE | 10/02/2003 |
| GOODS AND/OR SERVICES SECTION (2nd class)(no change) | |
| GOODS AND/OR SERVICES SECTION (3rd class)(current) | |
| INTERNATIONAL CLASS | 008 |
| DESCRIPTION | |
| ABRASIVES AND POLISHINGS, PARTICULARLY HAND TOOLS AS ABRASIVES AND POLISHINGS; GRINDING AND POLISHING DISCS, GRINDING AND POLISHING PADS, GRINDING BRUSHES, GRINDING BELTS, GRINDING THREADS AND GRINDING FOILS FOR HAND TOOLS FOR THE TREATMENT OF SURFACES; HAND OPERATED FIXTURES FOR FLEXIBLE ABRASIVES AND POLISHINGS INCLUDING NONWOVEN FABRICS | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| GOODS AND/OR SERVICES SECTION (3rd class)(proposed) | |
| INTERNATIONAL CLASS | 008 |
| DESCRIPTION | |
| MANUALLY OPERATED HAND TOOLS AS ABRASIVES AND POLISHINGS, NAMELY HAND TOOLS AS ABRASIVES AND POLISHINGS; GRINDING AND POLISHING DISCS, GRINDING AND POLISHING PADS, GRINDING BRUSHES, GRINDING BELTS, GRINDING THREADS AND GRINDING FOILS FOR HAND TOOLS FOR THE TREATMENT OF SURFACES; HAND OPERATED COATED ABRASIVES AND POLISHINGS AND NONWOVEN ABRASIVES COMPRISING MECHANICAL FIXTURES AND BONDING FIXTURES | |
| FILING BASIS | Section 1(b) |
| FILING BASIS | Section 44(d) |
| ADDITIONAL STATEMENTS SECTION | |
| MISCELLANEOUS STATEMENT | The mark is presented in standard character format without any claim to any particular font style, size or color. |
| SIGNATURE SECTION | |
| RESPONSE SIGNATURE | /H David Starr for Gary M Nath/ |
| SIGNATORY NAME | Gary M Nath/HDS |
| SIGNATORY POSITION | Attorney for Applicant |
| SIGNATURE DATE | 04/14/2005 |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Thu Apr 14 11:12:41 EDT 2005 |
| TEAS STAMP | USPTO/OA-XXXXXXXXX-200504 14111241212042-76584341-2 007728c3765456e0e880e55d8 e6453a491-N-N-20050414110 716304229 |
| PTO Form 1957 (Rev 8/2005) |
| OMB Control #0651-0050 (Exp. 04/30/2006) |
| Application serial no. 76584341 is amended as follows: | |
| Argument(s) | |
| In response to the substantive refusal(s), please note the following: | |
|
Applicant is pleased to note that the Examining Attorney's search of the Office records uncovered no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). The Examining Attorney did raise various informalities, which Applicant has addressed below so that the application may be approved for publication. First, the Examining Attorney objected to the identification of goods as indefinite, and required amendment thereof. In response, and by amendment submitted herewith, Applicant has amended the identification of goods to make it more definite by adopting, in large measure, the suggestions of the Examining Attorney. The Examining Attorney also required that Applicant enter a Standard Character Claim in conformance with the new drawing rules. Accordingly, by amendment submitted herewith, Applicant has entered its Standard Character Claim.
Next, the Examining Attorney required that Applicant indicate whether "SIAMOTIVE" has any significance in the relevant trade or industry or as applied to the goods. In response, to the best of Applicant's knowledge, "SIAMOTIVE" does not have any significance in the relevant trade or industry, or as applied to the goods.
Finally, the Examining Attorney advised Applicant that it could rely solely on its intent-to-use basis and maintain its priority date based on its foreign application. Applicant confirms that it wishes to maintain its dual filing bases at this time.
All of the Examining Attorney's requirements having been satisfied, it is submitted that the present application is in condition for publication. Further and favorable action suspending the application pending submission of the corresponding foreign registration is earnestly solicited.
The Commissioner is hereby expressly authorized to charge any fee deficiency, or credit any overpayment, in connection with this matter to Deposit Account No. 14-0112. |
|
| Classification and Listing of Goods/Services | |
| Applicant hereby amends the following class of goods/services in the application as follows: | |
| Current: Class 003 for ABRASIVES AND POLISHINGS, PARTICULARLY FLEXIBLE ABRASIVES AND COMPACT ABRASIVES AND POLISHINGS, NONWOVEN FABRICS AND ABRASIVES CONTAINING NONWOVEN FABRICS FOR USE AS ABRASIVES AND POLISHINGS | |
| Original Filing Basis: 1(b); and/or 44(d). | |
| Proposed: Class 003 for ABRASIVES AND POLISHINGS FOR MANUAL USE AND FOR THE USE WITH POWER TOOLS AND FOR USE WITH HAND-OPERATED TOOLS, PARTICULARLY FLEXIBLE ABRASIVES AND COMPACT ABRASIVES COMPRISING ABRASIVE MATERIAL FOR THE USE AS ABRASIVES AND POLISHINGS AND ACCESSORIES FOR THE AFORESAID GOODS | |
| 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 53758/2003 filed 10/02/2003]. 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 008 for ABRASIVES AND POLISHINGS, PARTICULARLY HAND TOOLS AS ABRASIVES AND POLISHINGS; GRINDING AND POLISHING DISCS, GRINDING AND POLISHING PADS, GRINDING BRUSHES, GRINDING BELTS, GRINDING THREADS AND GRINDING FOILS FOR HAND TOOLS FOR THE TREATMENT OF SURFACES; HAND OPERATED FIXTURES FOR FLEXIBLE ABRASIVES AND POLISHINGS INCLUDING NONWOVEN FABRICS | |
| Original Filing Basis: 1(b); and/or 44(d). | |
| Proposed: Class 008 for MANUALLY OPERATED HAND TOOLS AS ABRASIVES AND POLISHINGS, NAMELY HAND TOOLS AS ABRASIVES AND POLISHINGS; GRINDING AND POLISHING DISCS, GRINDING AND POLISHING PADS, GRINDING BRUSHES, GRINDING BELTS, GRINDING THREADS AND GRINDING FOILS FOR HAND TOOLS FOR THE TREATMENT OF SURFACES; HAND OPERATED COATED ABRASIVES AND POLISHINGS AND NONWOVEN ABRASIVES COMPRISING MECHANICAL FIXTURES AND BONDING FIXTURES | |
| Additional Statements | |
| The mark is presented in standard character format without any claim to any particular font style, size or color. | |
| Response Signature | |
| Signature: /H David Starr for Gary M Nath/ Date: 04/14/2005 | |
| Signatory's Name: Gary M Nath/HDS | |
| Signatory's Position: Attorney for Applicant | |
| Serial Number: 76584341 | |
| Internet Transmission Date: Thu Apr 14 11:12:41 EDT 2005 | |
| TEAS Stamp: USPTO/OA-XXXXXXXXX-20050414111241212042- 76584341-2007728c3765456e0e880e55d8e6453 a491-N-N-20050414110716304229 |