| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76694652 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (007)(current) |
| INTERNATIONAL CLASS |
007 |
| DESCRIPTION |
| Construction machines, winning machines and processing machines and apparatus and their tools, other than hand-operated tools, in
particular, machines and apparatus in the nature of impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading
equipment, for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts sold therewith, specifically, drive elements
in the nature of variable speed drives for use with the feeders, high-performance tools as machine parts of hard metal, namely, machine parts for construction machines, winning machines and
processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and recoverable materials and replacement parts sold therewith, all of which form stationary
and/or semi-mobile processing plants |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
302008036247 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
10/28/2008 |
| FOREIGN EXPIRATION DATE |
06/30/2018 |
| GOODS AND/OR SERVICES SECTION (007)(proposed) |
| INTERNATIONAL CLASS |
007 |
| TRACKED TEXT DESCRIPTION |
Construction machines, winning machines and processing machines and apparatus and their tools, other
than hand-operated tools, in particular, machines and apparatus in the nature of impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate
feeders, conveyors, loading equipment, for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts sold therewith,
specifically, drive elements in the nature of variable speed drives for use with the feeders, high-performance tools as machine parts of hard metal, namely, machine parts for construction machines,
winning machines and processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and recoverable materials and replacement parts sold therewith, all of
which form stationary and/or semi-mobile processing plants; Construction machines, winning machines and processing machines and apparatus and their tools, other
than hand-operated tools, in particular, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in
the nature of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts
therefor, specifically, drive elements in the nature of variable speed drives for use with the feeders, high-performance tools being machine parts of hard metal, namely, machine parts in the nature
of saw blades, tool bits, milling cutters for construction machines, winning machines and processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and
recoverable materials and replacement parts therefor, all of which form stationary and/or semi-mobile processing plants |
| FINAL DESCRIPTION |
| Construction machines, winning machines and processing machines and apparatus and their tools, other than hand-operated tools, in
particular, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors,
conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts therefor, specifically,
drive elements in the nature of variable speed drives for use with the feeders, high-performance tools being machine parts of hard metal, namely, machine parts in the nature of saw blades, tool bits,
milling cutters for construction machines, winning machines and processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and recoverable materials and
replacement parts therefor, all of which form stationary and/or semi-mobile processing plants |
| FILING BASIS |
Section 44(e) |
| FOREIGN REGISTRATION NUMBER |
302008036247 |
FOREIGN REGISTRATION
COUNTRY |
Germany |
FOREIGN REGISTRATION
DATE |
10/28/2008 |
| FOREIGN EXPIRATION DATE |
06/30/2018 |
| GOODS AND/OR SERVICES SECTION (037)(current) |
| INTERNATIONAL CLASS |
037 |
| DESCRIPTION |
| Rental of machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders,
reciprocating feeders, apron plate feeders, conveyors, loading equipment for the processing of raw materials and recoverable materials; servicing, maintenance and repair of vehicles, machines and
apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading equipment for the processing of raw
materials and recoverable materials |
| FILING BASIS |
Section 44(e) |
| GOODS AND/OR SERVICES SECTION (037)(proposed) |
| INTERNATIONAL CLASS |
037 |
| TRACKED TEXT DESCRIPTION |
Rental of machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating
screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading equipment for the processing of raw materials and recoverable materials; Rental of machines and apparatus, namely, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate
feeders in the nature of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials; servicing, maintenance and repair of vehicles, machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating
feeders, apron plate feeders, conveyors, loading equipment for the processing of raw materials and recoverable materials; servicing, maintenance and repair of
vehicles and machines, namely, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature
of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials |
| FINAL DESCRIPTION |
| Rental of machines and apparatus, namely, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators,
wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw
materials and recoverable materials; servicing, maintenance and repair of vehicles and machines, namely, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators,
wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw
materials and recoverable materials |
| FILING BASIS |
Section 44(e) |
| GOODS AND/OR SERVICES SECTION (040)(no change) |
| GOODS AND/OR SERVICES SECTION (042)(no change) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
The Examining Attorney has requested that applicant specify in the listings of goods and services of Int. Classes 7 and 37 the common
commercial names of "wobbler feeders" and "reciprocating feeders." Applicant asserts that "wobbler feeders" and "reciprocating feeders" are the common commercial names of these goods. Attached hereto
are pages obtained from various internet sites which refer to these goods as "wobbler feeders" and "reciprocating feeders." |
| MISCELLANEOUS FILE NAME(S) |
| ORIGINAL PDF FILE |
mis-7016646179-161007105_._KLEEMANN.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0002.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0003.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0004.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0005.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0006.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0007.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0008.JPG |
| |
\\TICRS\EXPORT9\IMAGEOUT9\766\946\76694652\xml1\ROA0009.JPG |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word KLEEMANN with two chevron designs to its right and underscored by multiple rectangular designs of varying
sizes. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/David R. Schaffer/ |
| SIGNATORY'S NAME |
David R. Schaffer |
| SIGNATORY'S POSITION |
Attorney of record, Virginia bar member |
| DATE SIGNED |
03/11/2010 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Mar 11 16:17:42 EST 2010 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0100311161742308968-76694
652-46040e23f8355a94b87b4
af892af02237af-N/A-N/A-20
100311161007105523 |
| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 04/30/2011) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
76694652 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 007 for Construction machines, winning machines and processing machines and apparatus and their tools, other than hand-operated tools, in particular, machines and apparatus in
the nature of impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading equipment, for breaking, sieving,
separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts sold therewith, specifically, drive elements in the nature of variable speed
drives for use with the feeders, high-performance tools as machine parts of hard metal, namely, machine parts for construction machines, winning machines and processing machines, milling machines,
grinding machines, and sieves for use in separating raw materials and recoverable materials and replacement parts sold therewith, all of which form stationary and/or semi-mobile processing plants
Original Filing Basis:
Filing Basis: 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
submits a copy of [ Germany registration number 302008036247 registered 10/28/2008 with a renewal date of __________ and an expiration date of 06/30/2018 ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed:
Tracked Text Description: Construction machines, winning machines and processing machines and apparatus and their tools, other than hand-operated tools, in
particular, machines and apparatus in the nature of impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading
equipment, for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts sold therewith, specifically, drive elements
in the nature of variable speed drives for use with the feeders, high-performance tools as machine parts of hard metal, namely, machine parts for construction machines, winning machines and
processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and recoverable materials and replacement parts sold therewith, all of which form stationary
and/or semi-mobile processing plants;
Construction machines, winning machines and processing machines and apparatus and their tools, other than hand-operated
tools, in particular, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of
conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials, as well as replacement parts therefor,
specifically, drive elements in the nature of variable speed drives for use with the feeders, high-performance tools being machine parts of hard metal, namely, machine parts in the nature of saw
blades, tool bits, milling cutters for construction machines, winning machines and processing machines, milling machines, grinding machines, and sieves for use in separating raw materials and
recoverable materials and replacement parts therefor, all of which form stationary and/or semi-mobile processing plantsClass 007 for Construction machines, winning machines and processing
machines and apparatus and their tools, other than hand-operated tools, in particular, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders,
reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and
recoverable materials, as well as replacement parts therefor, specifically, drive elements in the nature of variable speed drives for use with the feeders, high-performance tools being machine parts
of hard metal, namely, machine parts in the nature of saw blades, tool bits, milling cutters for construction machines, winning machines and processing machines, milling machines, grinding machines,
and sieves for use in separating raw materials and recoverable materials and replacement parts therefor, all of which form stationary and/or semi-mobile processing plants
Filing Basis: 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 302008036247 registered 10/28/2008 with a renewal date of __________ and an expiration date of 06/30/2018 ], and translation thereof, if
appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Rental of machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders,
conveyors, loading equipment for the processing of raw materials and recoverable materials; servicing, maintenance and repair of vehicles, machines and apparatus, namely, impact crushers, jaw
crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders, conveyors, loading equipment for the processing of raw materials and recoverable materials
Original Filing Basis:
Filing Basis: 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
submits a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate.
15 U.S.C. Section 1126(e), as amended.
Proposed:
Tracked Text Description: Rental of machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders,
reciprocating feeders, apron plate feeders, conveyors, loading equipment for the processing of raw materials and recoverable materials;
Rental of machines and
apparatus, namely, impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors,
conveyors, loading machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials;
servicing,
maintenance and repair of vehicles, machines and apparatus, namely, impact crushers, jaw crushers, cone crushers, vibrating screens, wobbler feeders, reciprocating feeders, apron plate feeders,
conveyors, loading equipment for the processing of raw materials and recoverable materials;
servicing, maintenance and repair of vehicles and machines, namely,
impact waste crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading
machines for breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materialsClass 037 for Rental of machines and apparatus, namely, impact waste
crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading machines for
breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials; servicing, maintenance and repair of vehicles and machines, namely, impact waste
crushers, jaw waste crushers, cone waste crushers, vibrating screen separators, wobbler feeders, reciprocating feeders, apron plate feeders in the nature of conveyors, conveyors, loading machines for
breaking, sieving, separating, classifying, washing and transporting raw materials and recoverable materials
Filing Basis: 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 [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if
appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended.
ADDITIONAL STATEMENTS
The Examining Attorney has requested that applicant specify in the listings of goods and services of Int. Classes 7 and 37 the common commercial names of "wobbler feeders" and "reciprocating
feeders." Applicant asserts that "wobbler feeders" and "reciprocating feeders" are the common commercial names of these goods. Attached hereto are pages obtained from various internet sites which
refer to these goods as "wobbler feeders" and "reciprocating feeders."
Original PDF file:
mis-7016646179-161007105_._KLEEMANN.pdf
Converted PDF file(s) (8 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Description of mark
The mark consists of the word KLEEMANN with two chevron designs to its right and underscored by multiple rectangular designs of varying sizes.
SIGNATURE(S)
Response Signature
Signature: /David R. Schaffer/ Date: 03/11/2010
Signatory's Name: David R. Schaffer
Signatory's Position: Attorney of record, Virginia bar member
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.
attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a
signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney
appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this
matter.
Serial Number: 76694652
Internet Transmission Date: Thu Mar 11 16:17:42 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2010031116174230
8968-76694652-46040e23f8355a94b87b4af892
af02237af-N/A-N/A-20100311161007105523
