TEAS Request Reconsideration after FOA

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 76718875 ASTAGE (Stylized and/or with Design, see http://uspto.report/TM/76718875/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of a copy of the signed Response to Office Action has been attached.
Original PDF file:
evi_2062058067-20170406113940136601_._S21774_Response_to_Office_Action.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Spanners; screwdrivers; adjustable spanners; wrenches; hand-operated nail extractors; nippers; pliers; cutting pliers; hand-operated pincers; shovels; gardening trowels; snow shovels; gardening scissors; metal-cutting scissors, namely, tin shears; scissors; wool shears; hair cutting scissors; kitchen knives; folding knives; glass cutters; carving knives; table knives; fire tongs; palette knives
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Spanners; screwdrivers; adjustable spanners; wrenches; hand-operated nail extractors; nippers; pliers; cutting pliers; hand-operated pincers; shovels; gardening trowels; snow shovels; gardening scissors; metal-cutting scissors, namely, tin shears; metal-cutting scissors, namely tin shears; scissors; wool shears; hair cutting scissors; kitchen knives; folding knives; glass cutters; carving knives; table knives; fire tongs; palette knives; cleaning tools, namely, rakesClass 008 for Spanners; screwdrivers; adjustable spanners; wrenches; hand-operated nail extractors; nippers; pliers; cutting pliers; hand-operated pincers; shovels; gardening trowels; snow shovels; gardening scissors; metal-cutting scissors, namely tin shears; scissors; wool shears; hair cutting scissors; kitchen knives; folding knives; glass cutters; carving knives; table knives; fire tongs; palette knives; cleaning tools, namely, rakes
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Containers for transport, not of metal; plastic hand-held shopping baskets; tool boxes, not of metal sold empty, namely, tool storage boxes, not of metal, for storing hand tools and electric tools, fitting of metal, machine elements, components and parts in the nature of screws and nails; furniture, namely, bookstands and cabinets for furniture and offices; storage boxes, not of metal, namely, storage boxes for storing outdoor goods, camping outfits, fishing tackle, car supplies, shoes, clothing, daily necessities, convenience goods, kitchen utensils, washing utensils, office stationery, gardening supplies, handicraft supplies and toys; flower-pot pedestals; industrial work tables
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Containers for transport, not of metal; plastic hand-held shopping baskets; tool boxes, not of metal sold empty, for storing hand tools and electric tools, fitting of metal, machine elements, components and parts in the nature of screws and nails; tool boxes, not of metal sold empty, namely, tool storage boxes, not of metal, for storing hand tools and electric tools, fitting of metal, machine elements, components and parts in the nature of screws and nails; furniture, namely, bookstands and cabinets for furniture and offices; non-metal plastic storage bin organizer and plastic storage containers for storing outdoor goods, camping outfits, fishing tackle, car supplies, shoes, clothing, daily necessities, convenience goods, kitchen utensils, washing utensils, office stationery, gardening supplies, handicraft supplies and toys; storage boxes, not of metal, namely, storage boxes for storing outdoor goods, camping outfits, fishing tackle, car supplies, shoes, clothing, daily necessities, convenience goods, kitchen utensils, washing utensils, office stationery, gardening supplies, handicraft supplies and toys; flower-pot pedestals; industrial work tablesClass 020 for Containers for transport, not of metal; tool boxes, not of metal sold empty, for storing hand tools and electric tools, fitting of metal, machine elements, components and parts in the nature of screws and nails; furniture, namely, bookstands and cabinets for furniture and offices; non-metal plastic storage bin organizer and plastic storage containers for storing outdoor goods, camping outfits, fishing tackle, car supplies, shoes, clothing, daily necessities, convenience goods, kitchen utensils, washing utensils, office stationery, gardening supplies, handicraft supplies and toys; flower-pot pedestals; industrial work tables
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Kitchen utensils, namely, box type and bag type portable coolers; water jugs in the nature of hot or cold insulating small tanks for beverages with filling ports, portable water tanks, tongs and cold packs; cleaning tools and washing utensils, namely, rakes, buckets with lids, and laundry baskets; fire pans for carrying live charcoal, namely, coal scuttles; gotoku (trivets for Japanese charcoal heaters for household purposes); Hikeshi-tsubo, namely, Japanese charcoal extinguishers; flower pots; watering cans; non-electric watering devices, namely, nozzles for watering hose; gardening water diffuser, namely, lawn sprinklers, garden sprinklers and field sprinklers
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Kitchen utensils, namely, box type and bag type portable coolers; Kitchen containers, namely, box type and bag type portable coolers and water jugs in the nature of hot or cold insulating small tanks for beverages with filling ports, portable water tanks; water jugs in the nature of hot or cold insulating small tanks for beverages with filling ports, portable water tanks, tongs and cold packs; kitchen utensils, namely, tongs; cleaning tools and washing utensils, namely, rakes, buckets with lids, and laundry baskets; cleaning tools and washing utensils, namely, buckets with lids and laundry baskets; fire pans for carrying live charcoal, namely, coal scuttles; gotoku (trivets for Japanese charcoal heaters for household purposes); Hikeshi-tsubo, namely, Japanese charcoal extinguishers; flower pots; watering cans; non-electric watering devices, namely, nozzles for watering hose; gardening water diffuser, namely, lawn sprinklers, garden sprinklers and field sprinklers; plastic hand-held shopping basketsClass 021 for Kitchen containers, namely, box type and bag type portable coolers and water jugs in the nature of hot or cold insulating small tanks for beverages with filling ports, portable water tanks; kitchen utensils, namely, tongs; cleaning tools and washing utensils, namely, buckets with lids and laundry baskets; fire pans for carrying live charcoal, namely, coal scuttles; gotoku (trivets for Japanese charcoal heaters for household purposes); Hikeshi-tsubo, namely, Japanese charcoal extinguishers; flower pots; watering cans; non-electric watering devices, namely, nozzles for watering hose; gardening water diffuser, namely, lawn sprinklers, garden sprinklers and field sprinklers; plastic hand-held shopping baskets
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Garykrugman/     Date: 04/06/2017
Signatory's Name: Gary D. Krugman
Signatory's Position: Attorney for Applicant, DC Bar Member

Signatory's Phone Number: 202-293-7060

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 76718875
Internet Transmission Date: Thu Apr 06 12:22:44 EDT 2017
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XX-2017040612224483
4924-76718875-580fccc229aca7cafe16de9b14
a8e26e58f195ee1af0aced15012ea1d549d80c6-
N/A-N/A-20170406113940136601