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:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

SUPPLEMENTAL RESPONSE TO OFFICE ACTION

 

            This is Supplemental to applicant's Response to Office Action filed on April 6, 2017.

 

International Class 8

"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."

International Class 20

"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; storage drawers, not of metal, 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."

International Class 21

"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."

Applicant, by the foregoing amendment, has more specifically identified its goods in accordance with the Examining Attorney's requirements.  As amended, it is submitted that the goods are now properly identified and classified.

 

Since all issues raised in the Office Action have now been addressed, it is submitting that Applicant's mark is now in condition for publication and such action is respectfully requested.

EVIDENCE
Evidence in the nature of Executed copy of applicant's Supplemental Response to Office Action has been attached.
Original PDF file:
evi_192957383-20170407135158515524_._S21774S21774SupplementalResponsetoOfficeActionasfiled.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; cleaning tools, namely, rakes
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: 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; 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; 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
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; 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; storage drawers, not of metal, 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 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; storage drawers, not of metal, 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 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
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: Class 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: /Leigh Ann Lindquist/     Date: 04/07/2017
Signatory's Name: Leigh Ann Lindquist
Signatory's Position: Attorney for applicant, DC bar member

Signatory's Phone Number: 202.663.7409

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: Fri Apr 07 14:01:20 EDT 2017
TEAS Stamp: USPTO/RFR-XXX.XX.XX.XX-20170407140120968
285-76718875-5809456a0bb2ba475521fa66d3c
6a35edfc5c6b9d8926a97775a5160682e27ce2a-
N/A-N/A-20170407135158515524