Response to Office Action

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 1957 (Rev 10/2011)

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

---

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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76719066 ECO WALKER (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/76719066/large) has been amended as follows:

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

This is filed in response to Office Action issued on April 8, 2016.

The Examining Attorney has issued an Action requiring Applicant to disclaim the wording "ECO" to which Applicant complies herein.

Applicant notes that the Applicant's address in the USPTO record appears to be incorrect, even though the correct address was submitted with the Transformation Request on February 8, 2016.  Applicant is concurrently submitting a Change of Owner's Address form, and request that the USPTO record be updated to show the correct address for Applicant.

In addition, the Transformation Request submitted on February 8, 2016 noted the identification of goods to be "Tires for automobiles; inner tubes for automobile tires; automobile wheels".  However, the USPTO record shows that the second semicolon was changed to a comma.  While we believe the scope of goods to be identical, Applicant requests that the comma to be changed back to a semicolon as was requested for consistency.

Applicant believes all requirements have now been met, and respectfully requests the application to be approved for publication at an early date. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for TIRES FOR AUTOMOBILES; INNER TUBES FOR AUTOMOBILE TIRES, AUTOMOBILE WHEELS
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.

Applicant has made of record the following information concerning a foreign application: 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 [Japan application number 2009-10093 filed 02/16/2009].

Proposed:
Tracked Text Description: Tires for automobiles; INNER TUBES FOR AUTOMOBILE TIRES, AUTOMOBILE WHEELS; inner tubes for automobile tires; automobile wheelsClass 012 for Tires for automobiles; inner tubes for automobile tires; automobile wheels
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 has made of record the following information concerning a foreign application: 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 [Japan application number 2009-10093 filed 02/16/2009].

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ECO" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /idekumiko/     Date: 04/28/2016
Signatory's Name: Kumiko Ide
Signatory's Position: Attorney of record, D.C. bar member

Signatory's Phone Number: 202-822-1100

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.

        
Serial Number: 76719066
Internet Transmission Date: Thu Apr 28 11:42:32 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20160428114232013
675-76719066-55084cc67bb68b666bb27a336fe
f64eb48472393830618fe9403f69e3ec47f9-N/A
-N/A-20160428105536944610