PR-Teas-Response to Post Reg Office Act

PTO- 2302

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 2302

Approved for use through 10/31/2021. OMB 0651-0055

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response To Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

Registration no. 3778538 REDHAT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/7725474 4/large) has been amended as follows: RESPONSE TYPE Response to Office Action for Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal under Sections 8 & 9.

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

In the November 23, 2021 Post-Registration Office Action, the Office deemed the proof of use of record unacceptable as not satisfying audit requirements. The Office required the owner to provide proof of use for all of the goods remaining in the registration, identifying the goods supported by each item submitted as proof of use.

In the May 18, 2020 Post-Registration Office Action, the Office required submission of proof of current use of the registered mark in commerce for additional goods, namely: electric actuators; and, automatic electromagnetically operated pinch valves, in International Class 9. The Office indicated that if proof of use for the designated goods is unavailable, those goods and any others not currently in use should be deleted from the registration. Owner resultantly deleted the designated electric actuators and automatic electromagnetically operated pinch valves from the registration. The specimen submitted on April 17, 2020 with the Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9 constitutes acceptable proof of use for all of the goods remaining in the registration. After the deletion, there were no goods for which proof of use was not of record.

All of the goods remaining in the registration are packaged in the packaging shown in the specimen of record, a copy of which is attached. They are:

o solenoid valves, namely, electromagnetic switches;

o valve assemblies comprising various combinations of solenoid valves, namely, electromagnetic switches, piloted piston valves, electronic timers, position indicators and pilot valves in one unit for use in controlling steam, hot water, solvents, and light slurries;

o drain valve assemblies comprising solenoid valves, namely, electromagnetic switches, piloted piston valves and electronic timers for use in automatically draining condensation in compressed air systems;

o globe valve assemblies comprising position indicators and solenoid pilot valves for use in controlling steam, hot water, solvents, and light slurries;

o solenoid valves, namely, dust collector valves, manual reset valves, and pulse valves;

o automatic isolation valves;

o valve monitoring systems comprising actuators, solenoid valves in the nature of electromagnetic switches, computer network cards, junction boxes, connectors, potentiometers, field bus protocols and reed switches;

o electronic gas valve actuators for use in indicating the position of a valve;

o solenoid pilot valves;

o automatic control valves for the control of fluids;

o control valves, namely, solenoid operated hydraulic valves;

o automatic pulse valves;

o parts and fittings for all of the aforementioned goods, in International Class 9.

The owner/holder was using the mark in commerce on or in connection with the goods identified and remaining in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the affidavit of use.

All of the goods remaining in the registration are packaged in the packaging shown in the specimen of record, as indicated above. In an abundance of caution, the owner submits herewith additional proof of current use of the registered mark. The specimens denote the goods to which they relate, including: solenoid valves/ electromagnetic switches; valve assemblies; drain valve assemblies; globe valve assemblies; dust collector valves; manual reset valves; automatic isolation valves; electronic gas valve actuators; solenoid pilot valves; automatic control valves for the control of fluids; solenoid operated hydraulic valves; and, parts and fittings for all of the aforementioned goods, in International Class 9.

The owner/holder was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use and specimen(s), during the relevant period for filing the affidavit of use.

The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of this submission, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and that all statements made on information and belief are believed to be true.

WHEREFORE, Owner respectfully requests that Combined Declaration of Use and/or Excusable Nonuse/Application for Renewal of Registration of a Mark under Sections 8 & 9 be accepted for the goods remaining in the Registration.

PROOF OF USE SUBMISSIONS

Class 009: solenoid valves, namely, electromagnetic switches; valve assemblies comprising various combinations of solenoid valves, namely, electromagnetic switches, piloted piston valves, electronic timers, position indicators and pilot valves in one unit for use in controlling steam, hot water, solvents, and light slurries; drain valve assemblies comprising solenoid valves, namely, electromagnetic switches, piloted piston valves and electronic timers for use in automatically draining condensation in compressed air systems; globe valve assemblies comprising position indicators and solenoid pilot valves for use in controlling steam, hot water, solvents, and light slurries; solenoid valves, namely, dust collector valves, manual reset valves, and pulse valves; automatic isolation valves; automatic electromagnetically operated pinch valves; valve monitoring systems comprising actuators, solenoid valves in the nature of electromagnetic switches, computer network cards, junction boxes, connectors, potentiometers, field bus protocols and reed switches; electric actuators; electronic gas valve actuators for use in indicating the position of a valve; solenoid pilot valves; automatic control valves for the control of fluids; control valves, namely, solenoid operated hydraulic valves; automatic pulse valves; parts and fittings for all of the aforementioned goods
Proof of Use Information: Proof of use provided.
PROOF OF USE INFORMATION(1st submission)
Audited Goods and/or Services: solenoid valves, namely, electromagnetic switches
Description: - Screenshot of website located at: http://www.supplyhouse.com/Asco-RedHat-8210G95-120VAC-3-4-Normally-Closed-NPTGeneral-Service-Solenoid-Valve-0-DIFF-120-V and accessed on April 26, 2021; and, - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI0-65183161130-202105241 80253828144_._REDHAT_Sole noid_Valve_-Electromagnet ic_Switch_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(2nd submission)
Audited Goods and/or Services: valve assemblies comprising various combinations of solenoid valves, namely, electromagnetic switches, piloted piston valves, electronic timers, position indicators and pilot valves in one unit for use in controlling steam, hot water, solvents, and light slurries
Description: Screenshot of website located at: http://www.supplyhouse.com/Asco-RedHat-8262H038E-120V-2-Way-1-4-Valve-Assembly- Normally-Closed-120V-60Hz and accessed on April 26, 2021; - Screenshot of website located at: http://www.supplyhouse.com/Asco-RedHat-8210G95-120VAC-3-4-Normally-Closed-NPTGeneral-Service-Solenoid-Valve-0-DIFF-120-V and accessed on April 26, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI1-1-65183161130-2021052 4180253828144_._REDHAT_Va lve_Assembly_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
Original PDF file:
UI1-65183161130-202105241 80253828144_._REDHAT_Sole noid_Pilot_Valve.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(3rd submission)
Audited Goods and/or Services: drain valve assemblies comprising solenoid valves, namely, electromagnetic switches, piloted piston valves and electronic timers for use in automatically draining condensation in compressed air systems;
Description: - Screenshot of website located at: http://www.supplyhouse.com/Asco-RedHat-8221G13-2-Slow-Closing-Solenoid-Valve-36-CV-120v and accessed on May 24, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI2-65183161130-202105241 80253828144_._Drain_Valve _Assembly_Screenshot.PDF
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(4th submission)
Audited Goods and/or Services: globe valve assemblies comprising position indicators and solenoid pilot valves for use in controlling steam, hot water, solvents, and light slurries;
Description: - Screenshot of website located http://www.supplyhouse.com/Asco-RedHat-H118AK122F1-Combustion-Normally-Closed-Gas- Shutoff-Valve-Hydramotor-Actuator-2-1-2-Pipe-86-Cv-120V and accessed on May 24, 2021; - Screenshot of website located at: http://www.supplyhouse.com/Asco-RedHat-8210G95-120VAC-3-4-Normally-Closed-NPTGeneral-Service-Solenoid-Valve-0-DIFF-120-V and accessed on April 26, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI3-65183161130-202105241 80253828144_._REDHAT_Glob e_Valve_Assembly_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
Original PDF file:
UI3-65183161130-202105241 80253828144_._REDHAT_Sole noid_Pilot_Valve.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(5th submission)
Audited Goods and/or Services: solenoid valves, namely, dust collector valves, manual reset valves, and pulse valves
Description: - Catalog excerpt; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI4-65183161130-202105241 80253828144_._REDHAT_Dust _Collector_Series_High_Fl ow_Main_Pulse_Valves.PDF
Converted PDF file(s) ( 1 page) Proof of Use File-1
Original PDF file:
UI4-65183161130-202105241 80253828144_._REDHAT_Manu al_Reset_Valves_Specimen.PDF
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(6th submission)
Audited Goods and/or Services: automatic isolation valves
Description: - Screenshot of website located at http://www.supplyhouse.com/Asco-RedHat-8030G083-3-4-2-Way-Normally-Open-Low-Pressure-Gas-Solenoid-Valve-295000-BTU and accessed on May 24, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI5-65183161130-202105241 80253828144_._Isolation_V alve_Screenshot.PDF
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(7th submission)
Audited Goods and/or Services: valve monitoring systems comprising actuators, solenoid valves in the nature of electromagnetic switches, computer network cards, junction boxes, connectors, potentiometers, field bus protocols and reed switches;
Description: - Screenshot of website located at http://www.supplyhouse.com/Asco-RedHat-AH2E112A4-Standard-Watertight-Fast-Opening- Hydramotor-Actuator-Damper-Shaft-Arm-110-120V and accessed on April 26, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI6-65183161130-202105241 80253828144_._REDHAT_Actu ator_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(8th submission)
Audited Goods and/or Services: electronic gas valve actuators for use in indicating the position of a valve;
Description: - Screenshot of website located at http://www.supplyhouse.com/Asco-RedHat-AH2E112A4-Standard-Watertight-Fast-Opening- Hydramotor-Actuator-Damper-Shaft-Arm-110-120V and accessed on April 26, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI7-65183161130-202105241 80253828144_._REDHAT_Actu ator_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(9th submission)
Audited Goods and/or Services: automatic control valves for the control of fluids;
Description: - Screenshot of website located at http://www.supplyhouse.com/Asco-RedHat-8215A40-3-Gas-Solenoid-Blocking-Valve-7-430- 000-BTU and accessed on April 26, 2021; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI8-65183161130-202105241 80253828144_._EDHAT_Autom atic_Control_Valve_for_Co ntrol_of_Fluids_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(10th submission)
Audited Goods and/or Services: control valves, namely, solenoid operated hydraulic valves
Description: - Screenshot of website located at http://www.supplyhouse.com/Asco-RedHat-H118AK122F1-Combustion-Normally-Closed-Gas- Shutoff-Valve-Hydramotor-Actuator-2-1-2-Pipe-86-Cv-120V and accessed on April 26, 2021; - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI9-65183161130-202105241 82344377314_._REDHAT_Auto matic_Control_Valve_-_Hyd raulic_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(11th submission)
Audited Goods and/or Services: automatic pulse valves;
Description: - Catalog excerpt; and - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI10-65183161130-20210524 180253828144_._REDHAT_Dus t_Collector_Series_High_F low_Main_Pulse_Valves.PDF
Converted PDF file(s) ( 1 page) Proof of Use File-1
PROOF OF USE INFORMATION(12th submission)
Audited Goods and/or Services: parts and fittings for all of the aforementioned goods, in International Class 9.
Description: - Screenshot of website located athttp://www.supplyhouse.com/Asco-RedHat-302378-Asco-8210-Series-Valve-Repair-Kit-for-5LU16 and accessed on April 26, 2021; - Photograph of the mark on product packaging
JPG file(s):Proof of Use File-1
Original PDF file:
UI11-65183161130-20210524 180253828144_._REDHAT_Par ts_and_Fittings_Specimen.pdf
Converted PDF file(s) ( 1 page) Proof of Use File-1

The owner/holder was using the mark in commerce on or in connection with the goods and/or services identified in the registration for which use of the mark in commerce is claimed, as evidenced by the submitted proof of use, during the relevant period for filing the current declaration of use.Correspondence Information (current):
      Lisa M. DuRoss
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): duross@hdp.com; hrowe@hdp.com; agrant@hdp.com

      The docket/reference number is 9645-200066/.
Correspondence Information (proposed):
      Lisa M. DuRoss
      PRIMARY EMAIL FOR CORRESPONDENCE: mailroom@hdp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): duross@hdp.com; hrowe@hdp.com; agrant@hdp.com

      The docket/reference number is 9645-200066/.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $0 is being submitted.

Declaration


To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.


The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of this submission and the registration, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.


SIGNATURE(S)

Signature: /LMD/      Date: 05/24/2021
Signatory's Name: Lisa M. DuRoss
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 248-641-1600
Signature method: Sent to third party for signature

Signature: /LMD/     Date: 05/24/2021
Signatory's Name: Lisa M. DuRoss
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 248-641-1600 Signature method: Sent to third party for signature

Mailing Address:    Lisa M. DuRoss
   HARNESS, DICKEY & PIERCE, P.L.C.
   
   5445 Corporate Drive, Suite 200
   Troy, Michigan 48098
Mailing Address:    Lisa M. DuRoss
   HARNESS, DICKEY & PIERCE, P.L.C.
   5445 Corporate Drive, Suite 200
   Troy, Michigan 48098
        
PAYMENT:
PAYMENT DATE:
        
Serial Number: 77254744
Internet Transmission Date: Mon May 24 18:29:28 ET 2021
TEAS Stamp: USPTO/TRS-XX.XXX.XXX.XXX-202105241829284
33831-3778538-7805cbfe57f14daba6a06b99b2
60a4b3ff95e29d86633afef9adebc7d693bd4425
-N/A-N/A-20210524182344377314