Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 77825855 ECOZEN(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=77825855) has been amended as follows:

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

Attached is a copy of the Korean registration certificate, together with a fresh signed translation. The fresh signed translation includes polyethylene terephthalate glycol resins, the goods which the Office action indicates exceed the scope of the foreign registration. The Korean attorneys who provided the translation have advised that the first translation, which was submitted previously, accidentally omitted those goods. In other words, those goods are covered in the Korean registration.

 

Since this answers all objections in the Office action, please pass the application to publication. If you have any questions, please call the undersigned at 212 813 5920.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Unprocessed artificial resins; unprocessed plastics; compositions for the manufacture of technical ceramics, namely, alumina, zirconia and silicon dioxide; guanamine resins; silicone resins; lauryl resins; diarylisophalate resins; diarylphtalate resins; melamine resins; unprocessed acetate of cellulose for use in a wide variety of fields; unprocessed acrylic resins for use in a wide variety of fields; unprocessed epoxy resins; unprocessed synthetic resins; degenerated polyphenylene oxide resins; butylate resins; fluorine resins; unsaturated polyester resins; cellulose nitrate resins; cellulose plastic resins; celluloids resins; styrene acrylonytrile resins; acrylonitrile butadiene styrene resins; urea-formaldehyde resins; cellulose acetate plastics; casein resins; phenolic resins; polymethyl metacrylate resins; polybenzimidazol resins; polybutylene resins; polybutylene terephthalate resins; polyvinyl acetal resins; polyvinyl alcohol resins; polysulfone resins; polystyrene resins; polyallylate resins; polyamide resins; polyester resins; polyethylene resins; polyethylene terephthalate resins; polyvinylidene chloride resins; polyvinyl chloride resins; polyurethane resins; polyvinyl acetate resins; polycarbonate resins; polyphenylene sulfide resins; polyphenylene oxide resins; polyprophorin resins; polypropylene resins; furan resins; propionate resins; polyethylene terephthalate glycol resins; antifreeze
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Korea, South application number 2009-0041483 filed 08/27/2009]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 001 for Unprocessed artificial resins; unprocessed plastics; compositions for the manufacture of technical ceramics, namely, alumina, zirconia and silicon dioxide; guanamine resins; silicone resins; lauryl resins; diarylisophalate resins; diarylphtalate resins; melamine resins; unprocessed acetate of cellulose for use in a wide variety of fields; unprocessed acrylic resins for use in a wide variety of fields; unprocessed epoxy resins; unprocessed synthetic resins; degenerated polyphenylene oxide resins; butylate resins; fluorine resins; unsaturated polyester resins; cellulose nitrate resins; cellulose plastic resins; celluloids resins; styrene acrylonytrile resins; acrylonitrile butadiene styrene resins; urea-formaldehyde resins; cellulose acetate plastics; casein resins; phenolic resins; polymethyl metacrylate resins; polybenzimidazol resins; polybutylene resins; polybutylene terephthalate resins; polyvinyl acetal resins; polyvinyl alcohol resins; polysulfone resins; polystyrene resins; polyallylate resins; polyamide resins; polyester resins; polyethylene resins; polyethylene terephthalate resins; polyvinylidene chloride resins; polyvinyl chloride resins; polyurethane resins; polyvinyl acetate resins; polycarbonate resins; polyphenylene sulfide resins; polyphenylene oxide resins; polyprophorin resins; polypropylene resins; furan resins; propionate resins; polyethylene terephthalate glycol resins; antifreeze
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Korea, South application number 2009-0041483 filed 08/27/2009]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Korea, South registration number 0837946 registered 10/01/2010 with a renewal date of __________ and an expiration date of 10/01/2020 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-6547140130-110450030_.__signed_English_translation_for_ECOZEN_in_Class_1__F1007014_.PDF
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /dwe/     Date: 05/09/2012
Signatory's Name: David Ehrlich
Signatory's Position: Attorney of record, New York 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: 77825855
Internet Transmission Date: Wed May 09 12:19:22 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2012050912192253
6719-77825855-4908bed263974bb424ca7218d3
16bcf4d-N/A-N/A-20120509121726747906