Response to Office Action

CONTEC

FRONIUS INTERNATIONAL GmbH

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79081076
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION (no change)
ARGUMENT(S)

RESPONSE

This is in response to the Official Action dated May 6, 2010.

AMENDMENT

Please amend the application by deleting the description of goods as filed and submitting in its place:

 

[Class 009] Electric arc or laser welders for non-medical use; electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); control systems for welders comprised of microprocessors; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torches

Applicant notes that the proposed description of goods listed above is nearly identical to the proposed amended description of goods submitted in connection with Trademark Application Serial No. 79/080,357 for the mark STEEL TRANSFER, also owned by Applicant.  The proposed amended description submitted in the '357 application tracks language suggested by Examining Attorney Sara N. Benjamin of Law Office 110 in connection with that application.  As the identifications of goods in the base Madrid applications in both of these applications for this same Applicant were originally identical, Applicant would like to maintain the continuity, if possible. 

MARK DESCRIPTION

 

As requested by the Examining Attorney, please add the following description: 

The mark consists of the wording CONTEC and stylized brackets.

***

Having addressed all issues raised in the Official Action, Applicant believes that the application is in condition for allowance.  Accordingly, a speedy publication is respectfully requested.

No fee is deemed necessary for this response.  However, if the Examining Attorney believes a fee is appropriate, he is authorized to charge Deposit Account No. 12-1095.

If the Examining Attorney has any questions concerning this matter, he is encouraged to contact Applicant's counsel by telephone.

GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Arc or laser welders (for non-medical use); electric welders, namely arc welders, such as MIG-, MAG or stick welders (MMA - manual metal arc welding); microprocessor control systems for welders; spare parts for arc or laser welders (for non-medical use), arc welders such as MIG or MAG welders; welding torches
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Arc or laser welders (for non-medical use); Electric arc or laser welders for non-medical use; electric welders, namely arc welders, such as MIG-, MAG or stick welders (MMA - manual metal arc welding); electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); microprocessor control systems for welders; control systems for welders comprised of microprocessors; spare parts for arc or laser welders (for non-medical use), arc welders such as MIG or MAG welders; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torches
FINAL DESCRIPTION
Electric arc or laser welders for non-medical use; electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); control systems for welders comprised of microprocessors; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torches
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the wording CONTEC and stylized brackets.
SIGNATURE SECTION
RESPONSE SIGNATURE /GREGG A. PARADISE/
SIGNATORY'S NAME GREGG A. PARADISE
SIGNATORY'S POSITION ATTORNEY OF RECORD, NJ BAR MEMBER
DATE SIGNED 10/22/2010
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 22 12:50:44 EDT 2010
TEAS STAMP USPTO/ROA-XXX.XX.X.X-2010
1022125044233372-79081076
-470c714ee014a4bbd579e558
8432f29b-N/A-N/A-20101022
124901809850



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79081076 has been amended as follows:

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

RESPONSE

This is in response to the Official Action dated May 6, 2010.

AMENDMENT

Please amend the application by deleting the description of goods as filed and submitting in its place:

 

[Class 009] Electric arc or laser welders for non-medical use; electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); control systems for welders comprised of microprocessors; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torches

Applicant notes that the proposed description of goods listed above is nearly identical to the proposed amended description of goods submitted in connection with Trademark Application Serial No. 79/080,357 for the mark STEEL TRANSFER, also owned by Applicant.  The proposed amended description submitted in the '357 application tracks language suggested by Examining Attorney Sara N. Benjamin of Law Office 110 in connection with that application.  As the identifications of goods in the base Madrid applications in both of these applications for this same Applicant were originally identical, Applicant would like to maintain the continuity, if possible. 

MARK DESCRIPTION

 

As requested by the Examining Attorney, please add the following description: 

The mark consists of the wording CONTEC and stylized brackets.

***

Having addressed all issues raised in the Official Action, Applicant believes that the application is in condition for allowance.  Accordingly, a speedy publication is respectfully requested.

No fee is deemed necessary for this response.  However, if the Examining Attorney believes a fee is appropriate, he is authorized to charge Deposit Account No. 12-1095.

If the Examining Attorney has any questions concerning this matter, he is encouraged to contact Applicant's counsel by telephone.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Arc or laser welders (for non-medical use); electric welders, namely arc welders, such as MIG-, MAG or stick welders (MMA - manual metal arc welding); microprocessor control systems for welders; spare parts for arc or laser welders (for non-medical use), arc welders such as MIG or MAG welders; welding torches
Original Filing Basis:
Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Arc or laser welders (for non-medical use); Electric arc or laser welders for non-medical use; electric welders, namely arc welders, such as MIG-, MAG or stick welders (MMA - manual metal arc welding); electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); microprocessor control systems for welders; control systems for welders comprised of microprocessors; spare parts for arc or laser welders (for non-medical use), arc welders such as MIG or MAG welders; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torchesClass 009 for Electric arc or laser welders for non-medical use; electric welders, namely arc welders in the nature of MIG-, MAG or stick welders for MMA (manual metal arc welding); control systems for welders comprised of microprocessors; spare parts for electric arc or laser welders for non-medical use, namely, contact tips; electric arc welders in the nature of MIG or MAG welders; welding torches

Filing Basis Section 66(a), Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording CONTEC and stylized brackets.

SIGNATURE(S)
Response Signature
Signature: /GREGG A. PARADISE/     Date: 10/22/2010
Signatory's Name: GREGG A. PARADISE
Signatory's Position: ATTORNEY OF RECORD, NJ 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: 79081076
Internet Transmission Date: Fri Oct 22 12:50:44 EDT 2010
TEAS Stamp: USPTO/ROA-XXX.XX.X.X-2010102212504423337
2-79081076-470c714ee014a4bbd579e5588432f
29b-N/A-N/A-20101022124901809850



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