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. 79110904 NEOX (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=79110904) has been amended as follows:

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

Applicant attaches hereto a page from its website so that the Examiner may better understand the goods.  http://www.magotteaux.com/products-services/crushing-parts/blowbars/white-iron-neo/.  The Examiner may also review Applicant's Application No. 79/111,843 for NEOX (wordmark).

EVIDENCE
Evidence in the nature of Applicant's website page for further information regarding goods. has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Common metals, unwrought or semi-wrought, and their alloys; metal/ceramic composite material (alloy) intended for the manufacture of reinforced foundry parts; special steels and steel alloys, refractory steels, stainless steels, highly alloyed special steels for resistance to wear and tear, shocks, heat and corrosion, cast parts made of these steels and alloys; cast iron, unwrought or semi-wrought, alloys of cast iron, highly alloyed special cast irons for resistance to wear and tear, shocks, heat and corrosion, cast parts made of these cast irons and alloys; sinter strand grates, valves of stainless steels, special plugs; metal/ceramic composite material intended for the manufacture of reinforced foundry parts; grinding elements of metal/ceramic alloy for industrial grinders; chains for furnaces
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: Common metals, unwrought or semi-wrought, and their alloys; metal/ceramic composite material (alloy) intended for the manufacture of reinforced foundry parts; alloys of common metal, namely, metal/ceramic composite material in the nature of an alloy intended for the manufacture of reinforced foundry parts; special steels and steel alloys, refractory steels, stainless steels, highly alloyed special steels for resistance to wear and tear, shocks, heat and corrosion, cast parts made of these steels and alloys; special steels and steel alloys, refractory steels, stainless steels, highly alloyed special steels for resistance to wear and tear, shocks, heat and corrosion, and cast parts made of these steels and alloys, namely, crusher hammers, cooler grates, cones crusher parts and teeth for cutter heads used in the gravel pit industry; cast iron, unwrought or semi-wrought, alloys of cast iron, highly alloyed special cast irons for resistance to wear and tear, shocks, heat and corrosion, cast parts made of these cast irons and alloys; unwrought or semi-wrought cast iron, alloys of cast iron, highly alloyed special cast irons for resistance to wear and tear, shocks, heat and corrosion, and cast parts made of these cast irons and alloys, namely, crusher hammers, cooler grates, cones crusher parts and teeth for cutter heads used in the gravel pit industry; sinter strand grates, valves of stainless steels, special plugs; fireplace grates in the nature of sinter strand grates, valves of stainless steels other than parts of machines, special metal plugs; metal/ceramic composite material intended for the manufacture of reinforced foundry parts; alloys of common metal, namely, metal/ceramic composite material intended for the manufacture of reinforced foundry parts; grinding elements of metal/ceramic alloy for industrial grinders; grinding elements of metal/ceramic alloy for industrial grinders, namely, grinding balls, grinding rods, grinding rollers, grinding tables and grinding beads made of metal/ceramic alloy for use in milling processes; chains for furnaces; metal chains for furnacesClass 006 for Common metals, unwrought or semi-wrought, and their alloys; alloys of common metal, namely, metal/ceramic composite material in the nature of an alloy intended for the manufacture of reinforced foundry parts; special steels and steel alloys, refractory steels, stainless steels, highly alloyed special steels for resistance to wear and tear, shocks, heat and corrosion, and cast parts made of these steels and alloys, namely, crusher hammers, cooler grates, cones crusher parts and teeth for cutter heads used in the gravel pit industry; unwrought or semi-wrought cast iron, alloys of cast iron, highly alloyed special cast irons for resistance to wear and tear, shocks, heat and corrosion, and cast parts made of these cast irons and alloys, namely, crusher hammers, cooler grates, cones crusher parts and teeth for cutter heads used in the gravel pit industry; fireplace grates in the nature of sinter strand grates, valves of stainless steels other than parts of machines, special metal plugs; alloys of common metal, namely, metal/ceramic composite material intended for the manufacture of reinforced foundry parts; grinding elements of metal/ceramic alloy for industrial grinders, namely, grinding balls, grinding rods, grinding rollers, grinding tables and grinding beads made of metal/ceramic alloy for use in milling processes; metal chains for furnaces

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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Andrew J. Heinisch of Reinhart Boerner & Van Deuren P.C., having an address of
2215 Perrygreen Way Rockford, Illinois 61107
United States
rockmail@reinhartlaw.com
815-633-5300
815-654-5770
The attorney docket/reference number is 509313 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
PRONOVEM - MEYERS & VAN MALDEREN
261, ROUTE D'ARLON, B.P. 111
L-8002 STRASSEN
LU

Proposed:
Andrew J. Heinisch of Reinhart Boerner Van Deuren P.C., having an address of
2215 Perrygreen Way Rockford, Illinois 61107
United States
rockmail@reinhartlaw.com
815-633-5300
815-654-5770
The docket/reference number is 509313 .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "NEOX" in blue. A curved red line forms part of the upper X in "NEOX.

SIGNATURE(S)
Response Signature
Signature: /Andrew J. Heinisch/     Date: 07/26/2012
Signatory's Name: Andrew J. Heinisch
Signatory's Position: Attorney of record/IL bar member

Signatory's Phone Number: 815-654-5770

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.

Mailing Address:    Andrew J. Heinisch
   Reinhart Boerner Van Deuren P.C.
   2215 Perrygreen Way
   Rockford, Illinois 61107
        
Serial Number: 79110904
Internet Transmission Date: Thu Jul 26 16:55:18 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201207261655187
34785-79110904-490a6885c2cb68bbd29f4f835
87403d63a8-N/A-N/A-20120726155941163773