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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79216954 MICRON (Stylized and/or with Design, see http://uspto.report/TM/79216954/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section

EVIDENCE

Original PDF file:
evi_6784206115-20180406162420421069_._Response_1782.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 004 for Industrial oils; lubricating oil; motor oil

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Electric hand drills; electric drills; soldering blow pipes, gas-operated; welding torches, electric; gas-operated blow torches; sewing machines; glue guns, electric; tagging gun power tools; rivet guns power tools
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: Electric hand drills; Electric drills; Soldering blow pipes, gas-operated; Welding torches, electric; Gas-operated blow torches; Sewing machines; Glue guns, electric; tagging gun power tools; Power tools, namely, tagging gun; rivet guns power tools; Power tools, namely, rivet gunsClass 007 for Electric hand drills; Electric drills; Soldering blow pipes, gas-operated; Welding torches, electric; Gas-operated blow torches; Sewing machines; Glue guns, electric; Power tools, namely, tagging gun; Power tools, namely, rivet guns

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Abrading instruments hand instruments; awls; bits parts of hand tools; blades hand tools; bow saws; cutters; cutting tools; draw wires hand tools; drills; embossers hand tools; emery files; engraving needles; files tools; goffering irons; graving tools hand tools; hammers hand tools; handsaws; hoop cutters hand tools; knives; taps hand tools; polishing irons glazing tools; riveting hammers hand tools; saws hand tools; screwdrivers; sharpening steels; shovels hand tools; spatulas hand tools; spoons; stamping-out tools hand tools; stamps hand tools; sharpening stones; table cutlery knives, forks and spoons; trowels gardening; tweezers; vices
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: Abrading instruments hand instruments; Abrading tools; awls; Hand tools, namely, awls; bits parts of hand tools; Bits being parts of hand tools, namely, drill bits for hand drills; blades hand tools; Blades for hand tools, namely, blades for manually-operated tools, shaving blades, blades for electric razors, blades for hand saws; Bow saws; cutters; Cutters, namely, wire cutters, glass cutters, cake cutters, box cutters, cutters for wine bottle foil hand-operated, cutter bars, pizza cutters non-electric, miter cutters being hand tools; cutting tools; Hand-operated cutting tools; draw wires hand tools; Draw wires being hand tools, Hand tools, namely, drills; drills; Embossers, namely, hand-operated press machines for paper making, book binding, embossing and relief and intaglio printing; embossers hand tools; Emery files; Engraving needles; Hand tools, namely, files; files tools; Goffering Irons; Hand tools, namely, graving tools; graving tools hand tools; Hand tools, namely hammers; hammers hand tools; Handsaws; Hand tools, namely, hoop cutters; hoop cutters hand tools; Knives; Hand tools, namely, taps; taps hand tools; Hand tools, namely, polishing irons; polishing irons glazing tools; Hand tools, namely riveting hammers; riveting hammers hand tools; Hand tools, namely, saws; saws hand tools; Hand tools, namely, screwdrivers; screwdrivers; Sharpening steels; Hand tools, namely, shovels; shovels hand tools; Hand tools, namely, spatulas, spoons; spatulas hand tools; Hand tools, namely, stamping-out-tools; spoons; Hand tools, namely, stamps; stamping-out tools hand tools; Sharpening stones; stamps hand tools; Table cutlery, namely, knives, forks and spoons; Gardening trowels; table cutlery knives, forks and spoons; Tweezers; trowels gardening; VicesClass 008 for Abrading tools; Hand tools, namely, awls; Bits being parts of hand tools, namely, drill bits for hand drills; Blades for hand tools, namely, blades for manually-operated tools, shaving blades, blades for electric razors, blades for hand saws; Bow saws; Cutters, namely, wire cutters, glass cutters, cake cutters, box cutters, cutters for wine bottle foil hand-operated, cutter bars, pizza cutters non-electric, miter cutters being hand tools; Hand-operated cutting tools; Draw wires being hand tools, Hand tools, namely, drills; Embossers, namely, hand-operated press machines for paper making, book binding, embossing and relief and intaglio printing; Emery files; Engraving needles; Hand tools, namely, files; Goffering Irons; Hand tools, namely, graving tools; Hand tools, namely hammers; Handsaws; Hand tools, namely, hoop cutters; Knives; Hand tools, namely, taps; Hand tools, namely, polishing irons; Hand tools, namely riveting hammers; Hand tools, namely, saws; Hand tools, namely, screwdrivers; Sharpening steels; Hand tools, namely, shovels; Hand tools, namely, spatulas, spoons; Hand tools, namely, stamping-out-tools; Hand tools, namely, stamps; Sharpening stones; Table cutlery, namely, knives, forks and spoons; Gardening trowels; Tweezers; Vices

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Burners; electric indoor grills; lampshade holders; lighters; evaporators; torches; miniature light bulbs; compact fluorescent light bulbs CFLs
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: Burners; Burners, namely, gas burners, burners for lamps, Bunsen burners for laboratory use, alcohol fuel burners for starting barbeque grills; Electric indoor grills; Lampshade holders; lighters; Lighters, namely, utility lighters for lighting grills, fireplaces and candles, friction lighters for igniting Bunsen burners, friction lighters for igniting gas; evaporators; Evaporators, namely, evaporative air coolers, cooling evaporators, evaporators for air conditioners; torches; Torches, namely, electric torches for lighting, propane torch for clearing vegetation, butane torches for cooking; Miniature light bulbs; compact fluorescent light bulbs CFLs; Compact fluorescent light bulbs (CFLs)Class 011 for Burners, namely, gas burners, burners for lamps, Bunsen burners for laboratory use, alcohol fuel burners for starting barbeque grills; Electric indoor grills; Lampshade holders; Lighters, namely, utility lighters for lighting grills, fireplaces and candles, friction lighters for igniting Bunsen burners, friction lighters for igniting gas; Evaporators, namely, evaporative air coolers, cooling evaporators, evaporators for air conditioners; Torches, namely, electric torches for lighting, propane torch for clearing vegetation, butane torches for cooking; Miniature light bulbs; Compact fluorescent light bulbs (CFLs)

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Adhesives glues for stationery or household purposes; adhesive tapes for stationery or household purposes; appliques in the form of decalcomanias; aquarelles; bags envelopes, pouches of paper or plastics, for packaging; calendered paper; canvas for painting; cardboard articles; covers stationery; document holders stationery; figurines statuettes of papier mâché; goffered paper; holders for checkbooks cheque books; labels, not of textile; laminated paper; luminous paper; modelling clay; modelling materials; modelling paste; modelling wax, not for dental purposes; napkins of paper; packaging material made of starches; packing paper; book-cover paper; calligraphy paper; paper for catalogues; envelope paper; label paper; magazine paper; notebook paper; postcard paper; reproduction paper; paper sheets stationery; parchment paper; passport holders; patterns for making clothes; bookends; photograph stands; pen cases; plastics for modelling; plotting paper; printing paper; drawing rulers; painting sets for artists; stencil plates; stickers stationery; table napkins of paper; tracing paper; waxed paper; wood pulp paper; wrapping paper
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: Adhesives glues for stationery or household purposes; Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; bags envelopes, pouches of paper or plastics, for packaging; Bags of paper or plastics, for packaging; calendered paper; Canvas for paintings; canvas for painting; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; cardboard articles; Figurines, statuettes, of papier mâché; covers stationery; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; document holders stationery; Modelling clay; figurines statuettes of papier mâché; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; goffered paper; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; holders for checkbooks cheque books; Printed patterns for making clothes; labels, not of textile; Bookends; laminated paper; Photograph stands; luminous paper; Modeling compounds, namely, plastics for modelling; Painting sets for artists; modelling materials; Stencil plates; modelling paste; Stickers; modelling wax, not for dental purposes; Table napkins of paper; napkins of paper; packaging material made of starches; packing paper; book-cover paper; calligraphy paper; paper for catalogues; envelope paper; label paper; magazine paper; notebook paper; postcard paper; reproduction paper; paper sheets stationery; parchment paper; passport holders; patterns for making clothes; pen cases; plastics for modelling; plotting paper; printing paper; drawing rulers; stickers stationery; tracing paper; waxed paper; wood pulp paper; wrapping paperClass 016 for Adhesives for stationery or household purposes, namely, glue for stationery or household use; adhesive tapes for stationery or household purposes; Appliques in the form of decalcomanias; Aquarelles; Bags of paper or plastics, for packaging; Canvas for paintings; Cardboard articles, namely, cardboard boxes, cardboard containers, cardboard packaging, cardboard carries for food and beverages; Figurines, statuettes, of papier mâché; Labels, not of textile, namely, adhesive labels, blank or partially printed paper labels, labels of paper or cardboard, plastic labels; Modelling clay; Modeling materials, namely, polymer modeling clay, modeling paste, modeling dough, modeling wax not for dental purposes, modeling compounds for use by children; Packaging material made of starches, namely, packaging and containers comprised of starch-based materials in the nature of a paper substitute for food, beverages and consumer products; Printed patterns for making clothes; Bookends; Photograph stands; Modeling compounds, namely, plastics for modelling; Painting sets for artists; Stencil plates; Stickers; Table napkins of paper

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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Chromium plating; cloth cutting; cloth edging; colour separation services; silkscreen printing; firing pottery; framing of works of art; laser scribing; material treatment information; paper treating; photographic printing; photogravure; printing; silver-plating; wool treating
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: Chromium plating; Cloth cutting; Cloth edging; Colour separation services; Silkscreen printing; Firing pottery; Framing of works of art; laser scribing; Laser scribing of glass, wood, aluminum, textiles, plastic material, leather, ivory, metals, ceramics; material treatment information; Providing material treatment information; Paper treating; Photographic printing; Photogravure; printing; Printing services; Silver-plating; Wool treatingClass 040 for Chromium plating; Cloth cutting; Cloth edging; Colour separation services; Silkscreen printing; Firing pottery; Framing of works of art; Laser scribing of glass, wood, aluminum, textiles, plastic material, leather, ivory, metals, ceramics; Providing material treatment information; Paper treating; Photographic printing; Photogravure; Printing services; Silver-plating; Wool treating

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:
Lawrence G. Fridman of FEIGIN & FRIDMAN, LLC, having an address of
1037 Route 46 East, Suite 107 Clifton, New Jersey 07013
United States
larry@feiginandfridman.com
973-779-2580
973-779-4473
The attorney docket/reference number is F1782 .


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
KUTINA Elena Nikolaevna
ul. 5-ya Kabelnaya, 3
RU-111024 Moscow
RU

Proposed:
Lawrence G. Fridman of FEIGIN & FRIDMAN, LLC, having an address of
1037 Route 46 East, Suite 107 Clifton, New Jersey 07013
United States
larry@feiginandfridman.com
973-779-2580
973-779-4473
The docket/reference number is F1782 .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of a design of two polygons with zig zag lines at the top, with a larger one at the bottom containing Cyrillic characters and the smaller polygon at the top. The word "MICRON" in a stylized font is to the right.

Transliterations
The non-Latin characters in the mark transliterate to MIKRON and this means MICRON in English.


SIGNATURE(S)
Response Signature
Signature: / Lawrence Fridman /     Date: 04/06/2018
Signatory's Name: Lawrence G. Fridman
Signatory's Position: Attorney of record, District of Columbia bar member

Signatory's Phone Number: 973-779-2580

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.

Mailing Address:    Lawrence G. Fridman
   FEIGIN & FRIDMAN, LLC
   1037 Route 46 East, Suite 107
   Clifton, New Jersey 07013
        
Serial Number: 79216954
Internet Transmission Date: Fri Apr 06 16:49:50 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2018040616495055
1976-79216954-510b59dfa19bbd7b6eba11518c
a89675ff746794231c834b4a1fcead8a180d187-
N/A-N/A-20180406162420421069