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. 79228180 FMT(Standard Characters, see http://uspto.report/TM/79228180/mark.png) has been amended as follows:

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

                  This is in response to the Office action mailed April 2, 2018 initially refusing registration of Applicant’s mark under section 2(d) of the Lanham Act, based on an alleged likelihood of confusion with the mark of Registration Nos. 4,557,579 and 4,575,932 for FMT (the “Registrations”).

                Applicant respectfully requests that there is no likelihood of confusion between Applicant’s mark FMT and the mark of the Registrations because the goods sold under the respective marks travel through different trade channels and to different classes of customers in different marketing environments. Because of the difference in the goods and the trade channels which leads to distinct commercial impressions, the fact that the marks are identical is not dispositive of the likelihood of confusion.

                Applicant’s goods consist of pumps, pump management systems (including software), and parts and accessories for pumps and fueling stations only for diesel and heating oil, DEF/AdBlue Urea (as a fuel), diesel exhaust fluid, chemical fluids, and water. The identification of goods as amended reflects the relevant trade channels through which the goods are sold, in addition to the specific purpose and use of the goods. Examples of the goods sold under Applicant’s mark from Applicant’s website and catalogue are included as Exhibit A to further demonstrate the purpose of Applicant’s goods and the trade channels through which they are sold. The pumps and related goods sold by Applicant under the FMT mark are used by garages, service stations, farmers, and other industrial customers who have the need for regular access to fuels. The goods are sold directly through Applicant’s sales team, or through specialized third party vendors that sell fuel-related pumps and products. See, Exhibit B.   

                Applicant’s goods are highly specialized, costly, and purchased by sophisticated customers who understand the functions of Applicant’s products and the technical data associated with each product. “There is always less likelihood of confusion where goods are expensive and purchased after careful consideration.” Electronic Design & Sales Inc. v. Electronic Data Systems Corp., 21 USPQ 2d at 1392, citing Astra Pharmaceutical Products v. Beckman Instruments, 718 F. 2d 1201 (1^st Cir. 1983). This one factor can weigh heavily in Applicant’s favor if the goods are specific, expensive, and purchased by sophisticated purchasers. All. Tech. Servs. Inc., 2006 WL 2558023 (Aug. 16, 2006); see also Dynamics Research Corp. v. Langenau Mfg. Co., 704 F2d. 1575 (Fed. Cir. 1983) (where the Court affirmed that because the goods were sufficiently different and sold to different, discriminating customers, there is no likelihood of confusion even though both parties used the identical mark DRC).

                The goods sold by the Registrant under its FMT mark are also highly specialized, but are targeted to different customers and sold through distinct trade channels. All of the goods sold under the Registrant’s FMT marks are used in metalworking and metal cutting. See, examples of and descriptions of the goods sold through Registrant’s website in Exhibit C. The FMT oil and lubricants are meant to lubricate the metal-cutting tools. See, Exhibit C. The FMT goods are only distributed by Registrant as an exclusive brand, on its website and through its catalogue and retail outlets. See, Exhibit D for excerpts from Registrant’s catalogue of exclusive brands and use of FMT in connection with metalworking tools.  

                The fact that the marks are identical is not dispositive of the issue of likelihood of confusion. “The use of identical, even dominant, words in common does not automatically mean that the two marks are similar … Rather in analyzing the similarities of sight, sound, and meaning between two marks, a court must look to the overall impression created by the marks and not merely compare individual features.” General Mills v. Kellogg Co., 824 F.2d 622, 627 (8^th Cir. 1987). The entirety of the marks must be considered in “the marketing environment in which a purchaser normally encounters” them. In re Sydel Lingerie Co., Ltd. 197 USPQ 629,630 (TTAB 1997); see also In re Sears, Roebuck & Co., 2 USPQ 2d 1312, 1314 (TTAB 1987) (where CROSSOVER for brassieres and CROSSOVER for ladies’ sportswear were found to create different commercial impressions as a result of their different meanings when applied to the respective goods despite being identical marks and despite being applied for in the same class of goods).

                Although the marks are identical, when used with the distinct goods and in the distinct channels of trade, they have different commercial impressions. FMT in the context of Applicant’s mark is Fluid Management Technologies, emphasizing the use of Applicant’s goods with fuel and fuel management systems. See, Exhibit A. FMT in connection with Registrant’s goods seems to signify Fastenal Metalworking Tools. See, Exhibit D. The sophisticated purchasers would understand the different commercial impression of each mark, particularly in the different marketing environments in which the marks are employed. See, e.g. Dynamics Research Corp; In re Sears, supra.

                As Applicant has now satisfied the issued raised in the Office Action, Applicant respectfully requests that the Examining Attorney withdraw the refusal under Section 2(d) in light of the arguments, evidence, and case law presented above, and approve the mark of the instant application for publication.

               

EVIDENCE
Evidence in the nature of evidence referenced in the argument has been attached.
Original PDF file:
evi_20965164192-20181001170056128296_._M1814939.PDF
Converted PDF file(s) ( 13 pages)
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Original PDF file:
evi_20965164192-20181001170056128296_._M1814940.PDF
Converted PDF file(s) ( 4 pages)
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Original PDF file:
evi_20965164192-20181001170056128296_._M1814937.PDF
Converted PDF file(s) ( 12 pages)
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Original PDF file:
evi_20965164192-20181001170056128296_._M1814931.PDF
Converted PDF file(s) ( 7 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Ducts, pipes and hoses, and fittings therefor, including valves, of metal; non-mechanical hoppers of metal; grease nipples; tanks of metal; canisters, oil storage cans, tub containers, oil sumps for barrel storage and storage tanks, all of the aforesaid consisting of metal; hand-operated valves of metal; metal valves for regulating flow rate in pipelines; valve parts of metal (other than parts of machines); filler valves of metal; rotary joints of metal; valve holders of metal; fittings of metal for compressed air ducts and pipes; adapters of metal for pipes; clips of metal for pipes and ducts; rotating junctions of metal for pipes; hose reels of metal (non-mechanical); pipe clamps of metal; connectors of metal for pipes and ducts; clips of metal for pipes; hinges of metal for fastening pipes and ducts; pipe spacers of metal; pipe extensions of metal; hose hangers of metal; non-mechanical reels of metal for flexible hoses; hose clamps of metal; hose fittings of metal; suction pipes and strainers of metal; screw bungs of metal; filters of metal
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: Ducts, pipes and hoses, and fittings therefor, including valves, of metal; Ducts, namely, metal ducts for ventilation, pipes, namely, pipes of metal and hoses, namely, industrial metal hoses, and fittings therefor, including valves, of metal, namely, valves of metal, other than parts of machines; non-mechanical hoppers of metal; grease nipples; tanks of metal; tanks of metal, namely, metal storage tanks; canisters, oil storage cans, tub containers, oil sumps for barrel storage and storage tanks, all of the aforesaid consisting of metal; canisters, namely, metal storage canisters in the nature of metal storage containers sold empty, oil storage cans, namely, metal oil cans in the nature of metal oil storage tanks sold empty, tub containers, namely, metal tubs, oil sumps, namely, metal oil sumps for barrel storage and storage tanks not being parts of machines to prevent liquid flow in a determined direction, all of the aforesaid goods consisting primarily of metal; hand-operated valves of metal; hand-operated valves of metal, namely, manually operated metal valves; metal valves for regulating flow rate in pipelines; metal valves not being parts of machines for regulating flow rate in pipelines; valve parts of metal (other than parts of machines); valve parts of metal other than parts of machines; filler valves of metal; filler valves of metal, namely, manually operated metal filler valves; rotary joints of metal; rotary joints of metal, namely, metal rotary joints, not being parts of machines; valve holders of metal; valve holders of metal, namely, metal valve holders, not being parts of machines; fittings of metal for compressed air ducts and pipes; adapters of metal for pipes; clips of metal for pipes and ducts; rotating junctions of metal for pipes; hose reels of metal (non-mechanical); non-mechanical hose reels of metal for flexible hoses, namely, for dispensing fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; pipe clamps of metal; connectors of metal for pipes and ducts; clips of metal for pipes; hinges of metal for fastening pipes and ducts; pipe spacers of metal; pipe spacers in the nature of spacer brackets of metal; pipe extensions of metal; hose hangers of metal; pipe extensions of metal, namely, metal pipe extensions for connecting pipes; non-mechanical reels of metal for flexible hoses; hose clamps of metal; hose fittings of metal; suction pipes and strainers of metal; metal suction pipes and strainers of metal for flexible hoses used for dispensing, transporting and conveying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water, not for medical purposes; screw bungs of metal; screw bungs of metal, namely, bungs for barrels for sealing containers storing fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; filters of metal; Filters of metal used for filtration of fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; all of the aforementioned goods for use in the field of fuel, oil, diesel, diesel exhaust fluid, fuel additives and urea management systemsClass 006 for Ducts, namely, metal ducts for ventilation, pipes, namely, pipes of metal and hoses, namely, industrial metal hoses, and fittings therefor, including valves, of metal, namely, valves of metal, other than parts of machines; non-mechanical hoppers of metal; grease nipples; tanks of metal, namely, metal storage tanks; canisters, namely, metal storage canisters in the nature of metal storage containers sold empty, oil storage cans, namely, metal oil cans in the nature of metal oil storage tanks sold empty, tub containers, namely, metal tubs, oil sumps, namely, metal oil sumps for barrel storage and storage tanks not being parts of machines to prevent liquid flow in a determined direction, all of the aforesaid goods consisting primarily of metal; hand-operated valves of metal, namely, manually operated metal valves; metal valves not being parts of machines for regulating flow rate in pipelines; valve parts of metal other than parts of machines; filler valves of metal, namely, manually operated metal filler valves; rotary joints of metal, namely, metal rotary joints, not being parts of machines; valve holders of metal, namely, metal valve holders, not being parts of machines; fittings of metal for compressed air ducts and pipes; adapters of metal for pipes; clips of metal for pipes and ducts; rotating junctions of metal for pipes; non-mechanical hose reels of metal for flexible hoses, namely, for dispensing fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; pipe clamps of metal; connectors of metal for pipes and ducts; clips of metal for pipes; hinges of metal for fastening pipes and ducts; pipe spacers in the nature of spacer brackets of metal; hose hangers of metal; pipe extensions of metal, namely, metal pipe extensions for connecting pipes; non-mechanical reels of metal for flexible hoses; hose clamps of metal; hose fittings of metal; metal suction pipes and strainers of metal for flexible hoses used for dispensing, transporting and conveying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water, not for medical purposes; screw bungs of metal, namely, bungs for barrels for sealing containers storing fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; Filters of metal used for filtration of fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; all of the aforementioned goods for use in the field of fuel, oil, diesel, diesel exhaust fluid, fuel additives and urea management systems

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 007 for Pumps (machines); pumping installations and pump sets for conveying fuels, in particular oil, diesel and urea; lubricant pumps; pneumatic pumps; electric pumps; electric pumps for fuels; electric diaphragm pumps; diaphragm pumps; filling machines; dispensing pumps; pump nozzles; service station management systems consisting of self-regulation fuel pumps; filters for machines; filters (parts of machines, motors or engines); hoppers (mechanical discharging); water separators for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; mobile waste oil drainers and mobile waste oil suction apparatus; lubricating installations (parts of machines); mechanical grease filling pumps (apparatus); mechanical grease guns; mechanical lubricating guns; compressed air grease guns; pneumatic grease guns; electrically operated lubricant dispensers for machines; pressure regulators for lubricating installations; fittings for pumps, pump installations and dispensing installations, namely, high-pressure hose pipes, mouthpieces, gripper couplings, pipe joints, filler valves (parts of machines), discharge hoses, hose clips and outlet manifolds (parts of machines); mechanical hose reels; valves in the form of parts for machines; valves in the form of parts for pumps; mechanical valves for regulating flow rate; mechanical lubricating cans (oilers); mechanical spray cans; mechanical liquid sprayers for industrial and domestic use; compressed air fittings of metal, namely, quick release couplings, nozzles for hose pipes, shaped parts, valves, pressure reducers, air lubricators, water separators, all of the aforesaid for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; fuel nozzles
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: Pumps (machines); Pumps, namely, pumps for machines; pumping installations and pump sets for conveying fuels, in particular oil, diesel and urea; pumping installations, namely, centrifugal, electric, hydraulic, pneumatic pumps for machines for dispensing, transporting and conveying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water and pump sets, namely, motor driven pumping machine with impellers for dispensing and conveying fuels, in particular oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water for use by service stations, garages, farmers, and industry; lubricant pumps; lubricant pumps, namely, lubricating pumps; pneumatic pumps; electric pumps; electric pumps for fuels; electric diaphragm pumps; electric diaphragm pumps, namely, electric pump diaphragms; diaphragm pumps; diaphragm pumps, namely, pump diaphragms; filling machines; dispensing pumps; dispensing pumps, namely, fuel dispensing pumps for use by service stations, garages, farmers, and industry; pump nozzles; pump nozzles in the nature of a machine part for use as part of a pump; service station management systems consisting of self-regulation fuel pumps; filter systems, in particular water filters for diesel, namely, sub-micron fuel filters for diesel exhaust fluid; filters for machines; mechanical discharging hoppers; filters (parts of machines, motors or engines); water separators in the nature of oil-water separators for pneumatic controls being parts of machines for use in pneumatic apparatus, in particular, compressed air grease guns and pneumatic motor pumps; hoppers (mechanical discharging); mobile waste oil drainers in the nature of pumps and being parts of machines and mobile waste oil suction apparatus in the nature of suction pumps and being parts of machines; water separators for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; lubricating installations in the nature of power-operated lubricant dispensers for machines being parts of machines; mobile waste oil drainers and mobile waste oil suction apparatus; lubricating installations in the nature of power-operated lubricant dispensers for machines being parts of machines; lubricating installations (parts of machines); mechanical grease filling pumps, namely, mechanically-operated grease-dispensing pumps; mechanical grease filling pumps (apparatus); mechanical, namely, mechanically-operated lubricating guns; mechanical grease guns; compressed air grease guns, namely, pneumatic grease guns; mechanical lubricating guns; pneumatic grease guns; compressed air grease guns; electrically operated lubricant dispensers for machines; pressure regulators being parts of machines for lubricating installations in the nature of lubricating pumps and lubrication machines; fittings for pumps, pump installations and dispensing installations, namely, high-pressure hose pipes, mouthpieces, gripper couplings, pipe joints, filler valves being parts of machines, discharge hoses, hose clips and outlet manifolds being parts of machines; pressure regulators for lubricating installations; mechanical hose reels, namely, power-operated hose reels; fittings for pumps, pump installations and dispensing installations, namely, high-pressure hose pipes, mouthpieces, gripper couplings, pipe joints, filler valves (parts of machines), discharge hoses, hose clips and outlet manifolds (parts of machines); valves being parts for machines; mechanical hose reels; valves being parts for pumps; valves in the form of parts for machines; mechanical valves as machine components for regulating flow rate; valves in the form of parts for pumps; mechanical lubricating cans being oilers in the nature of power-operated lubricant dispensers for machines and lubrication machines; mechanical valves for regulating flow rate; mechanical spray cans in the nature of spray guns for spraying paint, fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; mechanical lubricating cans (oilers); mechanical liquid sprayers in the nature of spray guns for spraying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water for industrial and domestic use; mechanical spray cans; parts for compressed-air machines, namely, compressed air fittings of metal, namely, quick release couplings, nozzles for hose pipes, shaped parts, valves, pressure reducers, air lubricators, water separators, all of the aforesaid for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; mechanical liquid sprayers for industrial and domestic use; mechanical fuel nozzles for liquids, namely, for use with liquid fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, and chemical fluids and water, all of the aforementioned liquids being used as fuels; compressed air fittings of metal, namely, quick release couplings, nozzles for hose pipes, shaped parts, valves, pressure reducers, air lubricators, water separators, all of the aforesaid for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; fuel nozzlesClass 007 for Pumps, namely, pumps for machines; pumping installations, namely, centrifugal, electric, hydraulic, pneumatic pumps for machines for dispensing, transporting and conveying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water and pump sets, namely, motor driven pumping machine with impellers for dispensing and conveying fuels, in particular oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water for use by service stations, garages, farmers, and industry; lubricant pumps, namely, lubricating pumps; pneumatic pumps; electric pumps; electric pumps for fuels; electric diaphragm pumps, namely, electric pump diaphragms; diaphragm pumps, namely, pump diaphragms; filling machines; dispensing pumps, namely, fuel dispensing pumps for use by service stations, garages, farmers, and industry; pump nozzles in the nature of a machine part for use as part of a pump; filter systems, in particular water filters for diesel, namely, sub-micron fuel filters for diesel exhaust fluid; mechanical discharging hoppers; water separators in the nature of oil-water separators for pneumatic controls being parts of machines for use in pneumatic apparatus, in particular, compressed air grease guns and pneumatic motor pumps; mobile waste oil drainers in the nature of pumps and being parts of machines and mobile waste oil suction apparatus in the nature of suction pumps and being parts of machines; lubricating installations in the nature of power-operated lubricant dispensers for machines being parts of machines; lubricating installations in the nature of power-operated lubricant dispensers for machines being parts of machines; mechanical grease filling pumps, namely, mechanically-operated grease-dispensing pumps; mechanical, namely, mechanically-operated lubricating guns; compressed air grease guns, namely, pneumatic grease guns; pneumatic grease guns; electrically operated lubricant dispensers for machines; pressure regulators being parts of machines for lubricating installations in the nature of lubricating pumps and lubrication machines; fittings for pumps, pump installations and dispensing installations, namely, high-pressure hose pipes, mouthpieces, gripper couplings, pipe joints, filler valves being parts of machines, discharge hoses, hose clips and outlet manifolds being parts of machines; mechanical hose reels, namely, power-operated hose reels; valves being parts for machines; valves being parts for pumps; mechanical valves as machine components for regulating flow rate; mechanical lubricating cans being oilers in the nature of power-operated lubricant dispensers for machines and lubrication machines; mechanical spray cans in the nature of spray guns for spraying paint, fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water; mechanical liquid sprayers in the nature of spray guns for spraying fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, chemical fluids and water for industrial and domestic use; parts for compressed-air machines, namely, compressed air fittings of metal, namely, quick release couplings, nozzles for hose pipes, shaped parts, valves, pressure reducers, air lubricators, water separators, all of the aforesaid for pneumatic apparatus, in particular compressed air grease guns and pneumatic motor pumps; mechanical fuel nozzles for liquids, namely, for use with liquid fuel, oil, diesel, diesel exhaust fluid, fuel additives, urea, and chemical fluids and water, all of the aforementioned liquids being used as fuels

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 009 for Software for service station management systems and for diesel and oil management systems; measuring, counting, aligning and calibrating instruments; measuring devices and measuring apparatus; computer software used for remotely reading measuring devices; electronic and mechanical quantity counters, in particular volume counters; turbine meters; tally counters for oil and diesel; manometers; electronic and mechanical oil measurement apparatus; water meters; measuring cups; measuring cups of metal
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: Software for service station management systems and for diesel and oil management systems; Software for the operation and management of disbursement of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water for use in the fields of service stations, garages, farming and industry; measuring, counting, aligning and calibrating instruments; measuring instruments for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, counting instruments for counting the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, calibrating instruments for calibrating the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water; measuring devices and measuring apparatus; measuring devices for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, and measuring apparatus for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water; computer software used for remotely reading measuring devices; computer software for use in remotely reading measuring devices, namely, electronic measuring apparatus and instruments for measuring the quantity and volume flow of liquids for use in the fields of automobile service stations, garages, farming, and industry; electronic and mechanical quantity counters, in particular volume counters; electronic and mechanical quantity counters, in particular volume counters, namely, electronic and mechanical meters for counting the quantity and volume of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water counters; turbine meters; turbine meters, namely, turbine flow meters for measuring the velocity of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water turbine meters; tally counters for oil and diesel; tally counters, namely built-in, hand-held and turbine operating meters for oil and diesel fuel, namely, tally counters for measuring the disbursement of oil and diesel fuels; manometers; electronic and mechanical oil measurement apparatus; electronic and mechanical oil measurement apparatus, namely, electronic and mechanical apparatus, namely, built-in, hand-held and turbine operating meters for measuring the volume, the moisture content, and the pressure of oil; water meters; measuring cups; measuring cups of metalClass 009 for Software for the operation and management of disbursement of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water for use in the fields of service stations, garages, farming and industry; measuring instruments for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, counting instruments for counting the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, calibrating instruments for calibrating the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water; measuring devices for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water, and measuring apparatus for measuring the quantity and volume flow of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water; computer software for use in remotely reading measuring devices, namely, electronic measuring apparatus and instruments for measuring the quantity and volume flow of liquids for use in the fields of automobile service stations, garages, farming, and industry; electronic and mechanical quantity counters, in particular volume counters, namely, electronic and mechanical meters for counting the quantity and volume of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water counters; turbine meters, namely, turbine flow meters for measuring the velocity of fuel, oil, diesel, diesel exhaust fluid, urea, chemical fluids, and water turbine meters; tally counters, namely built-in, hand-held and turbine operating meters for oil and diesel fuel, namely, tally counters for measuring the disbursement of oil and diesel fuels; manometers; electronic and mechanical oil measurement apparatus, namely, electronic and mechanical apparatus, namely, built-in, hand-held and turbine operating meters for measuring the volume, the moisture content, and the pressure of oil; water meters; measuring cups; measuring cups of metal

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
Significance of wording, letter(s), or numeral(s)
FMT appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Jenna P. Torres/     Date: 10/01/2018
Signatory's Name: Jenna P. Torres
Signatory's Position: Associate Attorney, Eckert Seamans, PA bar member

Signatory's Phone Number: 215-851-8408

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.

        
Serial Number: 79228180
Internet Transmission Date: Mon Oct 01 17:25:31 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201810011725315
64709-79228180-610365697a6814366fc4d72af
3f57bc3ace5785b4570f4142284c01294b2aded6
3-N/A-N/A-20181001170056128296