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. 79266822 CRESCENDO (Stylized and/or with Design, see http://uspto.report/TM/79266822/mark.png) has been amended as follows:

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

Applicant believes that the revised description of goods and services as submitted with this response is sufficient to remove any likelihood of confusion and therefore respectfully requests that the refusal under Section 2(d) be withdrawn. The Examining Attorney has requested information regarding ?machines for dosing components or liquid,? ?potting machines [coating]? and ?industrial testing and checking machines?. Applicant responds that some of Applicant's goods comprise machines used to manufacture and test electronic components. These machines may dispense liquid, such as liquid solder or solvent, onto electronic devices during manufacture. Potting machines are used to encase one or more electronic components or an entire electronic device or module in a thermoplastic, in a manner that protects the device and provides security against third parties reverse engineering the design by examination of a finished product. Testing and checking machines verify the proper functioning of electronic components after manufacturing steps are completed. By providing these explanations, Applicant does not intend to limit the scope of its application or the meaning of the goods and services as provided in the application, but merely to provide explanations of commonly understood terms within Applicant's industry, which are also applicable to some of the goods and services provided by Application under the subject mark. As further support, Applicant provides a page from Applicant's website which gives further details and photographs.

EVIDENCE
Evidence in the nature of Web page with product information 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 007 for Machine tools; machines for dosing components or liquid; potting machines [coating]; machines for assembling by means of gluing; machines for assembling by means of sealing; headforming machines; machines for screwing; soldering machines; riveting machines; crimping machines; welding machines; sizing machines; pressing machines; machines for marking; machines for assembling by means of press-fit [non-weld assembly]; machines for dispensing sealant and thermal paste; industrial robots; robots for use in industry; robots for machine tools; machines for automatic, semi-automatic or manual testing, assembly or packaging; continuous motion machines; automatic or semi-automatic industrial production lines [machines]; multi-terminal assembly machines with a rotating platform; mills [machines]; cutters [machines]; cutting machines; machines for processing materials; rotary printing presses; control mechanisms for machines, engines or motors; driving chains other than for land vehicles; industrial testing and checking machines; axles [parts of machines]; tools [machine parts]; blades [parts of machines]; chucks [parts of machines]; rotary tables for machine tools; belts for machines; brushes [machines]; molds [parts of machines]; stators being parts of machines
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: Machine tools; Machine tools, namely, metalworking machines tools, excluding sewing and embroidery machines; machines for dosing components or liquid; Machines for dispensing liquids onto industrial components during manufacturing; potting machines [coating]; Potting machines, namely, industrial machines that coat electronic components with a thermoplastic resin during manufacturing process; machines for assembling by means of gluing; industrial machines for assembling by means of gluing; machines for assembling by means of sealing; industrial machines for assembling by means of sealing; headforming machines; headforming machines for metalworking; machines for screwing; Machines for screwing of caps and corks of containers, namely, bottles, flasks, cans; soldering machines; autogenous soldering machines; riveting machines; crimping machines; welding machines; Electric, gas and laser welding machines; sizing machines; Sizing machines in the nature of machine that apply sizing substances to textiles or papers during a manufacturing process; pressing machines; Pressing machines in the nature of metal stamping machines used to manufacture small metal parts, juicing machines used to squeeze fruit and vegetables, and clothing presses; machines for marking; Non-weld assembly machines for assembling electronic components by means of press-fit; machines for assembling by means of press-fit [non-weld assembly]; industrial assembly machines for dispensing sealant and thermal paste; machines for dispensing sealant and thermal paste; Industrial robots excluding sewing and embroidery machines; industrial robots; Robots for use in industry, namely, industrial robots excluding sewing and embroidery machines; robots for use in industry; Industrial robots for machine tools excluding sewing and embroidery machines; robots for machine tools; Machines for automatic, semi-automatic or manual assembly or packaging, namely, packaging machines and assembling machines of components; machines for automatic, semi-automatic or manual testing, assembly or packaging; Continuous motion machines, namely, industrial manufacturing machines for creating objects from pieces of metal, wires, cables, plastic, cardboard, or paper, featuring the ability to process raw materials in a continuous manner; continuous motion machines; Automatic or semi-automatic industrial production comprised of a series of machines for stamping, cutting, rolling, and bending metal, for cutting, extruding, and coating wire and cable, for folding, gluing, and cutting cardboard and paper, for pressing, cutting, and bottling or canning foods, excluding sewing and embroidery machines; automatic or semi-automatic industrial production lines [machines]; Multi-terminal assembly machines with a rotating platform for stamping, cutting, rolling, and bending metal, for cutting, extruding, and coating wire and cable, for folding, gluing, and cutting cardboard and paper, for pressing, cutting, and bottling or canning foods, excluding sewing and embroidery machines, excluding sewing and embroidery machines; multi-terminal assembly machines with a rotating platform; milling machines; mills [machines]; Cutters being cutting machines in the nature of industrial machines for cutting metal, paper, and cardboard used as inputs for a manufacturing process; cutters [machines]; Cutting machines in the nature of industrial machines for cutting metal, paper, and cardboard used as inputs for a manufacturing process; cutting machines; Machines for processing materials, namely, machines for stamping, cutting, rolling, and bending metal, machines for cutting, extruding, and coating wire and cable, machines for folding, gluing, and cutting cardboard and paper, machines for pressing, cutting, and bottling or canning foods; machines for processing materials; rotary printing presses; Control mechanisms, namely, mechanical controls for machines, engines and motors; control mechanisms for machines, engines or motors; driving chains other than for land vehicles; axles being parts of machines; industrial testing and checking machines; Tools for use in machine-tools; axles [parts of machines]; blades being parts of machines; tools [machine parts]; chucks being parts of machines; blades [parts of machines]; rotary tables specially adapted for holding machine tools; chucks [parts of machines]; belts for machines; rotary tables for machine tools; brushes being parts of machine tools; Machine parts, namely, injection moulds and forging moulds; brushes [machines]; stators being parts of machines; molds [parts of machines]Class 007 for Machine tools, namely, metalworking machines tools, excluding sewing and embroidery machines; Machines for dispensing liquids onto industrial components during manufacturing; Potting machines, namely, industrial machines that coat electronic components with a thermoplastic resin during manufacturing process; industrial machines for assembling by means of gluing; industrial machines for assembling by means of sealing; headforming machines for metalworking; Machines for screwing of caps and corks of containers, namely, bottles, flasks, cans; autogenous soldering machines; riveting machines; crimping machines; Electric, gas and laser welding machines; Sizing machines in the nature of machine that apply sizing substances to textiles or papers during a manufacturing process; Pressing machines in the nature of metal stamping machines used to manufacture small metal parts, juicing machines used to squeeze fruit and vegetables, and clothing presses; Non-weld assembly machines for assembling electronic components by means of press-fit; industrial assembly machines for dispensing sealant and thermal paste; Industrial robots excluding sewing and embroidery machines; Robots for use in industry, namely, industrial robots excluding sewing and embroidery machines; Industrial robots for machine tools excluding sewing and embroidery machines; Machines for automatic, semi-automatic or manual assembly or packaging, namely, packaging machines and assembling machines of components; Continuous motion machines, namely, industrial manufacturing machines for creating objects from pieces of metal, wires, cables, plastic, cardboard, or paper, featuring the ability to process raw materials in a continuous manner; Automatic or semi-automatic industrial production comprised of a series of machines for stamping, cutting, rolling, and bending metal, for cutting, extruding, and coating wire and cable, for folding, gluing, and cutting cardboard and paper, for pressing, cutting, and bottling or canning foods, excluding sewing and embroidery machines; Multi-terminal assembly machines with a rotating platform for stamping, cutting, rolling, and bending metal, for cutting, extruding, and coating wire and cable, for folding, gluing, and cutting cardboard and paper, for pressing, cutting, and bottling or canning foods, excluding sewing and embroidery machines, excluding sewing and embroidery machines; milling machines; Cutters being cutting machines in the nature of industrial machines for cutting metal, paper, and cardboard used as inputs for a manufacturing process; Cutting machines in the nature of industrial machines for cutting metal, paper, and cardboard used as inputs for a manufacturing process; Machines for processing materials, namely, machines for stamping, cutting, rolling, and bending metal, machines for cutting, extruding, and coating wire and cable, machines for folding, gluing, and cutting cardboard and paper, machines for pressing, cutting, and bottling or canning foods; rotary printing presses; Control mechanisms, namely, mechanical controls for machines, engines and motors; driving chains other than for land vehicles; axles being parts of machines; Tools for use in machine-tools; blades being parts of machines; chucks being parts of machines; rotary tables specially adapted for holding machine tools; belts for machines; brushes being parts of machine tools; Machine parts, namely, injection moulds and forging moulds; stators being parts of machines

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.

The applicant hereby appoints Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean. Nicholas D. Wells of Legends Law Group, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      330 Main St.
      Kaysville, Utah 84037
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 5005.116.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com

Nicholas D. Wells submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: CABINET PLASSERAUD. CABINET PLASSERAUD, is located at

      9 avenue de l'Europe
      Parc Technologique du Canal,
      F-31520 Ramonville-Saint-Agne,
      FR

The applicants proposed correspondence information: Nicholas D. Wells. Nicholas D. Wells of Legends Law Group, PLLC, is located at

      330 Main St.
      Kaysville, Utah 84037
      United States
The docket/reference number is 5005.116.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) grey, white, and red is/are claimed as a feature of the mark.

Description of mark
The mark consists of a design comprising a cube divided into five sections that are, from left to right, grey, white, grey, white and red. To the right is the word "CRESCENDO" in grey, except for the letter "O", which is red.

SIGNATURE(S)
Response Signature
Signature: /Nicholas Wells/     Date: 12/03/2019
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 801-337-4500

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    CABINET PLASSERAUD
   
   9 avenue de l'Europe
   Parc Technologique du Canal,
   F-31520 Ramonville-Saint-Agne,
Mailing Address:    Nicholas D. Wells
   Legends Law Group, PLLC
   330 Main St.
   Kaysville, Utah 84037
        
Serial Number: 79266822
Internet Transmission Date: Tue Dec 03 19:43:56 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXX:XXXX:XXXX:XXXX:X
XXX:XXX-20191203194356789821-79266822-70
06b2a6c26ace2f7c9f157bd42f27ca13a55c837d
306b1b74f4872aed445c270-N/A-N/A-20191203
193120457548