Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 85077393 has been amended as follows:

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

In the office action, the Examining Attorney requested amendment of the identification of goods on the ground that the identification is unacceptable as indefinite.

 

Applicant has amended the identification, which includes the following additional goods:

 

“accessories for grilling products, namely, cleaning tools in the nature of grill scrapers and hand-operated combination tools comprising a grill scraper, scrubber or brush”

 

These goods are from Applicant’s companion application in Class 11 for the same mark filed on the same date as Applicant’s present application, namely, Serial No. 85/077,407.  Applicant respectfully requests re-classification and amendment pursuant to Section 1402.08 of the Trademark Manual of Examining Procedure.  To the extent that the amended goods should remain in Applicant’s application, Serial No. 85/077,407, Applicant defers to the Examining Attorney and requests coordination between Applicant’s two applications to ensure that the amended goods are located in at least one of the applications.

 

With respect to “meat hooks,” Applicant respectfully states that this is the common commercial term for the goods, as indicated by the exemplar website printout attached hereto.  Applicant has also attached representative examples of Applicant’s cleaning tools to provide further information for the Examining Attorney’s review of the request for amendment.

EVIDENCE
Evidence in the nature of Internet website printouts has been attached.
Original PDF file:
evi_12146203100-214411552_._Cleaning_Brush_-_Oversized_Head__812-9061-S____Brinkmann.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_12146203100-214411552_._Clean_Out_Tool__450-4028-0____Brinkmann.pdf
Converted PDF file(s) (1 page)
Evidence-1
Original PDF file:
evi_12146203100-214411552_._meat_hook.pdf
Converted PDF file(s) (2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Hand tools, namely, digging tools for burying cables, files, ice picks, tongs, protractor saw guides, can openers, pliers, screwdrivers, scalers, and meat hooks; household utensils, namely, knives, forks, and spoons
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed:
Tracked Text Description: Hand tools, namely, digging tools for burying cables, files, ice picks, tongs, protractor saw guides, can openers, pliers, screwdrivers, scalers, and meat hooks; Hand tools, namely, digging tools for burying cables in the nature of trowels, files, ice picks, tongs, manually-operated protractor saw guides, non-electric can openers, pliers, screwdrivers, fish scalers, and meat hooks; household utensils, namely, knives, forks, and spoons; household utensils, namely, chef knives; accessories for grilling products, namely, cleaning tools in the nature of grill scrapers and hand-operated combination tools comprising a grill scraper, scrubber or brushClass 008 for Hand tools, namely, digging tools for burying cables in the nature of trowels, files, ice picks, tongs, manually-operated protractor saw guides, non-electric can openers, pliers, screwdrivers, fish scalers, and meat hooks; household utensils, namely, chef knives; accessories for grilling products, namely, cleaning tools in the nature of grill scrapers and hand-operated combination tools comprising a grill scraper, scrubber or brush
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

SIGNATURE(S)
Response Signature
Signature: /Susan Hwang/     Date: 04/14/2011
Signatory's Name: Susan Hwang
Signatory's Position: Attorney of record

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: 85077393
Internet Transmission Date: Thu Apr 14 21:54:13 EDT 2011
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201104142154132
67376-85077393-480c09955c83e3d44522c705e
c62290ddfc-N/A-N/A-20110414214411552003