PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85245174 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85245174 |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
Please delete the description of goods in Class 6 and insert in its place a new description of goods in Class 6 as follows:
--LADDERS OF METAL; METAL SCAFFOLDING--.
Please delete the description of goods in Class 8 and insert in its place a new description of goods in Class 8 as follows:
--HAND TOOLS, EXCLUDING GARDEN TOOLS, NAMELY, FLOATS, TROWELS, SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT, MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES,
SQUARES, CHALK LINE REELS, JOINTERS, ROLLER RAKERS, CAULKING GUNS, HAND‑PUMPED SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES, FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS,
MALLETS, CHISELS, CENTER PUNCHES, DUTCH PINS, CLAMPS, MASONRY TUBS, STIRRERS, MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS, BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE
SCRIBERS, END CUTTING NIPPERS, WRECKING BARS, BRICK BOLSTERS, ADHESIVE SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS,
TOOL BELTS, TOOL POUCHES FOR ATTACHMENT TO TOOL BELTS--. |
GOODS AND/OR SERVICES SECTION (006)(current) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
LADDERS, SCAFFOLDING |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (006)(proposed) |
INTERNATIONAL CLASS |
006 |
TRACKED TEXT DESCRIPTION |
LADDERS, SCAFFOLDING; LADDERS OF METAL; METAL SCAFFOLDING |
FINAL DESCRIPTION |
LADDERS OF METAL; METAL SCAFFOLDING |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (007)(no change) |
GOODS AND/OR SERVICES SECTION (008)(current) |
INTERNATIONAL CLASS |
008 |
DESCRIPTION |
HAND TOOLS, EXCLUDING GARDEN TOOLS |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (008)(proposed) |
INTERNATIONAL CLASS |
008 |
TRACKED TEXT DESCRIPTION |
HAND TOOLS, EXCLUDING GARDEN TOOLS; HAND TOOLS, EXCLUDING GARDEN
TOOLS, NAMELY, FLOATS, TROWELS, SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT, MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES, SQUARES, CHALK LINE REELS, JOINTERS, ROLLER RAKERS,
CAULKING GUNS, HAND PUMPED SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES, FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS, MALLETS, CHISELS, CENTER PUNCHES, DUTCH PINS, CLAMPS,
MASONRY TUBS, STIRRERS, MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS, BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE SCRIBERS, END CUTTING NIPPERS, WRECKING BARS, BRICK
BOLSTERS, ADHESIVE SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS, TOOL BELTS, TOOL POUCHES FOR ATTACHMENT TO TOOL
BELTS |
FINAL DESCRIPTION |
HAND TOOLS, EXCLUDING GARDEN TOOLS, NAMELY, FLOATS, TROWELS, SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT,
MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES, SQUARES, CHALK LINE REELS, JOINTERS, ROLLER RAKERS, CAULKING GUNS, HAND PUMPED SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES,
FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS, MALLETS, CHISELS, CENTER PUNCHES, DUTCH PINS, CLAMPS, MASONRY TUBS, STIRRERS, MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS,
BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE SCRIBERS, END CUTTING NIPPERS, WRECKING BARS, BRICK BOLSTERS, ADHESIVE SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR
BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS, TOOL BELTS, TOOL POUCHES FOR ATTACHMENT TO TOOL BELTS |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Robert B. Cohen/ |
SIGNATORY'S NAME |
Robert B. Cohen |
SIGNATORY'S POSITION |
Attorney of Record, NJ Bar Member |
DATE SIGNED |
11/23/2011 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 23 12:00:30 EST 2011 |
TEAS STAMP |
USPTO/ROA-XXX.XX.X.X-2011
1123120030619697-85245174
-490f17ff0fcd99ad04940b51
efbc63371-N/A-N/A-2011112
3115901822876 |
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.
85245174 (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85245174) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please delete the description of goods in Class 6 and insert in its place a new description of goods in Class 6 as follows:
--LADDERS OF METAL; METAL SCAFFOLDING--.
Please delete the description of goods in Class 8 and insert in its place a new description of goods in Class 8 as follows:
--HAND TOOLS, EXCLUDING GARDEN TOOLS, NAMELY, FLOATS, TROWELS, SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT, MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES,
SQUARES, CHALK LINE REELS, JOINTERS, ROLLER RAKERS, CAULKING GUNS, HAND‑PUMPED SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES, FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS,
MALLETS, CHISELS, CENTER PUNCHES, DUTCH PINS, CLAMPS, MASONRY TUBS, STIRRERS, MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS, BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE
SCRIBERS, END CUTTING NIPPERS, WRECKING BARS, BRICK BOLSTERS, ADHESIVE SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS,
TOOL BELTS, TOOL POUCHES FOR ATTACHMENT TO TOOL BELTS--.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for LADDERS, SCAFFOLDING
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: LADDERS, SCAFFOLDING;
LADDERS OF METAL;
METAL
SCAFFOLDINGClass 006 for LADDERS OF METAL; METAL SCAFFOLDING
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for HAND TOOLS, EXCLUDING GARDEN TOOLS
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: HAND TOOLS, EXCLUDING GARDEN TOOLS;
HAND TOOLS, EXCLUDING GARDEN TOOLS, NAMELY, FLOATS, TROWELS,
SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT, MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES, SQUARES, CHALK LINE REELS, JOINTERS, ROLLER RAKERS, CAULKING GUNS, HAND PUMPED
SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES, FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS, MALLETS, CHISELS, CENTER PUNCHES, DUTCH PINS, CLAMPS, MASONRY TUBS, STIRRERS,
MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS, BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE SCRIBERS, END CUTTING NIPPERS, WRECKING BARS, BRICK BOLSTERS, ADHESIVE
SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS, TOOL BELTS, TOOL POUCHES FOR ATTACHMENT TO TOOL BELTSClass 008
for HAND TOOLS, EXCLUDING GARDEN TOOLS, NAMELY, FLOATS, TROWELS, SQUEEGEES, GROUTERS, EDGERS, STRAIGHT EDGES, AND GROOVERS FOR GROUT, MORTAR OR CEMENT, JOINT KNIVES, TAPING KNIVES, SQUARES, CHALK
LINE REELS, JOINTERS, ROLLER RAKERS, CAULKING GUNS, HAND PUMPED SPRAYERS FOR THE MASONRY INDUSTRY, CONCRETE BRUSHES, ACID BRUSHES, FINISHING BROOMS FOR MORTAR AND CEMENT, HAMMERS, MALLETS, CHISELS,
CENTER PUNCHES, DUTCH PINS, CLAMPS, MASONRY TUBS, STIRRERS, MIXING PADDLES, HACK SAWS, MASONRY SAWS, TILE NIPPERS, SUCTION LIFTERS, BRICK SPLITTERS, TILE CUTTERS, BOLT CUTTERS, TILE SCRIBERS, END
CUTTING NIPPERS, WRECKING BARS, BRICK BOLSTERS, ADHESIVE SPREADERS, PLIERS, FLOOR SCRAPERS, WALL SCRAPERS, CONCRETE SHOVELS, BAR BENDERS, BAR CUTTERS, HAND SANDERS, BULLFLOATS, SCREEDS, TOOL BELTS,
TOOL POUCHES FOR ATTACHMENT TO TOOL BELTS
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /Robert B. Cohen/ Date: 11/23/2011
Signatory's Name: Robert B. Cohen
Signatory's Position: Attorney of Record, NJ Bar Member
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: 85245174
Internet Transmission Date: Wed Nov 23 12:00:30 EST 2011
TEAS Stamp: USPTO/ROA-XXX.XX.X.X-2011112312003061969
7-85245174-490f17ff0fcd99ad04940b51efbc6
3371-N/A-N/A-20111123115901822876