TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85288107 FISKARS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85288107) has been amended as follows:

EVIDENCE
Evidence in the nature of Please see the actual argument text attached within the Evidence section. has been attached.
Original PDF file:
evi_15115311-170346378_._Response_to_Office_Action_85288107.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 007 for Machines and machine tools, namely, power operated lawn mowers, edgers, blowers, vacuums, hedge trimmers, tree pruners, grass trimmers, chain saws, ice augers, snow blowers, chippers, shredders, wood splitters, electricity generators, electric staplers, electric pencil sharpeners, and electric paper punches; motors and engines except for land vehicles; machine coupling and transmission components except for land vehicles; and incubators for eggs
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Machines and machine tools, namely, power operated lawn mowers, edgers, blowers, vacuums, hedge trimmers, tree pruners, grass trimmers, chain saws, ice augers, snow blowers, chippers, shredders, wood splitters, electricity generators, electric staplers, electric pencil sharpeners, and electric paper punches; Machines and machine tools, namely, power operated lawn mowers, edgers, blowers, vacuums, hedge trimmers, tree pruners, grass trimmers, chain saws, ice augers, snow blowers, chippers, shredders, wood splitters, electricity generators,; motors and engines except for land vehicles; machine coupling and transmission components except for land vehicles; and incubators for eggs; incubators for eggs; pumps for water sprinklers; electrically operated fruit peelers and citrus pressesClass 007 for Machines and machine tools, namely, power operated lawn mowers, edgers, blowers, vacuums, hedge trimmers, tree pruners, grass trimmers, chain saws, ice augers, snow blowers, chippers, shredders, wood splitters, electricity generators,; motors and engines except for land vehicles; machine coupling and transmission components except for land vehicles; incubators for eggs; pumps for water sprinklers; electrically operated fruit peelers and citrus presses
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Manually operated hand tools, namely, cutlery; kitchen and table cutlery, namely, table forks, table spoons, table knives, carving knives, steak knives, boning knives, fillet knives, serving fork knives, and carving forks; hand-operated vegetable choppers, vegetables slicers and vegetable cutters; multi-function hand tools comprising all, or a combination of a knife blade, pliers, screwdrivers, bottle opener, can opener, scissors, wire cutter, file, saw blade, nail puller, wire stripper, ruler; sport knives, hunting knives, fishing knives and camping knives; hand tools, namely spades, shovels, axes, hand saws, hatchets, pruners, machetes, and wire cutters; sheaths for knives and multi-function hand tools; sheaths and sharpeners for knives and scissors; knife storage blocks; lawn and garden hand tools, namely, manual lawn mowers, hand pruners, snips, tree pruner, lopping shears, grass shears, hedge shears, cultivators, trowels, transplanters, bulb planters, lawn spikes, rakes, edgers, hoes, shovels, hand saws, hand-operated mulchers, weeders, all-purpose snips, floral snips, nursery knives, gardening stools, tool pouches, tool sharpeners, and tool sheaths; snow shovels; post-hole diggers; brooms; scissors; protractors; graduated rulers; drawing compasses; manual pencil sharpeners; staplers; staple removers; craft and hand tools, namely, hand-operated drills, shop shears, diagonal craft cutters, hand-held rotary cutters, blades for rotary cutters, quilting rulers, quilting scissors, embroidery scissors, children s scissors, dressmaker s scissors, rotary paper trimmers; craft knives and replacement blades for craft knives; hand-operated craft press machines for embossing, cutting and printing and parts therefore; hand tools namely, dies; razors, electric or non-electric
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Manually operated hand tools, namely, cutlery; kitchen and table cutlery, namely, table forks, table spoons, table knives, carving knives, steak knives, boning knives, fillet knives, serving fork knives, and carving forks; hand-operated vegetable choppers, vegetables slicers and vegetable cutters; multi-function hand tools comprising all, or a combination of a knife blade, pliers, screwdrivers, bottle opener, can opener, scissors, wire cutter, file, saw blade, nail puller, wire stripper, ruler; sport knives, hunting knives, fishing knives and camping knives; hand tools, namely spades, shovels, axes, hand saws, hatchets, pruners, machetes, and wire cutters; sheaths for knives and multi-function hand tools; sheaths and sharpeners for knives and scissors; knife storage blocks; lawn and garden hand tools, namely, manual lawn mowers, hand pruners, snips, tree pruner, lopping shears, grass shears, hedge shears, cultivators, trowels, transplanters, bulb planters, lawn aeration spikes in the form of a handle mounted roller having a plurality of spikes extending from an axle, rakes, edgers, hoes, shovels, hand saws, hand-operated mulchers, weeders, all-purpose snips, floral snips, nursery knives, tool pouches for attachment to tool belts, manually operated tool sharpeners, and tool sheaths for use with hand held tools, namely, axes, hatchets, machetes, saws, and scissors; lawn and garden hand tools, namely, manual lawn mowers, hand pruners, snips, tree pruner, lopping shears, grass shears, hedge shears, cultivators, trowels, transplanters, bulb planters, lawn spikes, rakes, edgers, hoes, shovels, hand saws, hand-operated mulchers, weeders, all-purpose snips, floral snips, nursery knives, gardening stools, tool pouches, tool sharpeners, and tool sheaths; snow shovels; post-hole diggers; scissors; brooms; craft and hand tools, namely, hand-operated drills, shop shears, diagonal craft cutters, hand-held rotary cutters, blades for rotary cutters, quilting rulers, quilting scissors, embroidery scissors, children?s scissors, dressmaker?s scissors; craft knives and replacement blades for craft knives; protractors; hand-operated craft press machines for embossing, cutting and printing and parts therefore; graduated rulers; hand tools namely, dies; drawing compasses; razors, electric or non-electric; manual pencil sharpeners; hand operated press machines for embossing and printing of paper, photograph, foil and plastic film; staplers; mortar and pestle; staple removers; manually operated fruit peelers and citrus presses; craft and hand tools, namely, hand-operated drills, shop shears, diagonal craft cutters, hand-held rotary cutters, blades for rotary cutters, quilting rulers, quilting scissors, embroidery scissors, children?s scissors, dressmaker?s scissors, rotary paper trimmers; graters, egg slicers, apple corers, nut crackers, pizza cutters, meat tenderizers in the nature of a mallet; craft tool caddies, namely for holding scissors, knives and hand toolsClass 008 for Manually operated hand tools, namely, cutlery; kitchen and table cutlery, namely, table forks, table spoons, table knives, carving knives, steak knives, boning knives, fillet knives, serving fork knives, and carving forks; hand-operated vegetable choppers, vegetables slicers and vegetable cutters; multi-function hand tools comprising all, or a combination of a knife blade, pliers, screwdrivers, bottle opener, can opener, scissors, wire cutter, file, saw blade, nail puller, wire stripper, ruler; sport knives, hunting knives, fishing knives and camping knives; hand tools, namely spades, shovels, axes, hand saws, hatchets, pruners, machetes, and wire cutters; sheaths for knives and multi-function hand tools; sheaths and sharpeners for knives and scissors; lawn and garden hand tools, namely, manual lawn mowers, hand pruners, snips, tree pruner, lopping shears, grass shears, hedge shears, cultivators, trowels, transplanters, bulb planters, lawn aeration spikes in the form of a handle mounted roller having a plurality of spikes extending from an axle, rakes, edgers, hoes, shovels, hand saws, hand-operated mulchers, weeders, all-purpose snips, floral snips, nursery knives, tool pouches for attachment to tool belts, manually operated tool sharpeners, and tool sheaths for use with hand held tools, namely, axes, hatchets, machetes, saws, and scissors; snow shovels; post-hole diggers; scissors; craft and hand tools, namely, hand-operated drills, shop shears, diagonal craft cutters, hand-held rotary cutters, blades for rotary cutters, quilting rulers, quilting scissors, embroidery scissors, children?s scissors, dressmaker?s scissors; craft knives and replacement blades for craft knives; hand-operated craft press machines for embossing, cutting and printing and parts therefore; hand tools namely, dies; razors, electric or non-electric; hand operated press machines for embossing and printing of paper, photograph, foil and plastic film; mortar and pestle; manually operated fruit peelers and citrus presses; graters, egg slicers, apple corers, nut crackers, pizza cutters, meat tenderizers in the nature of a mallet; craft tool caddies, namely for holding scissors, knives and hand tools
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Apparatus for heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, lawn and garden sprinklers, sprinkler pumps, sprinkler timers, sprinkler valves, water gauges and sprinkler hoses; flashlights; tactical flashlights; keychain flashlights; red LED flashlights for illumination purposes; outdoor portable lighting products, namely headlamps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Apparatus for heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, lawn and garden sprinklers, sprinkler pumps, sprinkler timers, sprinkler valves, water gauges and sprinkler hoses; Apparatus for heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, lawn sprinkler systems consisting of pumps, vavles, timers, gauges and hoses sold as a unit; sprinkler system valves; flashlights; tactical flashlights; keychain flashlights; red LED flashlights for illumination purposes; outdoor portable lighting products, namely headlampsClass 011 for Apparatus for heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, namely, lawn sprinkler systems consisting of pumps, vavles, timers, gauges and hoses sold as a unit;sprinkler system valves; flashlights; tactical flashlights; keychain flashlights; red LED flashlights for illumination purposes; outdoor portable lighting products, namely headlamps
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Paper, cardboard and goods made from these materials, not included in other classes, namely, paper die cut shapes; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; paint brushes; typewriters; office and craft requisites except furniture, namely, paper punches, paper trimmers, paper cutters, rotary paper trimmers, replacement blades for paper trimmers and paper cutters, cutting mats, manual staplers, staple removers, craft tool caddies, pens and markers, stencils, drawing templates, rubber stamps, stamp pads, impression stamps, stamp plates and stamp presses; printers' type; printing blocks
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Paper, cardboard and goods made from these materials, not included in other classes, namely, paper die cut shapes; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; paint brushes; typewriters; office and craft requisites except furniture, namely, paper punches, paper trimmers, paper cutters, rotary paper trimmers, replacement blades for paper trimmers and paper cutters, cutting mats, manual staplers, staple removers, craft tool caddies, pens and markers, stencils, drawing templates, rubber stamps, stamp pads, impression stamps, stamp plates and stamp presses; office and craft requisites except furniture, namely, paper punches, paper trimmers, paper cutters, rotary paper trimmers, replacement blades for paper trimmers and paper cutters, cutting mats, manual staplers, staple removers, pens and markers, stencils, drawing templates, rubber stamps, stamp pads, impression stamps, stamp plates for use in hand operated press machines for embossing and printing of paper, photograph, foil and plastic film; craft tool caddies, namely holders for paper, glues for household use, pens, markers, paper trimmers, stencils, and stamp pads for use with hand operated press machines; printers' type; printing blocks; electric staplers, electric pencil sharpeners, and electric paper punches; drawing compasses; manual pencil sharpeners; staplers; staple removers; and rotary paper trimmersClass 016 for Paper, cardboard and goods made from these materials, not included in other classes, namely, paper die cut shapes; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; paint brushes; typewriters; office and craft requisites except furniture, namely, paper punches, paper trimmers, paper cutters, rotary paper trimmers, replacement blades for paper trimmers and paper cutters, cutting mats, manual staplers, staple removers, pens and markers, stencils, drawing templates, rubber stamps, stamp pads, impression stamps, stamp plates for use in hand operated press machines for embossing and printing of paper, photograph, foil and plastic film; craft tool caddies, namely holders for paper, glues for household use, pens, markers, paper trimmers, stencils, and stamp pads for use with hand operated press machines; printers' type; printing blocks; electric staplers, electric pencil sharpeners, and electric paper punches; drawing compasses; manual pencil sharpeners; staplers; staple removers; and rotary paper trimmers
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Rubber, gutta percha, gum, asbestos, and mica; plastics in extruded form for use in manufacture; non-metal hose fittings; non-metal couplings for use with lawn and garden hoses; packing and insulating materials; stopping materials, namely, rubber bottle stoppers; flexible tubes made from plastic or rubber
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Rubber, gutta percha, gum, asbestos, and mica; Rubber, gutta percha, asbestos, and mica; plastics in extruded form for use in manufacture; non-metal hose fittings; non-metal couplings for use with lawn and garden hoses; packing and insulating materials; stopping materials, namely, rubber bottle stoppers; flexible tubes made from plastic or rubber; and sprinkler hosesClass 017 for Rubber, gutta percha, asbestos, and mica; plastics in extruded form for use in manufacture; non-metal hose fittings; non-metal couplings for use with lawn and garden hoses; packing and insulating materials; stopping materials, namely, rubber bottle stoppers; flexible tubes made from plastic or rubber; and sprinkler hoses
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Non-metallic rigid pipes for building, namely, plumbing, sewer and gutter pipes; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; Other materials for covering existing floors, namely, ceramic, wood and vinyl floor tiles
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 019 for Non-metallic rigid pipes for building, namely, plumbing, sewer and gutter pipes; asphalt, pitch and bitumen; non-metallic transportable buildings; non-metallic monuments; Other materials for covering existing floors, namely, ceramic, wood and vinyl floor tiles
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Furniture, mirrors, picture frames; goods not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics, namely, plastic rainwater collection containers for domestic purposes and plastic compost bins; valves of plastic being other than machine parts; stopping materials, namely, non-metal and cork bottle stoppers
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Furniture, mirrors, picture frames; goods not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics, namely, plastic rainwater collection containers for domestic purposes and plastic compost bins; goods not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics, namely, plastic rainwater collection containers for domestic purposes; valves of plastic being other than machine parts; stopping materials, namely, non-metal and cork bottle stoppers; and gardening stoolsClass 020 for Furniture, mirrors, picture frames; goods not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials or of plastics, namely, plastic rainwater collection containers for domestic purposes; valves of plastic being other than machine parts; stopping materials, namely, non-metal and cork bottle stoppers; and gardening stools
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Domestic and kitchen utensils, namely spatulas, cake servers, salt and pepper mills, salt and pepper shakers, ladles, whisks, basting spoons, serving forks, serving spoons, mortar and pestle, wine openers, cork screws, fruit peelers, citrus presses, apple slicers, tongs, pincers, graters, egg slicers, pastry wheels, meat tenderizers, skewers, apple corers, rolling pins, potato mashers, garlic presses, nut crackers, pizza cutters, tea ball infuzers, tea strainers, ice cream scoops, measuring cups, measuring spoons, meat thermometers, non-electric fruit presses, napkin holders and napkin rings not of precious metals; containers for household use; combs and cleaning sponges; brushes, namely cooking brushes; steelwool; unworked or semi-worked glass not for building; goods made of glassware, porcelain and earthenware, namely dishes, drinking glasses, beverage glassware, figurines, decorative bowls, candle holders, serving platters, casseroles, plates, cups, bowls, jars, tea pots, non-electric coffee pots, mugs, saucers, egg cups, pitchers, vases, cake platters, cake pedestals, sugar bowls, creamers, gravy/sauce boats, tureens, baking dishes, pie plates, pie pans, spice jars, spice racks, cruets not of precious metal for oil and vinegar; moulds for use with desserts, namely cake moulds, pudding moulds, chocolate moulds, and pastry moulds; stopping materials, namely, glass stoppers, drain stoppers for sinks, bottle stoppers specially adapted for wine bottles; cookware, namely pots and pans; flower pots and flower pot holders; watering cans; sprayer nozzles for garden hoses; sprayer wands for garden hoses; sprayers attached to garden hoses; lawn and garden sprinklers; gardening gloves; work gloves; light duty utility gloves; wicker and wood bread baskets not of metal; trivets of wood and cork; garden kit for home use comprising growing containers, soil, electronic light, fertilizer and seeds
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Domestic and kitchen utensils, namely spatulas, cake servers, salt and pepper mills, salt and pepper shakers, ladles, whisks, basting spoons, serving forks, serving spoons, mortar and pestle, wine openers, cork screws, fruit peelers, citrus presses, apple slicers, tongs, pincers, graters, egg slicers, pastry wheels, meat tenderizers, skewers, apple corers, rolling pins, potato mashers, garlic presses, nut crackers, pizza cutters, tea ball infuzers, tea strainers, ice cream scoops, measuring cups, measuring spoons, meat thermometers, non-electric fruit presses, napkin holders and napkin rings not of precious metals; Domestic and kitchen utensils, namely spatulas, cake servers, salt and pepper mills, salt and pepper shakers, ladles, whisks, basting spoons, serving forks, serving spoons, wine openers, cork screws, apple slicers, tongs, pincers, pastry wheels, skewers, rolling pins, potato mashers, garlic presses, tea ball infusers, tea strainers, ice cream scoops non-electric fruit presses, napkin holders and napkin rings not of precious metals; containers for household use; combs and cleaning sponges; brushes, namely cooking brushes; steelwool; unworked or semi-worked glass not for building; goods made of glassware, porcelain and earthenware, namely dishes, drinking glasses, beverage glassware, figurines, decorative bowls, candle holders, serving platters, casseroles, plates, cups, bowls, jars, tea pots, non-electric coffee pots, mugs, saucers, egg cups, pitchers, vases, cake platters, cake pedestals, sugar bowls, creamers, gravy/sauce boats, tureens, baking dishes, pie plates, pie pans, spice jars, spice racks, cruets not of precious metal for oil and vinegar; moulds for use with desserts, namely cake moulds, pudding moulds, chocolate moulds, and pastry moulds; stopping materials, namely, glass stoppers, drain stoppers for sinks, bottle stoppers specially adapted for wine bottles; cookware, namely pots and pans; flower pots and flower pot holders; watering cans; sprayer nozzles for garden hoses; sprayer wands for garden hoses; sprayers attached to garden hoses; lawn and garden sprinklers; gardening gloves; work gloves; light duty utility gloves; wicker and wood bread baskets not of metal; wicker and wood bread baskets for domestic use; trivets of wood and cork; garden kit for home use comprising growing containers, soil, electronic light, fertilizer and seeds; knife storage blocks; brooms; and plastic compost binsClass 021 for Domestic and kitchen utensils, namely spatulas, cake servers, salt and pepper mills, salt and pepper shakers, ladles, whisks, basting spoons, serving forks, serving spoons, wine openers, cork screws, apple slicers, tongs, pincers, pastry wheels, skewers, rolling pins, potato mashers, garlic presses, tea ball infusers, tea strainers, ice cream scoops non-electric fruit presses, napkin holders and napkin rings not of precious metals; containers for household use; combs and cleaning sponges; brushes, namely cooking brushes; steelwool; unworked or semi-worked glass not for building; goods made of glassware, porcelain and earthenware, namely dishes, drinking glasses, beverage glassware, figurines, decorative bowls, candle holders, serving platters, casseroles, plates, cups, bowls, jars, tea pots, non-electric coffee pots, mugs, saucers, egg cups, pitchers, vases, cake platters, cake pedestals, sugar bowls, creamers, gravy/sauce boats, tureens, baking dishes, pie plates, pie pans, spice jars, spice racks, cruets not of precious metal for oil and vinegar; moulds for use with desserts, namely cake moulds, pudding moulds, chocolate moulds, and pastry moulds; stopping materials, namely, glass stoppers, drain stoppers for sinks, bottle stoppers specially adapted for wine bottles; cookware, namely pots and pans; flower pots and flower pot holders; watering cans; sprayer nozzles for garden hoses; sprayer wands for garden hoses; sprayers attached to garden hoses; lawn and garden sprinklers; gardening gloves; work gloves; light duty utility gloves; wicker and wood bread baskets for domestic use; trivets of wood and cork; garden kit for home use comprising growing containers, soil, electronic light, fertilizer and seeds; knife storage blocks; brooms; and plastic compost bins
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational and training services, namely, providing education and training regarding craft projects, gardening, cooking food, food preparation and home decorating
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Educational and training services, namely, providing education and training regarding craft projects, gardening, cooking food, food preparation and home decorating; Educational and training services, namely, providing workshops, classes, seminars, webinars, courses and training in the fields of arts and craft projects, gardening, cooking food, food preparation and home decoratingClass 041 for Educational and training services, namely, providing workshops, classes, seminars, webinars, courses and training in the fields of arts and craft projects, gardening, cooking food, food preparation and home decorating
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for protractors; graduated rulers; sprinkler timers; water gauges; measuring cups, measuring spoons, and meat thermometers
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [__________ registration number __________ registered __________ with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /R.J. McKenna/      Date: 07/30/2012
Signatory's Name: Richard J. McKenna
Signatory's Position: Attorney of Record, WI State Bar Member
Signatory's Phone Number: 414-271-2400


Request for Reconsideration Signature
Signature: /R.J. McKenna/     Date: 07/30/2012
Signatory's Name: Richard J. McKenna
Signatory's Position: Attorney of Record, WI State Bar Member

Signatory's Phone Number: 414-271-2400

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
RAM Sale Number: 4711
RAM Accounting Date: 07/31/2012
        
Serial Number: 85288107
Internet Transmission Date: Mon Jul 30 17:20:11 EDT 2012
TEAS Stamp: USPTO/RFR-XXX.XXX.X.X-201207301720117932
04-85288107-490c99179a5c86ad6fdf1128ad96
873a0e8-CC-4711-20120730170346378209