Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

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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. 85391858 ARMADA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85391858) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Plumbing fittings, namely Air Admittance Valves, Ball Valves, Check Valves, Closet Rings, Dielectric Flange, Dielectric Unions, FIP Valves, Gate Valves, Hangers and Struts, Hose Bibbs, Sill Cocks, MIP Valves, nohub Couplings, PEX Valves, Push Connectors, Stop Valves, Tankless Water Heater Valve Kits, Test Plugs, Transition Coupling, Ultra Low Lead Valves, Water Hammer Arrestors, Water Heater Connectors and Wax Rings; Drain covers; Drain covers; Strainers for plumbing drains; Toilet risers; Toilet Expansion tanks; Flexible pipes being parts of sink plumbing installations; Ice Maker Boxes; Water meter boxes; Shower Pan Liners; Thread Seal Tape; Washing Machine Boxes; Water Heater and Washing Machine Pans; Well Tanks
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: Plumbing fittings, namely Air Admittance Valves, Ball Valves, Check Valves, Closet Rings, Dielectric Flange, Dielectric Unions, FIP Valves, Gate Valves, Hangers and Struts, Hose Bibbs, Sill Cocks, MIP Valves, nohub Couplings, PEX Valves, Push Connectors, Stop Valves, Tankless Water Heater Valve Kits, Test Plugs, Transition Coupling, Ultra Low Lead Valves, Water Hammer Arrestors, Water Heater Connectors and Wax Rings; plumbing fittings, namely air admittance valves, ball valves, check valves, closet rings, dielectric flange, dielectric unions, FIP valves, gate valves, hangers and struts, hose bibbs, sill cocks, MIP valves, nohub couplings, PEX valves, push connectors, stop valves, tankless water heater valve kits comprised of a hot shut off valve, a cold shut off valve, and a temperature and pressure valve; test plugs, transition coupling, ultra low lead valves, water hammer arrestors, water heater connectors and wax rings; Drain covers; drain covers; strainers for plumbing drains; toilet risers; toilet expansion tanks; flexible pipes being parts of sink plumbing installations; ice maker boxes; water meter boxes; shower pan liners; Thread Seal Tape; washing machine valve boxes; Washing Machine Boxes; water heater and washing machine drain pans; Water Heater and Washing Machine Pans; well tanksClass 011 for plumbing fittings, namely air admittance valves, ball valves, check valves, closet rings, dielectric flange, dielectric unions, FIP valves, gate valves, hangers and struts, hose bibbs, sill cocks, MIP valves, nohub couplings, PEX valves, push connectors, stop valves, tankless water heater valve kits comprised of a hot shut off valve, a cold shut off valve, and a temperature and pressure valve; test plugs, transition coupling, ultra low lead valves, water hammer arrestors, water heater connectors and wax rings; drain covers; strainers for plumbing drains; toilet risers; toilet expansion tanks; flexible pipes being parts of sink plumbing installations; ice maker boxes; water meter boxes; shower pan liners; washing machine valve boxes; water heater and washing machine drain pans; well tanks
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: HD Supply Plumbing/HVAC, Ltd., a limited partnership having an address of
      501 West Church Street
      Orlando, Florida 32805
      United States

Proposed: HD Supply Plumbing/HVAC, Ltd., a limited partnership legally organized under the laws of Florida, comprising of HD Supply GP & Management, Inc. and the limited partners were HD Supply Plumbing/HVAC Group, Inc. and HD Supply Holdings, LLC, having an address of
      501 West Church Street
      Orlando, Florida 32805
      United States

SIGNATURE(S)
Response Signature
Signature: /Paul J. Kennedy/     Date: 05/24/2012
Signatory's Name: Paul J. Kennedy
Signatory's Position: Attorney of Record, PA bar member

Signatory's Phone Number: 215.981.4194

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: 85391858
Internet Transmission Date: Thu May 24 13:17:02 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20120524131702151
020-85391858-49036771b16a12d55e1cad74ba9
c65219-N/A-N/A-20120524123755548408