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. 85465484 EASY TOUCH(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85465484) has been amended as follows:

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

In an Office Action emailed February 27, 2012, the Examining Attorney preliminarily refused registration of Applicant's mark EASY TOUCH pursuant to Section 2(d) of the Lanham Act, 15 U.S.C. § 1052(d) based on Registration No. 3,795,897 for the mark EASY TOUCH (Stylized), owned by Convotherm Elektrogerate GmbH.  Applicant respectfully submits that Manitowoc Foodservice Companies, LLC, the owner of the instant application, and Convotherm Elektrogerate GmbH, the owner of the cited registration, are related companies, which share a common parent company.  Accordingly, Applicant respectfully requests that the Exaining Attorney withdraw her refusal and pass Applicant's mark on to publication. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for programmable electronic devices for cooking times and temperature settings for ovens, combi-steamers, hot plates, steam tables, warming pans, warming plates, hot air ovens, hot air steamers, grills, cook tops, commercial cooking ovens, microwave ovens for cooking, electric food steamers, electric food warmers, electric toaster ovens, and induction ovens; Programmable electronic devices for blending times and dispensing controls for beverage dispensers
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: programmable electronic devices for cooking times and temperature settings for ovens, combi-steamers, hot plates, steam tables, warming pans, warming plates, hot air ovens, hot air steamers, grills, cook tops, commercial cooking ovens, microwave ovens for cooking, electric food steamers, electric food warmers, electric toaster ovens, and induction ovens; programmable electronic devices for cooking times and temperature settings sold as a component of ovens, combi-steamers, hot plates, steam tables, warming pans, warming plates, hot air ovens, hot air steamers, grills, cook tops, commercial cooking ovens, microwave ovens for cooking, electric food steamers, electric food warmers, electric toaster ovens, and induction ovens; Programmable electronic devices for blending times and dispensing controls for beverage dispensers; Programmable electronic devices for blending times and dispensing controls sold as a component of beverage dispensersClass 011 for programmable electronic devices for cooking times and temperature settings sold as a component of ovens, combi-steamers, hot plates, steam tables, warming pans, warming plates, hot air ovens, hot air steamers, grills, cook tops, commercial cooking ovens, microwave ovens for cooking, electric food steamers, electric food warmers, electric toaster ovens, and induction ovens; Programmable electronic devices for blending times and dispensing controls sold as a component of beverage dispensers
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: /Zachary A. Aria/     Date: 08/27/2012
Signatory's Name: Zachary A. Aria
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-569-5347

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: 85465484
Internet Transmission Date: Mon Aug 27 20:10:27 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201208272010273
04294-85465484-49097d1a0cb359eff36319087
cccf9b16-N/A-N/A-20120827195117885787