Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 85507423 THETFORD(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85507423) 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 Cleaning products, namely plastic cleaner, bug remover, awning cleaner, kitchen cleaner, glass cleaner, stain remover, bilge cleaner, and boat deck cleaner; polishing products; degreasing products; abrasives, namely lubricant and seal lubricant; wax; cleaning products for sanitary purposes; disinfectants, namely products for disinfecting of water closets such as toilet additives; toilet holding tank deodorants; level gauge cleaner; tissue digester; toilet seal; tank sanitizer; toilets, namely portable toilets, permanent toilets, marine toilets, macerator toilets, and bidets; toilet waste processing systems, namely removable waste holding tanks; water filtration systems; refrigerator vents and covers; non-metal pipe couplings and joints for a motor vehicle waste transfer system for releasably coupling interchangeable components; pumps with an insert hose with valve for use in disposing of water and waste water from recreational vehicles and accessories therefor, namely, transfer-grinders, on-off switches, wiring and discharge hoses
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: Cleaning products, namely plastic cleaner, bug remover, awning cleaner, kitchen cleaner, glass cleaner, stain remover, bilge cleaner, and boat deck cleaner; Toilets, namely portable toilets, permanent toilets, marine toilets and macerator toilets; polishing products; bidets; degreasing products; toilet waste processing systems, namely removable waste holding tanks; abrasives, namely lubricant and seal lubricant; waste water transfer systems comprised of toilets and structural parts thereof, namely macerators; wax; refrigerator vents and covers; cleaning products for sanitary purposes; disinfectants, namely products for disinfecting of water closets such as toilet additives; toilet holding tank deodorants; level gauge cleaner; tissue digester; toilet seal; tank sanitizer; toilets, namely portable toilets, permanent toilets, marine toilets, macerator toilets, and bidets; water filtration systems; non-metal pipe couplings and joints for a motor vehicle waste transfer system for releasably coupling interchangeable components; pumps with an insert hose with valve for use in disposing of water and waste water from recreational vehicles and accessories therefor, namely, transfer-grinders, on-off switches, wiring and discharge hosesClass 011 for Toilets, namely portable toilets, permanent toilets, marine toilets and macerator toilets; bidets; toilet waste processing systems, namely removable waste holding tanks; waste water transfer systems comprised of toilets and structural parts thereof, namely macerators; refrigerator vents and covers
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 hereby adds the following class of goods/services to the application:
New: Class 001 for Degreasing agents; tissue digester, in the nature of a biodegradable waste digestant for use in septic systems
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 hereby adds the following class of goods/services to the application:
New: Class 003 for Cleaning products, namely all-purpose plastic cleaner, liquid bug remover for vehicles, awning cleaner, kitchen cleaning liquid, glass cleaner, stain remover, bilge cleaning liquid, and boat deck cleaning liquid; polishing products, namely floor polish, chrome polish, degreasing preparations for use on boats and boat engines; floor wax
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 hereby adds the following class of goods/services to the application:
New: Class 005 for Disinfectants, namely products for disinfecting of water closets, namely disinfectant toilet bowl cleaners, and toilet deodorizer tablets; toilet holding tank deodorants; toilet tank sanitizer
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 hereby adds the following class of goods/services to the application:
New: Class 019 for Non-metal pipe couplings and joints for a motor vehicle waste transfer system for releasably coupling interchangeable components
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.

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3763975, 1661379, and 0836577.


SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for related goods or services of U.S. Registration No(s). 3763975, 1661379, 0836577.


FEE(S)
Fee(s) in the amount of $1300 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: /Stephen T. Olson/      Date: 10/16/2012
Signatory's Name: Stephen T. Olson
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: (248) 641-1267


Response Signature
Signature: /Stephen T. Olson/     Date: 10/16/2012
Signatory's Name: Stephen T. Olson
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: (248) 641-1267

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.

        
RAM Sale Number: 11064
RAM Accounting Date: 10/16/2012
        
Serial Number: 85507423
Internet Transmission Date: Tue Oct 16 12:50:43 EDT 2012
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201210161250437
67080-85507423-490c5eb0965d81185451edd4c
8702fbd1c-DA-11064-20121016110848649700