TEAS Response to Suspension Inquiry

PTO Form 1822 (Rev 11/2007)

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

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PTO Form 1822 (Rev 11/2007)

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

Response to Suspension Inquiry or Letter of Suspension

To the Commissioner for Trademarks:

Application serial no. 85550636 RECOVER (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85550636) has been amended as follows:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Canada registration number TMA853184 registered 06/12/2013, with a renewal date of 06/12/2013 and an expiration date of __________ , and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_7241922-115905583_._668-211_Canadian_Registration_TMA853184.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for water management equipment for greywater treatment, namely non-metal tanks, non-metal pipes and non-metal plumbing fittings, namely valves, p-traps, cleanout fittings, drainage fittings and couplings
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1556454 filed 12/12/2011]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: water management equipment for greywater treatment, namely non-metal tanks, non-metal pipes and non-metal plumbing fittings, namely valves, p-traps, cleanout fittings, drainage fittings and couplings; water management equipment for greywater treatment, namely non-metal tanks and non-metal plumbing fittings, namely valves, p-traps, cleanout fittings, drainage fittings and couplingsClass 011 for water management equipment for greywater treatment, namely non-metal tanks and non-metal plumbing fittings, namely valves, p-traps, cleanout fittings, drainage fittings and couplings
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1556454 filed 12/12/2011]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA853184 registered 06/12/2013 with a renewal date of 06/12/2028 and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRU0-7241922-115905583_._668-211_Canadian_Registration_TMA853184.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for Non-metal pipes
Filing Basis: Section 1(b), Intent to Use: The applicant has 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. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1556454 filed 12/12/2011]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e),Based on Foreign Registration: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and /or services, and submits a copy of [ Canada registration number TMA853184 registered 06/12/2013 with a renewal date of 06/12/2028 and an expiration date of __________ ], and translation thereof, if appropriate. 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FRN0-7241922-115905583_._668-211_Canadian_Registration_TMA853184.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2


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

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: /Ludomir A. Budzyn/    Date: 08/21/2013
Signatory's Name: Ludomir A. Budzyn
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-331-1700

Response Suspension Inquiry Signature
Signature: /Ludomir A. Budzyn/     Date: 08/21/2013
Signatory's Name: Ludomir A. Budzyn
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-331-1700

        
RAM Sale Number: 85550636
RAM Accounting Date: 08/22/2013
        
Serial Number: 85550636
Internet Transmission Date: Wed Aug 21 16:44:22 EDT 2013
TEAS Stamp: USPTO/RSI-XX.X.XXX.X-2013082116442290492
6-85550636-5007f157b9d153a7a487a46d7c141
e9095222fb29d1aad109a5ca5206bbbe019-DA-3
867-20130821115905583408