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. 85640249 PMI (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85640249) 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 006 for Terminal fittings, namely, metal loops and rings; dead ends for cables and wires; strands, namely, non-electric single or multi-strand wire; electro-mechanical cables and fiber optic cables; splices for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; metal splice connectors for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; waterproof splice covers for cables, wires, strands, and synthetic ropes; splice shunts; spacers for parallel conductors, namely, spacer brackets of metal; support blocks and tangent supports, for cables and wires; metal hardware for securing, supporting, and protecting lines, cable, strand and synthetic ropes, namely suspensions, dead ends, spacers, repair rods, supports and components thereof all sold together as a unit; yoke plates, clevises, socket eyes in the nature of metal eye bolts, and hold down shackles in the nature of metal shackles for lifting and rigging; steel lashing rods and wires and terminations for gripping underwater cables; steel armor rods; suspension assemblies for lines, cable, strands and synthetic ropes, namely brackets, connectors, and plates; strain relief couplings for use with underwater cables; cable separators, in the nature of metal and non-metal blocks; supporting and routing devices for data conductors, namely supports and support blocks, metal clamps and metal brackets for general use
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: Terminal fittings, namely, metal loops and rings; Terminal fittings, namely, metal loops and rings for lines, cable, strands and synthetic ropes; dead ends for cables and wires; metal dead ends for securing, gripping, supporting, and protecting lines, cables, strands, synthetic ropes, and wires; strands, namely, non-electric single or multi-strand wire; electro-mechanical cables and fiber optic cables; spacers for parallel lines, cable, strands, and synthetic ropes, namely, spacer brackets of metal; splices for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; metal support pieces and tangent supports for cables and wires; metal splice connectors for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; metal hardware for securing, gripping, supporting, and protecting lines, cable, strands and synthetic ropes, namely suspensions, dead ends, spacers, repair rods, supports and components thereof; waterproof splice covers for cables, wires, strands, and synthetic ropes; yoke plates, clevises, socket eyes in the nature of metal eye bolts, and hold down shackles in the nature of metal shackles for lifting and rigging; splice shunts; steel lashing rods and wires and terminations for gripping underwater cables; spacers for parallel conductors, namely, spacer brackets of metal; steel armor rods for securing, gripping, supporting and protecting lines, cable, strands and synthetic ropes; support blocks and tangent supports, for cables and wires; metal suspension assemblies for lines, cable, strands and synthetic ropes, namely brackets, connectors, and plates; metal hardware for securing, supporting, and protecting lines, cable, strand and synthetic ropes, namely suspensions, dead ends, spacers, repair rods, supports and components thereof all sold together as a unit; cable separators, in the nature of metal and non-metal blocks; supporting and routing devices for data conductors, namely metal brackets, supports, support blocks, and metal clamps; steel armor rods; suspension assemblies for lines, cable, strands and synthetic ropes, namely brackets, connectors, and plates; strain relief couplings for use with underwater cables; supporting and routing devices for data conductors, namely supports and support blocks, metal clamps and metal brackets for general useClass 006 for Terminal fittings, namely, metal loops and rings for lines, cable, strands and synthetic ropes; metal dead ends for securing, gripping, supporting, and protecting lines, cables, strands, synthetic ropes, and wires; strands, namely, non-electric single or multi-strand wire; spacers for parallel lines, cable, strands, and synthetic ropes, namely, spacer brackets of metal; metal support pieces and tangent supports for cables and wires; metal hardware for securing, gripping, supporting, and protecting lines, cable, strands and synthetic ropes, namely suspensions, dead ends, spacers, repair rods, supports and components thereof; yoke plates, clevises, socket eyes in the nature of metal eye bolts, and hold down shackles in the nature of metal shackles for lifting and rigging; steel lashing rods and wires and terminations for gripping underwater cables; steel armor rods for securing, gripping, supporting and protecting lines, cable, strands and synthetic ropes; metal suspension assemblies for lines, cable, strands and synthetic ropes, namely brackets, connectors, and plates; cable separators, in the nature of metal and non-metal blocks; supporting and routing devices for data conductors, namely metal brackets, supports, support blocks, and metal clamps
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 proposes to amend the following class of goods/services in the application:
Current: Class 009 for Hardware accessories for electrical ropes, cables, strands, wires and fiber optic cables, namely cable connectors, cable cleavers, clamps for wire rope and electromechanical and optical cables; spacing assemblies for electrical ropes, cables, strands, wires and fiber optic cables; damping assemblies for electrical ropes, cables, strands, wires and fiber optic cables; electrical connectors; cable protectors, namely sheaths for electric cables; suspension assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, brackets, connectors, and plates; cable separators, in the nature of metal and non-metal blocks
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: Hardware accessories for electrical ropes, cables, strands, wires and fiber optic cables, namely cable connectors, cable cleavers, clamps for wire rope and electromechanical and optical cables; Hardware accessories for electrical ropes, cables, strands, wires and fiber optic cables, namely cable connectors, cable cleavers, clamps for wire rope and electromechanical and optical cables sold separately or as a unit; spacing assemblies for electrical ropes, cables, strands, wires and fiber optic cables; distance spacing assemblies for electrical ropes, cables, strands, wires and fiber optic cables; damping assemblies for electrical ropes, cables, strands, wires and fiber optic cables; damping assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, vibration dampeners; electrical connectors; cable protectors, namely sheaths for electric cables; suspension assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, brackets, connectors, and plates; suspension assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, , brackets, and plates; cable separators, in the nature of metal and non-metal blocks; cable separators, in the nature of metal and non-metal support pieces; electro-mechanical cables and fiber optic cables; splices for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; metal splice connectors for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; strain relief couplings for use with underwater cablesClass 009 for Hardware accessories for electrical ropes, cables, strands, wires and fiber optic cables, namely cable connectors, cable cleavers, clamps for wire rope and electromechanical and optical cables sold separately or as a unit; distance spacing assemblies for electrical ropes, cables, strands, wires and fiber optic cables; damping assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, vibration dampeners; electrical connectors; cable protectors, namely sheaths for electric cables; suspension assemblies for electrical ropes, cables, strands, wires and fiber optic cables, namely, , brackets, and plates; cable separators, in the nature of metal and non-metal support pieces; electro-mechanical cables and fiber optic cables; splices for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; metal splice connectors for non-electric wire and cable, electro-mechanical cable, and fiber optic cable; strain relief couplings for use with underwater cables
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 017 for Waterproof splice covers for cables, wires, strands, and synthetic ropes
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended.

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

SIGNATURE(S)
Response Signature
Signature: /colleenfgoss/     Date: 10/16/2013
Signatory's Name: Colleen Flynn Goss
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 216.363.9000

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: 85640249
RAM Accounting Date: 10/17/2013
        
Serial Number: 85640249
Internet Transmission Date: Wed Oct 16 17:50:28 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013101617502882
0037-85640249-500eaaecd6eaccc42286df1443
0e1a246895fd70bdabe6f6c4ccc04a985cfa32b8
-CC-5255-20131016174544239829