Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

Response to Office Action

The table below presents the data as entered.

Input Field	Entered
SERIAL NUMBER	85658775
LAW OFFICE ASSIGNED	LAW OFFICE 108
MARK SECTION
MARK	http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85658775
LITERAL ELEMENT	SERIES 3000
STANDARD CHARACTERS	YES
USPTO-GENERATED IMAGE	YES
MARK STATEMENT	The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS	001
DESCRIPTION	Nickel super alloy coating
FILING BASIS	Section 1(b)
FILING BASIS	Section 44(d)
FOREIGN APPLICATION NUMBER	1571916
FOREIGN APPLICATION COUNTRY	Canada
FOREIGN FILING DATE	04/04/2012
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS	001
TRACKED TEXT DESCRIPTION
~~Nickel super alloy coating~~; Metal plating chemical compositions, namely, electroless nickel super alloy compositions
FINAL DESCRIPTION
Metal plating chemical compositions, namely, electroless nickel super alloy compositions
FILING BASIS	Section 1(b)
FILING BASIS	Section 44(d)
FOREIGN APPLICATION NUMBER	1571916
FOREIGN APPLICATION COUNTRY	Canada
FOREIGN FILING DATE	04/04/2012
ADDITIONAL STATEMENTS SECTION
DISCLAIMER	No claim is made to the exclusive right to use SERIES apart from the mark as shown.
SIGNIFICANCE OF MARK	3000 appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.
MISCELLANEOUS STATEMENT	The foreign registration has not yet issued. Applicant requests that the subject application be suspended until the foreign application matures to registration.
SIGNATURE SECTION
ORIGINAL PDF FILE	HS_381002982-111815282_._FRAW.T0076_77_78_79US.AP1_Declaration.pdf
CONVERTED PDF FILE(S) (1 page)	\\TICRS\EXPORT16\IMAGEOUT16\856\587\85658775\xml4\ROA0002.JPG
SIGNATORY'S NAME	Bob Franke
SIGNATORY'S POSITION	President
RESPONSE SIGNATURE	/tmv/
SIGNATORY'S NAME	Tara M. Vold
SIGNATORY'S POSITION	Attorney for Applicant
SIGNATORY'S PHONE NUMBER	202-662-0200
DATE SIGNED	04/05/2013
AUTHORIZED SIGNATORY	YES
FILING INFORMATION SECTION
SUBMIT DATE	Fri Apr 05 13:44:16 EDT 2013
TEAS STAMP	USPTO/ROA-XX.XXX.XX.XX-20 130405134416864090-856587 75-500203f39f1a499c319076 a1f9ec4bccfbe08d1d2cb4889 dd3b32f2549e77476b8-N/A-N /A-20130405111815282509

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. 85658775 SERIES 3000(Standard Characters, see http://tess2.uspto.gov/ImageAgent/ImageAgentProxy?getImage=85658775) 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 001 for Nickel super alloy coating
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1571916 filed 04/04/2012]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: ~~Nickel super alloy coating~~; Metal plating chemical compositions, namely, electroless nickel super alloy compositions

Class 001 for Metal plating chemical compositions, namely, electroless nickel super alloy compositions
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1571916 filed 04/04/2012]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SERIES apart from the mark as shown.

Significance of wording, letter(s), or numeral(s)
3000 appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

Miscellaneous Statement
The foreign registration has not yet issued. Applicant requests that the subject application be suspended until the foreign application matures to registration.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_381002982-111815282_._FRAW.T0076_77_78_79US.AP1_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Bob Franke
Signatory's Position: President

Response Signature
Signature: /tmv/ Date: 04/05/2013
Signatory's Name: Tara M. Vold
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 202-662-0200

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: 85658775
Internet Transmission Date: Fri Apr 05 13:44:16 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20130405134416864
090-85658775-500203f39f1a499c319076a1f9e
c4bccfbe08d1d2cb4889dd3b32f2549e77476b8-
N/A-N/A-20130405111815282509