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. 85761087 ENDURA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85761087) has been amended as follows:

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

In response to the Section 2(d) refusal, Applicant has amended the description of goods to remove the recited goods that are noted by the Office Action as causing the alleged likelihood of confusion.  In particular, the components "valves in the nature of plumbing fittings and pressure vessels" have been deleted.  Applicant believes the amendment renders the Section 2(d) refusal moot.

Applicant's goods are large commercial boilers and water heaters.  Applicant's goods are different than, and are sold by different channels of trade than, the goods recited for the three registered marks noted by the Office Action.

The signing attorney requests a telephone call if any issue remains.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Boilers, namely, steam heating boilers, hot water boilers, and hydronic boilers; water heaters; components for heating boilers and water heaters, namely, heat exchangers, valves in the nature of plumbing fittings and pressure vessels
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: Boilers, namely, steam heating boilers, hot water boilers, and hydronic boilers; water heaters; components for heating boilers and water heaters, namely, heat exchangers, valves in the nature of plumbing fittings and pressure vessels; components for heating boilers and water heaters, namely, heat exchangersClass 011 for Boilers, namely, steam heating boilers, hot water boilers, and hydronic boilers; water heaters; components for heating boilers and water heaters, namely, heat exchangers
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: /mark swanson/     Date: 04/26/2013
Signatory's Name: Mark D. Swanson
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 8474901400

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: 85761087
Internet Transmission Date: Fri Apr 26 17:10:31 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2013042617103138
4208-85761087-500b923706a3347fcf6992c775
ef96e527351a60d79f85ef636b76eb2add1f15e4
-N/A-N/A-20130426165740490872