TEAS Response to Suspension Inquiry

PTO Form 1822 (Rev 11/2007)

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

---

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. 85821285 RECOVER (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85821285) has been amended as follows:
FOREIGN APPLICATION(S)
The foreign application(s) No(s). 1605630 being used as the basis for a priority claim under Section 44(d) of the Trademark Act has/have not yet matured into a registration in the applicant's country of origin. I hereby request that the application be re-suspended.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for electric pumps; systems for dyeing treated wastewater as a means of visual indication; elevating bases and stands for grey water management equipment
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)).

Based on Foreign Application: 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 will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: electric pumps; systems for dyeing treated wastewater as a means of visual indication; systems for adding dye colorant to a non-potable water supply as a means of visual indication, namely, dye reservoirs and dye pumps; elevating bases and stands for grey water management equipmentClass 007 for electric pumps; systems for adding dye colorant to a non-potable water supply as a means of visual indication, namely, dye reservoirs and dye pumps; elevating bases and stands for grey water management equipment
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for electronic water level sensors; solenoid valves; electronic controllers for grey water management equipment; plumbing fixture leak detection and prevention products
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)).

Based on Foreign Application: 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 will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: electronic water level sensors; solenoid valves; electronic controllers for grey water management equipment; plumbing fixture leak detection and prevention products; sensors for indication and detection of plumbing leaksClass 009 for electronic water level sensors; solenoid valves; electronic controllers for grey water management equipment; sensors for indication and detection of plumbing leaks
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for water tank settlers for reduction of solids in wastewater; water coagulation units, namely, water tanks for the reduction of suspended solids in wastewater; water filters; water conservation plumbing fixtures, namely, aerators; water softening apparatus and installations; water chlorinators for use in water supply and sanitary apparatuses; plumbing fittings, namely, water hammer arrestors for use in water lines for domestic and commercial use; spray nozzles for use in water filter cleaning; landscape irrigation systems and components, namely, pipes, fittings, sprayers and controllers; turf grass irrigation systems and components, namely, pipes, fittings, sprayers and controllers; garden irrigation systems and components, namely, pipes, fittings, sprayers and controllers; automatic toilet fill valves; automatic toilet flapper valves
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)).

Based on Foreign Application: 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 will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: water tank settlers for reduction of solids in wastewater; water coagulation units, namely, water tanks for the reduction of suspended solids in wastewater; water filters; water conservation plumbing fixtures, namely, aerators; water softening apparatus and installations; water chlorinators for use in water supply and sanitary apparatuses; water chlorinators for the purpose of disinfecting reused domestic water; plumbing fittings, namely, water hammer arrestors for use in water lines for domestic and commercial use; spray nozzles for use in water filter cleaning; landscape irrigation systems and components, namely, pipes, fittings, sprayers and controllers; turf grass irrigation systems and components, namely, pipes, fittings, sprayers and controllers; garden irrigation systems and components, namely, pipes, fittings, sprayers and controllers; automatic toilet fill valves; automatic toilet flapper valvesClass 011 for water tank settlers for reduction of solids in wastewater; water coagulation units, namely, water tanks for the reduction of suspended solids in wastewater; water filters; water conservation plumbing fixtures, namely, aerators; water softening apparatus and installations; water chlorinators for the purpose of disinfecting reused domestic water; plumbing fittings, namely, water hammer arrestors for use in water lines for domestic and commercial use; spray nozzles for use in water filter cleaning; landscape irrigation systems and components, namely, pipes, fittings, sprayers and controllers; turf grass irrigation systems and components, namely, pipes, fittings, sprayers and controllers; garden irrigation systems and components, namely, pipes, fittings, sprayers and controllers; automatic toilet fill valves; automatic toilet flapper valves
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for planter boxes with integral watering systems
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)).

Based on Foreign Application: 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 will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: planter boxes with integral watering systems; planter boxes with integral watering systems for the purpose of domestic gardeningClass 021 for planter boxes with integral watering systems for the purpose of domestic gardening
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)).

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.


Response Suspension Inquiry Signature
Signature: /Ludomir A. Budzyn/     Date: 01/29/2014
Signatory's Name: Ludomir A. Budzyn
Signatory's Position: Attorney of record, NJ bar member
Signatory's Phone Number: 973-331-1700

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: 85821285
Internet Transmission Date: Wed Jan 29 17:15:46 EST 2014
TEAS Stamp: USPTO/RSI-XX.X.XXX.X-2014012917154635128
7-85821285-500d5cbd7b77bbbffea679c6e4a38
c9d015ee3437581b16a6dda8b12f4d750e09d-N/
A-N/A-20140129161927752132