| 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 |
85846417 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
| MARK SECTION |
| MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85846417 |
| LITERAL ELEMENT |
MCCULLOCH |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized word MCCULLOCH with an image of mountain peaks to the left. |
| GOODS AND/OR SERVICES SECTION (007)(current) |
| INTERNATIONAL CLASS |
007 |
| DESCRIPTION |
| Power operated saws, chain saws, clearing saws, tillers, shredders, cultivators, lawn mowing machines, ride on lawn mowers, trimming
machines, power cutters, brush cutters, blowing and sucking devices such as blowers and garden vacuums, snow-blowers, collectors, high pressure cleaners, multipurpose steam cleaners, lawn aerators,
scarifiers, stumpgrinders, lawn edgers, sawmills, water pumps, power cutters, motors, parts and accessories for the above mentioned goods |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/31/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2010 |
| GOODS AND/OR SERVICES SECTION (007)(proposed) |
| INTERNATIONAL CLASS |
007 |
| TRACKED TEXT DESCRIPTION |
Power operated saws, chain saws, clearing saws, tillers, shredders, cultivators, lawn mowing machines,
ride on lawn mowers, trimming machines, power cutters, brush cutters, blowing and sucking devices such as blowers and garden vacuums, snow-blowers, collectors, high pressure cleaners, multipurpose
steam cleaners, lawn aerators, scarifiers, stumpgrinders, lawn edgers, sawmills, water pumps, power cutters, motors, parts and accessories for the above mentioned goods; Power operated saws; chain saws; power operated clearing saws; power
tillers; power shredders; power operated cultivators; lawn mowing machines;
ride on lawn mowers, power operated grass/weed trimming machines; power garden and lawn cutters; power brush cutters; blowing and sucking devices, namely, power operated blowers and garden vacuums, snow-blowers, power collectors for lawn
debris; high pressure cleaners that use high pressure water; multipurpose steam cleaners; power-operated lawn aerators; earth moving machines in the nature of scarifiers; power-operated garden tools in
the nature of stumpgrinders; power operated lawn edgers; sawmills; water pumps for
use in irrigation, swimming pools, and hot tubs; power cutters; electric motors not for land vehicles; parts and accessories for the above mentioned goods, namely air filters for use in chainsaws, air filters for use in lawn mowing machines, bars for use in chainsaws, chain and
chain loops for us in chainsaws, sprockets, fuel lines, sharpeners for use in chainsaws, spark plugs for portable products, filing machines and parts thereof for use with chainsaws, blades for power
saws, blades for lawn mowers, heads for power operated trimmers, lawn and garden string trimmer spools, blower attachment for power operated tools, brushcutter attachment for power operated tools,
cultivator attachment for power operated tools, lawn edger attachment for power operated tools, hedge cutter attachment for power operated tools, pruner attachment for power operated tools, tire snow
chains for ride on lawn mowers and power tillers, snow-clearing and throwing attachments for lawn mowers and power tillers, roller attachment for lawn mowers, moss rake attachment for lawn mowers and
power tillers, front mounted rotary broom for lawn mowers, sweepers and collectors of lawn debris attachment for lawn mowers, edger attachment for power tillers, blades for power tillers,
lawn-aerator attachment for power tillers, ridger attachment for power tillers, tines for power tillers, and wheels for power tillers |
| FINAL DESCRIPTION |
| Power operated saws; chain saws; power operated clearing saws; power tillers; power shredders; power operated cultivators; lawn mowing
machines; ride on lawn mowers, power operated grass/weed trimming machines; power garden and lawn cutters; power brush cutters; blowing and sucking devices, namely, power operated blowers and garden
vacuums, snow-blowers, power collectors for lawn debris; high pressure cleaners that use high pressure water; multipurpose steam cleaners; power-operated lawn aerators; earth moving machines in the
nature of scarifiers; power-operated garden tools in the nature of stumpgrinders; power operated lawn edgers; sawmills; water pumps for use in irrigation, swimming pools, and hot tubs; power cutters;
electric motors not for land vehicles; parts and accessories for the above mentioned goods, namely air filters for use in chainsaws, air filters for use in lawn mowing machines, bars for use in
chainsaws, chain and chain loops for us in chainsaws, sprockets, fuel lines, sharpeners for use in chainsaws, spark plugs for portable products, filing machines and parts thereof for use with
chainsaws, blades for power saws, blades for lawn mowers, heads for power operated trimmers, lawn and garden string trimmer spools, blower attachment for power operated tools, brushcutter attachment
for power operated tools, cultivator attachment for power operated tools, lawn edger attachment for power operated tools, hedge cutter attachment for power operated tools, pruner attachment for power
operated tools, tire snow chains for ride on lawn mowers and power tillers, snow-clearing and throwing attachments for lawn mowers and power tillers, roller attachment for lawn mowers, moss rake
attachment for lawn mowers and power tillers, front mounted rotary broom for lawn mowers, sweepers and collectors of lawn debris attachment for lawn mowers, edger attachment for power tillers, blades
for power tillers, lawn-aerator attachment for power tillers, ridger attachment for power tillers, tines for power tillers, and wheels for power tillers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/31/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/31/2010 |
| GOODS AND/OR SERVICES SECTION (012)(no change) |
| ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized word "MCCULLOCH" with a stylized letter "M" formed by an image of mountain peaks to the left. |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 3099030, 2574201, 1717506, and others. |
| SIGNATURE SECTION |
| ORIGINAL PDF FILE |
HS_12141226-101039462_._85846417.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\858\464\85846417\xml7\ROA0002.JPG |
| SIGNATORY'S NAME |
Chris McAvoy |
| SIGNATORY'S POSITION |
Vice President, Intellectual Property |
| RESPONSE SIGNATURE |
/Lindsay A. Victor/ |
| SIGNATORY'S NAME |
Lindsay A. Victor |
| SIGNATORY'S POSITION |
Attorney of Record, Georgia and District of Columbia Bar Member |
| SIGNATORY'S PHONE NUMBER |
404-815-6500 |
| DATE SIGNED |
10/28/2013 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Oct 28 10:27:11 EDT 2013 |
| TEAS STAMP |
USPTO/ROA-XX.X.XX.XXX-201
31028102711120736-8584641
7-500a64ae1102cdca631a32b
d974c19c650a078acd8207d45
2e33b39bc9966119-N/A-N/A-
20131028101039462856 |
| 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.
85846417 MCCULLOCH (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85846417) 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 007 for Power operated saws, chain saws, clearing saws, tillers, shredders, cultivators, lawn mowing machines, ride on lawn mowers, trimming machines, power cutters, brush
cutters, blowing and sucking devices such as blowers and garden vacuums, snow-blowers, collectors, high pressure cleaners, multipurpose steam cleaners, lawn aerators, scarifiers, stumpgrinders, lawn
edgers, sawmills, water pumps, power cutters, motors, parts and accessories for the above mentioned goods
Original Filing Basis:
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. The mark was first used at least as early as 12/31/2010 and first used in commerce at least as early as 12/31/2010 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Power operated saws, chain saws, clearing saws, tillers, shredders, cultivators, lawn mowing machines, ride on lawn mowers, trimming
machines, power cutters, brush cutters, blowing and sucking devices such as blowers and garden vacuums, snow-blowers, collectors, high pressure cleaners, multipurpose steam cleaners, lawn aerators,
scarifiers, stumpgrinders, lawn edgers, sawmills, water pumps, power cutters, motors, parts and accessories for the above mentioned goods;
Power operated
saws;
chain saws;
power operated clearing saws;
power tillers;
power shredders;
power operated cultivators;
lawn mowing machines;
ride on lawn mowers, power operated grass/weed trimming machines;
power garden and lawn cutters;
power brush
cutters;
blowing and sucking devices, namely, power operated blowers and garden vacuums, snow-blowers, power collectors for lawn debris;
high pressure cleaners that use high pressure water;
multipurpose steam cleaners;
power-operated
lawn aerators;
earth moving machines in the nature of scarifiers;
power-operated garden tools in the nature of
stumpgrinders;
power operated lawn edgers;
sawmills;
water pumps for use in
irrigation, swimming pools, and hot tubs;
power cutters;
electric motors not for land vehicles;
parts and accessories for the above mentioned goods, namely air filters for use in chainsaws, air filters for use in lawn mowing machines, bars for use in chainsaws, chain and chain
loops for us in chainsaws, sprockets, fuel lines, sharpeners for use in chainsaws, spark plugs for portable products, filing machines and parts thereof for use with chainsaws, blades for power saws,
blades for lawn mowers, heads for power operated trimmers, lawn and garden string trimmer spools, blower attachment for power operated tools, brushcutter attachment for power operated tools,
cultivator attachment for power operated tools, lawn edger attachment for power operated tools, hedge cutter attachment for power operated tools, pruner attachment for power operated tools, tire snow
chains for ride on lawn mowers and power tillers, snow-clearing and throwing attachments for lawn mowers and power tillers, roller attachment for lawn mowers, moss rake attachment for lawn mowers and
power tillers, front mounted rotary broom for lawn mowers, sweepers and collectors of lawn debris attachment for lawn mowers, edger attachment for power tillers, blades for power tillers,
lawn-aerator attachment for power tillers, ridger attachment for power tillers, tines for power tillers, and wheels for power tillersClass 007 for Power operated saws; chain saws; power
operated clearing saws; power tillers; power shredders; power operated cultivators; lawn mowing machines; ride on lawn mowers, power operated grass/weed trimming machines; power garden and lawn
cutters; power brush cutters; blowing and sucking devices, namely, power operated blowers and garden vacuums, snow-blowers, power collectors for lawn debris; high pressure cleaners that use high
pressure water; multipurpose steam cleaners; power-operated lawn aerators; earth moving machines in the nature of scarifiers; power-operated garden tools in the nature of stumpgrinders; power
operated lawn edgers; sawmills; water pumps for use in irrigation, swimming pools, and hot tubs; power cutters; electric motors not for land vehicles; parts and accessories for the above mentioned
goods, namely air filters for use in chainsaws, air filters for use in lawn mowing machines, bars for use in chainsaws, chain and chain loops for us in chainsaws, sprockets, fuel lines, sharpeners
for use in chainsaws, spark plugs for portable products, filing machines and parts thereof for use with chainsaws, blades for power saws, blades for lawn mowers, heads for power operated trimmers,
lawn and garden string trimmer spools, blower attachment for power operated tools, brushcutter attachment for power operated tools, cultivator attachment for power operated tools, lawn edger
attachment for power operated tools, hedge cutter attachment for power operated tools, pruner attachment for power operated tools, tire snow chains for ride on lawn mowers and power tillers,
snow-clearing and throwing attachments for lawn mowers and power tillers, roller attachment for lawn mowers, moss rake attachment for lawn mowers and power tillers, front mounted rotary broom for
lawn mowers, sweepers and collectors of lawn debris attachment for lawn mowers, edger attachment for power tillers, blades for power tillers, lawn-aerator attachment for power tillers, ridger
attachment for power tillers, tines for power tillers, and wheels for power tillers
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. The mark was first used at least as early as 12/31/2010 and first used in commerce at least as early as 12/31/2010 , and
is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized word "MCCULLOCH" with a stylized letter "M" formed by an image of mountain peaks to the left.
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3099030, 2574201, 1717506, and others.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_12141226-101039462_._85846417.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Chris McAvoy
Signatory's Position: Vice President, Intellectual Property
Response Signature
Signature: /Lindsay A. Victor/ Date: 10/28/2013
Signatory's Name: Lindsay A. Victor
Signatory's Position: Attorney of Record, Georgia and District of Columbia Bar Member
Signatory's Phone Number: 404-815-6500
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: 85846417
Internet Transmission Date: Mon Oct 28 10:27:11 EDT 2013
TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-201310281027111207
36-85846417-500a64ae1102cdca631a32bd974c
19c650a078acd8207d452e33b39bc9966119-N/A
-N/A-20131028101039462856
