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. 85430182 KEYSTONE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85430182) has been amended as follows:

EVIDENCE
Evidence in the nature of PDF file containing response to Section 2(d) refusal for likelihood of confusion in Class 11, together with exhibits to support arguments. has been attached.
Original PDF file:
evi_389819678-175317212_._KEYSTONE_Office_Action_Response.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for clothes washers, dishwashers, juicers, vacuums, electric food processors
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: clothes washers, dishwashers, juicers, vacuums, electric food processors; Clothes washers, dishwashers, electric juicers, vacuum cleaners and electric food processorsClass 007 for Clothes washers, dishwashers, electric juicers, vacuum cleaners and electric food processors
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 011 for refrigerators, freezers, air conditioners, dehumidifiers, stoves, microwaves, washers, dryers, toasters, blenders, coffee makers, deep fryers, Panini presses, griddles, wine chillers/coolers, small refrigeration units, rice cookers, bread makers, fans, cook tops, range tops, wall ovens, microwave ovens, steam ovens, convection ovens, mixers, range hoods, portable electric heaters
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: refrigerators, freezers, air conditioners, dehumidifiers, stoves, microwaves, washers, dryers, toasters, blenders, coffee makers, deep fryers, Panini presses, griddles, wine chillers/coolers, small refrigeration units, rice cookers, bread makers, fans, cook tops, range tops, wall ovens, microwave ovens, steam ovens, convection ovens, mixers, range hoods, portable electric heaters; Refrigerators, freezers, air conditioners, dehumidifiers, electric and gas stoves, microwave ovens, clothes dryers, electric toasters, electric blenders, electric coffee makers, electric deep fryers, electric Panini presses, electric griddles, wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves, small refrigeration units to chill food and beverages, electric rice cookers, bread making machines, electric fans, cook tops, namely, cooking ranges, range tops, namely, electric and gas ranges, wall ovens and steam ovens for household use, microwave ovens, convection ovens, electric mixers, range hoods and portable electric heatersClass 011 for Refrigerators, freezers, air conditioners, dehumidifiers, electric and gas stoves, microwave ovens, clothes dryers, electric toasters, electric blenders, electric coffee makers, electric deep fryers, electric Panini presses, electric griddles, wine coolers, namely, refrigerated cabinets containing racks for wine bottles and storage shelves, small refrigeration units to chill food and beverages, electric rice cookers, bread making machines, electric fans, cook tops, namely, cooking ranges, range tops, namely, electric and gas ranges, wall ovens and steam ovens for household use, microwave ovens, convection ovens, electric mixers, range hoods and portable electric heaters
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: /rudell/     Date: 07/06/2012
Signatory's Name: Ryan J. Udell
Signatory's Position: Attorney of record, PA bar member

Signatory's Phone Number: 215-864-7152

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: 85430182
Internet Transmission Date: Fri Jul 06 18:05:22 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20120706180522810
133-85430182-490e899b26da27f79f7ebdb7125
9ebb27-N/A-N/A-20120706175317212496