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. 86027926 FAB (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86027926) 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 006 for Fireplace screens; Sculptures made of metal; home décor made of common metals and their alloys; Fireplace grates; fire pits; Bicycle locks; Decorative boxes made of non-precious metal; Decorative centerpieces of common metal; Metal animal shelters; Metal hooks; Towel hooks of metal; key chains made of metal; goods of common metal not included in other classes; metal handles; Holiday ornaments of common metal; Decorative metal; gates; gazebos; boxes; doors; cans; boxes; containers
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: Fireplace screens; Sculptures made of metal; home décor made of common metals and their alloys; home décor, namely, works of art made of common metals and their alloys; Fireplace grates; fire pits; portable metal fireplaces; Bicycle locks; Decorative boxes made of non-precious metal; Decorative centerpieces of common metal; Metal animal shelters; Metal hooks; Towel hooks of metal; key chains made of metal; goods of common metal not included in other classes; goods of common metal not included in other classes, namely, figurines and sculptural objects, non-luminous and non-mechanical metal signs, door hooks, baskets of common metals, bowls made of common metals, serving trays made of common metals, vanity trays made of common metals, cabinet knobs made of metal, drawer pulls made of metal, metal hinges, metal latches, metal knockers, metal house numbers and letters, metal trellises, metal ladders; metal handles; metal door handles; Holiday ornaments of common metal; Decorative metal; Decorative metal, namely, metal fireplace surrounds and metal decorative fireplace facings, decorative leaf wall hanging, scarecrows and pumpkins, metal garment hooks; gates; Metals gates; gazebos; Metal gazebos; boxes; Metal boxes; doors; Metal doors; cans; Metal cans; boxes; Metal boxes; containers; General purpose metal storage containersClass 006 for Fireplace screens; Sculptures made of metal; home décor, namely, works of art made of common metals and their alloys; Fireplace grates; portable metal fireplaces; Bicycle locks; Decorative boxes made of non-precious metal; Decorative centerpieces of common metal; Metal animal shelters; Metal hooks; Towel hooks of metal; key chains made of metal; goods of common metal not included in other classes, namely, figurines and sculptural objects, non-luminous and non-mechanical metal signs, door hooks, baskets of common metals, bowls made of common metals, serving trays made of common metals, vanity trays made of common metals, cabinet knobs made of metal, drawer pulls made of metal, metal hinges, metal latches, metal knockers, metal house numbers and letters, metal trellises, metal ladders; metal door handles; Holiday ornaments of common metal; Decorative metal, namely, metal fireplace surrounds and metal decorative fireplace facings, decorative leaf wall hanging, scarecrows and pumpkins, metal garment hooks; Metals gates; Metal gazebos; Metal boxes; Metal doors; Metal cans; Metal boxes; General purpose metal storage containers
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: /Holly Pranger/     Date: 02/18/2014
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 415.885.9800

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: 86027926
Internet Transmission Date: Tue Feb 18 21:11:18 EST 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201402182111184
49535-86027926-5007eba92c3126916710ffceb
ec93580c26757f218c4db7ff66c752ad467cda1-
N/A-N/A-20140218210754216402