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. 86034076 LIVEWATER(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86034076) 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 040 for frac water management services, including selection, analysis, treatment, storage, transfer, recycling, disposal, and environmental risk mitigation
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: frac water management services, including selection, analysis, treatment, storage, transfer, recycling, disposal, and environmental risk mitigation; fracturing water management services for oil and gas wells, namely ¶
from available base water sources selection of base water and commingled sources to be used in fracturing fluids, ¶
analysis of base water sources for fracturing fluids, ¶
treatment of selected base water and commingled sources for fracturing fluids, ¶
storage of selected base water and commingled sources for fracturing fluids, ¶
transfer of selected base water and commingled sources for fracturing fluids from sources to well site, ¶
recycling of fracturing fluids used in well fracturing operations, ¶
disposal of fracturing fluids used in fracturing operations, and ¶
environmental risk mitigation in connection with treatment of selected base water and commingled sources for fracturing fluidsClass 040 for fracturing water management services for oil and gas wells, namely from available base water sources selection of base water and commingled sources to be used in fracturing fluids, analysis of base water sources for fracturing fluids, treatment of selected base water and commingled sources for fracturing fluids, storage of selected base water and commingled sources for fracturing fluids, transfer of selected base water and commingled sources for fracturing fluids from sources to well site, recycling of fracturing fluids used in well fracturing operations, disposal of fracturing fluids used in fracturing operations, and environmental risk mitigation in connection with treatment of selected base water and commingled sources for fracturing fluids
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney requested additional information about the services. Applicant's services are related to the providing of base water in connection with the fracturing of oil and gas wells. Applicant is seeking patent protection on various aspects of the services. As examples of the patent protection being sought Applicant attaches United States patent no. 8,316,935 for a "Method of Delivering Frac Fluid and Additives"; a TETRASTEEL 1200 Rapid Deployment Frac Water Transfer System Brochure; and TETRA STEELWATERZ Brochure for "Temporary Frac Water Containment Systems."

Original PDF file:
mis-2081156198-160431354_._8316935-printed.pdf
Converted PDF file(s) ( 17 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7
Miscellaneous File8
Miscellaneous File9
Miscellaneous File10
Miscellaneous File11
Miscellaneous File12
Miscellaneous File13
Miscellaneous File14
Miscellaneous File15
Miscellaneous File16
Miscellaneous File17
Original PDF file:
mis-2081156198-160431354_._STEELWATERZ_Brochure-printed.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
mis-2081156198-160431354_._TETRASTEEL_1200_Brochure-printed.pdf
Converted PDF file(s) ( 4 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4

SIGNATURE(S)
Response Signature
Signature: /ban/     Date: 01/08/2014
Signatory's Name: Brett A. North
Signatory's Position: Attorney of Record, LA Bar Member

Signatory's Phone Number: 5048352000

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: 86034076
Internet Transmission Date: Wed Jan 08 16:16:17 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2014010816161794
8137-86034076-50039ec93c6e4e51fdd8279968
6ce1ee3eab38c822f6e748ddea3da8f840532e71
-N/A-N/A-20140108160431354552