Response to Office Action

PTO Form 1957 (Rev 9/2005)

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

---

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. 86039973 KEY TECHNOLOGY (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86039973) 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 Vibratory drives for conveyors and shakers; food processing machines, namely, conveyors, air cleaners; vibratory separators; steam pressure blanchers; mechanical spreaders; mechanical shakers for separating solids; size length graders for food; vibratory conveyors; conveyor belts; mechanical gravity sorters and air sorters for foods; trimming machines for foods; sorting machines for handling and processing food products
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: Vibratory drives for conveyors and shakers; food processing machines, namely, conveyors, air cleaners; vibratory separators; steam pressure blanchers; mechanical spreaders; mechanical shakers for separating solids; size length graders for food; vibratory conveyors; conveyor belts; mechanical gravity sorters and air sorters for foods; trimming machines for foods; sorting machines for handling and processing food productsClass 007 for Vibratory drives for conveyors and shakers; food processing machines, namely, conveyors, air cleaners; vibratory separators; mechanical spreaders; mechanical shakers for separating solids; size length graders for food; vibratory conveyors; conveyor belts; mechanical gravity sorters and air sorters for foods; trimming machines for foods; sorting machines for handling and processing food products
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 009 for Inspection and sorting machines, namely, optical inspection and sorting machines for inspecting and sorting food and pharmaceutical products; optical scanners for monitoring the color of bulk articles moving past a monitoring station; scanners in the nature of high resolution cameras for monitoring product quality; optical inspection and sorting apparatus for imaging across conveyors, namely, optical scanners, computer hardware, computer software, gravity sorters and air sorters; computer software for optical inspection equipment; and intelligent controllers for vibratory conveyors
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: Inspection and sorting machines, namely, optical inspection and sorting machines for inspecting and sorting food and pharmaceutical products; optical scanners for monitoring the color of bulk articles moving past a monitoring station; scanners in the nature of high resolution cameras for monitoring product quality; optical inspection and sorting apparatus for imaging across conveyors, namely, optical scanners, computer hardware, computer software, gravity sorters and air sorters; computer software for optical inspection equipment; and intelligent controllers for vibratory conveyors; and micro-processor based intelligent controllers for vibratory conveyorsClass 009 for Inspection and sorting machines, namely, optical inspection and sorting machines for inspecting and sorting food and pharmaceutical products; optical scanners for monitoring the color of bulk articles moving past a monitoring station; scanners in the nature of high resolution cameras for monitoring product quality; optical inspection and sorting apparatus for imaging across conveyors, namely, optical scanners, computer hardware, computer software, gravity sorters and air sorters; computer software for optical inspection equipment; and micro-processor based intelligent controllers for vibratory conveyors
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
Disclaimer
No claim is made to the exclusive right to use TECHNOLOGY apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Shamus T. O'Doherty/     Date: 12/23/2013
Signatory's Name: Shamus T. O'Doherty
Signatory's Position: Attorney of record, Washington bar member

Signatory's Phone Number: (509)455-6000

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: 86039973
Internet Transmission Date: Mon Dec 23 19:16:15 EST 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201312231916152
55792-86039973-5007e568a745069c89baefa23
ed6c286a22d92f91cdfaf1d35454d86e9110f7ff
-N/A-N/A-20131223190310761582