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. 86065030 STEAMSPA(Standard Characters, see http://uspto.report/TM/86065030/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of an attached PDF containing argument as well as evidence in the form of a Declaration by the CEO of the Applicant and supporting Exhibit 1 with an invoice using the mark has been attached.
Original PDF file:
evi_21652196124-112805337_._86065030_-_SteamSpa_-_SW_Response.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Saunas, steam baths, steam generators, and accessories for saunas, steam baths and steam generators
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 03/15/2006 and first used in commerce at least as early as 03/15/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Saunas, steam baths, steam generators, and accessories for saunas, steam baths and steam generators; Saunas, steam baths, steam generators, and accessories for saunas, steam baths and steam generators, namely, heaters for saunas, steam baths and steam generatorsClass 011 for Saunas, steam baths, steam generators, and accessories for saunas, steam baths and steam generators, namely, heaters for saunas, steam baths and steam generators
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 03/15/2006 and first used in commerce at least as early as 03/15/2006 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Mark Francis/     Date: 07/03/2014
Signatory's Name: Mark H. Francis
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-556-2117

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: 86065030
Internet Transmission Date: Thu Jul 03 11:34:28 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201407031134283
21592-86065030-5009d21866d4ccd41d1795d20
fca737ac8c4b5c6f76e27dc4ad623df59d6c546d
4-N/A-N/A-20140703112805337931