PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86131296 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION (current) |
MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86131296 |
LITERAL ELEMENT |
HYPER TOUGH |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized version of the words HYPER TOUGH. |
MARK SECTION (proposed) |
MARK FILE NAME |
\\TICRS\EXPORT16\IMAGEOUT 16\861\312\86131296\xml4\ ROA0002.JPG |
LITERAL ELEMENT |
HYPER TOUGH |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR MARK |
NO |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized version of the literal element "HYPER TOUGH" with the word "HYPER" appearing on top of and to the left of
"TOUGH". |
PIXEL COUNT ACCEPTABLE |
YES |
PIXEL COUNT |
580 x 250 |
GOODS AND/OR SERVICES SECTION (006)(current) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal
storage sheds |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (006)(proposed) |
INTERNATIONAL CLASS |
006 |
TRACKED TEXT DESCRIPTION |
Metal tool boxes; secure metal storage sheds for tools; metal
broom handles; general purpose metal storage bins and containers; metal storage sheds; Nails. |
FINAL DESCRIPTION |
Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal
storage sheds; Nails. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, and saws; blades
for power tools; electric brooms; wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill
hammers, and saws; blades for power tools; electric brooms; wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses; vacuum cleaner bags and hoses. |
FINAL DESCRIPTION |
Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, and saws; blades
for power tools; electric brooms; wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (008)(current) |
INTERNATIONAL CLASS |
008 |
DESCRIPTION |
hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, plans, files,
clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes,
pruners, paint scrapers, tile cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hold diggers,
rollers and brushes for applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets,
grooving tools, graving tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use),
screw extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions for hand tools; edgers, floats and groovers for grout,
mortar and cement; hand-operated automotive repair tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake
adjusting tools, engine cylinder hones, ring compressors, valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on
motorcycles, namely, chain breaker tool, chain riveting tool, chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve
shim tools, tappet feeler gauge, carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle
wrench, fly wheel puller tool, clutch puller tool and magneto flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container
for hand tools; tool aprons; tool belts; tool holders; tool pouches for attachment to tool belts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (008)(proposed) |
INTERNATIONAL CLASS |
008 |
TRACKED TEXT DESCRIPTION |
hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders,
drill hammers, plans, files, clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; Hand tools,
namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files, clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers,
chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes, pruners, paint scrapers, tile
cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hold diggers, rollers and brushes for
applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving
tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw extractors, wedges,
weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes,
pruners, paint scrapers, tile cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers,
rollers and brushes for applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets,
grooving tools, graving tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use),
screw extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions
for hand tools; edgers, floats and groovers for grout, mortar and cement; hand-operated automotive repair tools, namely, ball joint separators,
brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine cylinder hones, ring compressors, valve holders, valve spring
compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on motorcycles, namely, chain breaker tool, chain riveting tool,
chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler gauge, carburetor jet wrenches,
clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool, clutch puller tool and magneto
flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container for
hand tools; tool aprons; tool belts; tool holders; tool pouches for attachment to tool
belts |
FINAL DESCRIPTION |
Hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files,
clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes,
pruners, paint scrapers, tile cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers,
rollers and brushes for applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets,
grooving tools, graving tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use),
screw extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions for hand tools; edgers, floats and groovers for grout,
mortar and cement; hand-operated automotive repair tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake
adjusting tools, engine cylinder hones, ring compressors, valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on
motorcycles, namely, chain breaker tool, chain riveting tool, chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve
shim tools, tappet feeler gauge, carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle
wrench, fly wheel puller tool, clutch puller tool and magneto flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container
for hand tools; tool aprons; tool belts; tool holders; tool pouches for attachment to tool belts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (012)(no change) |
GOODS AND/OR SERVICES SECTION (019)(current) |
INTERNATIONAL CLASS |
019 |
DESCRIPTION |
non metal storage sheds; non-metal storage racks |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (019)(proposed) |
INTERNATIONAL CLASS |
019 |
TRACKED TEXT DESCRIPTION |
non metal storage sheds; non-metal storage racks; non-metal bicycle storage racks. |
FINAL DESCRIPTION |
non metal storage sheds; non-metal bicycle storage racks. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(current) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
free standing tool racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped
forms with silhouette layouts for tools and badges used for the transportation and storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools;
non-metal cylinders for compressed gas or liquids, sold empty; metal storage cabinets |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(proposed) |
INTERNATIONAL CLASS |
020 |
TRACKED TEXT DESCRIPTION |
free standing tool racks; metal tool cabinets; non-metal tool
boxes and chests; plastic foam, wood and polymer materials in pre-shaped forms with silhouette layouts for tools and badges used for the transportation and storage of these
goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools; non-metal cylinders for compressed gas or liquids, sold empty; metal storage cabinets; Storage racks. |
FINAL DESCRIPTION |
free standing tool racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped
forms with silhouette layouts for tools and badges used for the transportation and storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools;
non-metal cylinders for compressed gas or liquids, sold empty; metal storage cabinets; Storage racks. |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(no change) |
GOODS AND/OR SERVICES SECTION (022)(no change) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/danica acosta/ |
SIGNATORY'S NAME |
Danica Acosta |
SIGNATORY'S POSITION |
Associate General Counsel |
SIGNATORY'S PHONE NUMBER |
479-204-6256 |
DATE SIGNED |
02/12/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Feb 12 17:35:40 EST 2014 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20140212173540409932-861
31296-5003673cc3991fa667a
55eb6a715b7fd12432229ff02
ed3c428c86e2975f731b-N/A-
N/A-20140212173333308579 |
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.
86131296 HYPER TOUGH (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86131296) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: HYPER TOUGH (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86131296)
Proposed: HYPER TOUGH (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a stylized version of the literal element "HYPER TOUGH" with the word "HYPER" appearing on top of and to the left of "TOUGH".
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for Metal tool boxes; secure metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal storage sheds
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: Metal tool boxes;
secure metal storage sheds for tools;
metal broom handles;
general purpose metal storage bins and containers;
metal storage sheds;
Nails.Class 006 for Metal tool boxes; secure
metal storage sheds for tools; metal broom handles; general purpose metal storage bins and containers; metal storage sheds; Nails.
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 007 for Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, and saws; blades for power tools; electric brooms;
wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses
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: Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, and saws;
blades for power tools;
electric brooms;
wet-dry vacuum cleaners and pumps;
vacuum cleaner bags
and hoses;
vacuum cleaner bags and hoses.Class 007 for Power tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers,
grinders, drill hammers, and saws; blades for power tools; electric brooms; wet-dry vacuum cleaners and pumps; vacuum cleaner bags and hoses.
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 008 for hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, plans, files, clamps, dies, hand jacks, ice picks,
pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes, pruners, paint scrapers, tile
cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hold diggers, rollers and brushes for
applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving
tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw extractors, wedges,
weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions for hand tools; edgers, floats and groovers for grout, mortar and cement;
hand-operated automotive repair tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine
cylinder hones, ring compressors, valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on motorcycles, namely, chain
breaker tool, chain riveting tool, chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler
gauge, carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool,
clutch puller tool and magneto flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container for hand tools; tool aprons;
tool belts; tool holders; tool pouches for attachment to tool belts
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: hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, plans, files,
clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives;
Hand tools, namely drills, routers,
screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files, clamps, dies, hand jacks, ice picks, pincers, scrapers, tongs, nut drivers, chalk line reels, ripping
bars, putty knives;
wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes, pruners, paint scrapers, tile cutters, bar cutters, die
chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hold diggers, rollers and brushes for applying adhesives, knee
kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving tools, sod lifters,
spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw extractors, wedges, weed cutters, weed
diggers, paint trim guide, axes, picks, socket sets, and saws;
wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes, pruners, paint
scrapers, tile cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers, rollers and
brushes for applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving
tools, graving tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw
extractors, wedges, weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws;
blades for power tools;
extensions for
hand tools;
edgers, floats and groovers for grout, mortar and cement;
hand-operated automotive repair tools, namely, ball joint separators,
brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine cylinder hones, ring compressors, valve holders, valve spring
compressors, valve spring depressors, and magnetic pick up tools;
Manually operated shop tools for work on motorcycles, namely, chain breaker tool, chain riveting tool,
chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler gauge, carburetor jet wrenches,
clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool, clutch puller tool and magneto
flywheel puller tool;
multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers;
roll-up fabric container for
hand tools;
tool aprons;
tool belts;
tool holders;
tool pouches for attachment to tool
beltsClass 008 for Hand tools, namely drills, routers, screwdrivers, rivet hammers, wrenches, sanders, buffers, grinders, drill hammers, planes, files, clamps, dies, hand jacks, ice picks,
pincers, scrapers, tongs, nut drivers, chalk line reels, ripping bars, putty knives; wire cutters, wire strippers, bolt cutters, shovels, hatchets, nails, pikes, pruners, paint scrapers, tile
cutters, bar cutters, die chasers, die wrenches, pullers and splitters, hand operated pumps, sanding sponges, fruit pickers, grass hooks, grass whips, post hole diggers, rollers and brushes for
applying adhesives, knee kickers, guides for knives and saws, box cutters, safety cutters, sharpening tools and instruments, chisels, wire crimpers, wrench sets, pliers sets, grooving tools, graving
tools, sod lifters, spatulas (not household utensils), stamping-out tools, expanders, knives (hand tools), cultivators, riveters, levers, stamps (not for stationary use), screw extractors, wedges,
weed cutters, weed diggers, paint trim guide, axes, picks, socket sets, and saws; blades for power tools; extensions for hand tools; edgers, floats and groovers for grout, mortar and cement;
hand-operated automotive repair tools, namely, ball joint separators, brake cylinder hones, brake pad spreaders, brake spring removers, disc brake piston cubes, drum brake adjusting tools, engine
cylinder hones, ring compressors, valve holders, valve spring compressors, valve spring depressors, and magnetic pick up tools; Manually operated shop tools for work on motorcycles, namely, chain
breaker tool, chain riveting tool, chain press tool, chain alignment tool, carburetor tuning tool, carburetor tuning gauge set, tire irons, tappet adjustment tools, valve shim tools, tappet feeler
gauge, carburetor jet wrenches, clutch holding tool, piston pin removing tool, spring removing tool, timing cover wrench, oil filter wrench, shock absorber wrench, axle wrench, fly wheel puller tool,
clutch puller tool and magneto flywheel puller tool; multifunction hand tools comprised of screwdrivers, knives, can openers, file and pliers; roll-up fabric container for hand tools; tool aprons;
tool belts; tool holders; tool pouches for attachment to tool belts
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 019 for non metal storage sheds; non-metal storage racks
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: non metal storage sheds;
non-metal storage racks;
non-metal bicycle
storage racks.Class 019 for non metal storage sheds; non-metal bicycle storage racks.
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 020 for free standing tool racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped forms with silhouette layouts for
tools and badges used for the transportation and storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools; non-metal cylinders for compressed gas
or liquids, sold empty; metal storage cabinets
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: free standing tool racks;
metal tool cabinets;
non-metal tool boxes and chests;
plastic foam, wood and polymer materials in pre-shaped forms with silhouette layouts for tools and badges used for the transportation and storage of these goods;
tool handles not of metal;
wall-mounted tool racks;
wood handles for brooms and tools;
non-metal
cylinders for compressed gas or liquids, sold empty;
metal storage cabinets;
Storage racks.Class 020 for free standing tool
racks; metal tool cabinets; non-metal tool boxes and chests; plastic foam, wood and polymer materials in pre-shaped forms with silhouette layouts for tools and badges used for the transportation and
storage of these goods; tool handles not of metal; wall-mounted tool racks; wood handles for brooms and tools; non-metal cylinders for compressed gas or liquids, sold empty; metal storage cabinets;
Storage racks.
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: /danica acosta/ Date: 02/12/2014
Signatory's Name: Danica Acosta
Signatory's Position: Associate General Counsel
Signatory's Phone Number: 479-204-6256
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: 86131296
Internet Transmission Date: Wed Feb 12 17:35:40 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20140212173540
409932-86131296-5003673cc3991fa667a55eb6
a715b7fd12432229ff02ed3c428c86e2975f731b
-N/A-N/A-20140212173333308579