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. 86304160 CLEANSWEEP(Standard Characters, see http://uspto.report/TM/86304160/mark.png) 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 Fermenters for wine production; Metal storage tanks; Stainless steel fermentation tanks
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 05/00/2013 and first used in commerce at least as early as 05/00/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Fermenters for wine production; Fermenters for wine production, namely, metal storage containers for wine; Metal storage tanks; Stainless steel fermentation tanks; Fermentation tanks, namely, stainless steel fluid storage tanksClass 006 for Fermenters for wine production, namely, metal storage containers for wine; Metal storage tanks; Fermentation tanks, namely, stainless steel fluid storage tanks
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 05/00/2013 and first used in commerce at least as early as 05/00/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 006 . The specimen(s) submitted consists of a close-up picture showing the mark as placed on a fermenter and a picture of the entire fermenter to show location of the mark as placed on the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 011 for Fermenters for wine production, namely, percolating fermenters and dry fermenters
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 05/00/2013 and first used in commerce at least as early as 05/00/2013 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011 . The specimen(s) submitted consists of a close-up picture showing the mark as placed on a fermenter and a picture of the entire fermenter to show location of the mark as placed on the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
DANIEL M. WADKINS
LEE & HAYES, PLLC
601 W RIVERSIDE AVE STE 1400
SPOKANE
Washington (WA)
US
99201-0627

Proposed:
DANIEL M. WADKINS of LEE & HAYES, PLLC, having an address of
601 W RIVERSIDE AVE STE 1400 SPOKANE, Washington 99201-0627
United States
trademarks@leehayes.com;dwadkins@leehayes.com; soniap@leehayes.com
(509) 324-9256
(509) 323-8979
The docket/reference number is S035-0027TMUS .



FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /Dan Wadkins/      Date: 12/24/2014
Signatory's Name: Daniel M. Wadkins
Signatory's Position: Attorney of Record, Washington Bar Member
Signatory's Phone Number: 509.324.9256


Response Signature
Signature: /Dan Wadkins/     Date: 12/24/2014
Signatory's Name: Daniel M. Wadkins
Signatory's Position: Attorney of Record, Washington Bar Member

Signatory's Phone Number: 509.324.9256

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.

Mailing Address:    DANIEL M. WADKINS
   LEE & HAYES, PLLC
   601 W RIVERSIDE AVE STE 1400
   SPOKANE, Washington 99201-0627
        
RAM Sale Number: 86304160
RAM Accounting Date: 12/29/2014
        
Serial Number: 86304160
Internet Transmission Date: Wed Dec 24 13:25:34 EST 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2014122413253420
9062-86304160-50035f72545a90d549819edbc0
a2362baeb7b9b75b2ee447fb95f0f4c2b9349b8-
CC-1123-20141224130852615964