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. 86351210 SPI(Standard Characters, see http://uspto.report/TM/86351210/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Water quality control unit for analyzing and controlling disinfectant levels and other water chemical parameters such as but not limited to pH, in residential, commercial and municipal supply systems and for dosing disinfectants to maintain the correct disinfectant levels

Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 011 ) for Water quality control unit comprised of sensors for measuring, analyzing and controlling disinfectant levels and other water chemical parameters in the nature of but not limited to pH, in residential, commercial and municipal supply systems and pumps for dosing disinfectants to maintain the correct disinfectant levels, not for medical use.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,665,554 filed 02/26/2014]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
SPI appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


Miscellaneous Statement
The letters SPI were randomly chosen by the applicant to signify "Special or Sensor Precision Instruments". This is only an internal term used by the applicant and is not a term of art and is not used within the trade or industry. The applicant requests suspension of the application pending issuance of a Canadian trademark registration for the Canadian trademark application cited in this application.


SIGNATURE(S)
Response Signature
Signature: /William H. Cox/     Date: 01/14/2015
Signatory's Name: William H. Cox
Signatory's Position: Attorney of Record, New York State bar member

Signatory's Phone Number: 212-986-1200

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: 86351210
Internet Transmission Date: Wed Jan 14 18:29:12 EST 2015
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20150114182912667
937-86351210-50035d3ad046372ac85cc4dd164
bc9dbe32f50a9c361d2ed78586d8279b78854-N/
A-N/A-20150114181714235464