Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86530630 ISOSWIRL(Standard Characters, see http://uspto.report/TM/86530630/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 037 for Construction, maintenance, and repair of power plants; Construction, maintenance and repair of industrial systems that reduce emissions; installation of industrial systems that reduce emissions; construction of industrial catalytic reduction installations, namely, for power plants and combined heat, heat exchangers and power applications

Applicant hereby deletes the following class of goods/services from the application.
Class 042 for Scientific and industrial research in the fields of energy and power; engineering services ; technological consultancy, in particular in the fields of industrial plants, power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces and other industrial sites, fluid mechanics; technological consultancy in the field of nitrous oxide emissions; computer programming

Applicant proposes to amend the following:

Current:
Class 001 for Catalysts for chemical and biochemical processes, namely, catalysts for industrial catalytic reduction installations
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.

In International Class 001, the mark was first used at least as early as 09/30/2017 and first used in commerce at least as early as 09/30/2017.


Proposed:
Class 001 for Catalysts for chemical and biochemical processes, namely, catalysts for industrial catalytic reduction installations
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.

In International Class 001, the mark was first used at least as early as 09/30/2017 . and first used in commerce at least as early as 09/30/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 001. The specimen(s) submitted consists of Photographs of ISOSWIRL catalysts, showing the label attached to 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].
JPG file(s):Specimen File1
Original PDF file:
SPU0-16522594173-20200716 132755112163_._ISOSWIRL_- _closer_photo_on_the_prod uct.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Applicant proposes to amend the following:

Current:
Class 007 for Industrial chemical reactors, namely, catalytic reactors
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.

In International Class 007, the mark was first used at least as early as 09/30/2017 and first used in commerce at least as early as 09/30/2017.


Proposed:
Class 007 for Industrial chemical reactors, namely, catalytic reactors
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.

In International Class 007, the mark was first used at least as early as 09/30/2017 . and first used in commerce at least as early as 09/30/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 007. The specimen(s) submitted consists of Photographs of ISOSWIRL catalysts, showing the label attached to 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].
JPG file(s):Specimen File1
Original PDF file:
SPU1-16522594173-20200716 132755112163_._ISOSWIRL_- _closer_photo_on_the_prod uct.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Applicant proposes to amend the following:

Current:
Class 011 for Apparatuses for steam generating units in the nature of specialized components for steam generators, namely, gas mixers, baffles, gas baffles, gas shields, plates, deflector plates, leading edge vortices generating plates, sheets for deflector devices, turbulence generating profiles, pipes, tubes, ducts, parts and fittings of aforesaid goods, all for use in power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces and other industrial sites; filter systems comprised primarily of an inlet hood, reactor, mixers, an economizer, and air preheaters for use in reducing emissions all for use in power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces, Denox plants, pollutant control equipment, flue gas cleaning equipment, devices for purification of waste gases; catalytic reactor for selectively reducing emissions from flue gases for power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces and other industrial sites applications
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.

In International Class 011, the mark was first used at least as early as 09/30/2017 and first used in commerce at least as early as 09/30/2017.


Proposed:
Class 011 for Apparatuses for steam generating units in the nature of specialized components for steam generators, namely, gas mixers, baffles, gas baffles, gas shields, plates, deflector plates, leading edge vortices generating plates, sheets for deflector devices, turbulence generating profiles, pipes, tubes, ducts, parts and fittings of aforesaid goods, all for use in power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces and other industrial sites; filter systems comprised primarily of an inlet hood, reactor, mixers, an economizer, and air preheaters for use in reducing emissions all for use in power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces, Denox plants, pollutant control equipment, flue gas cleaning equipment, devices for purification of waste gases; catalytic reactor for selectively reducing emissions from flue gases for power plants and combined heat, heat exchangers and power applications, as well as waste incineration or glass furnaces and other industrial sites applications
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.

In International Class 011, the mark was first used at least as early as 09/30/2017 . and first used in commerce at least as early as 09/30/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 011. The specimen(s) submitted consists of Photographs of ISOSWIRL catalysts, showing the label attached to 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].
JPG file(s):Specimen File1
Original PDF file:
SPU2-16522594173-20200716 132755112163_._ISOSWIRL_- _closer_photo_on_the_prod uct.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: GENERAL ELECTRIC TECHNOLOGY GMBH having an address of
      BROWN BOVERI STRASSE 7
      BADEN, 5401
      Switzerland
      Email Address: XXXX

Proposed: GENERAL ELECTRIC TECHNOLOGY GMBH, having an address of
      BROWN BOVERI STRASSE 7
      BADEN, 5401
      Switzerland
      Email Address: XXXX

ADDITIONAL STATEMENTS
Miscellaneous Statement


Original PDF file:
mis-16522594173-202007161 32755112163_._ISOSWIRL_re sponse.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Correspondence Information (current):
      Sean Merrill
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@corporate.ge.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.doma@ge.com; sean.merrill@ge.com

The docket/reference number is GRN 4649995.
Correspondence Information (proposed):
      Sean Merrill
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@corporate.ge.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.doma@ge.com; sean.merrill@ge.com

The docket/reference number is GRN 4649995.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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. § 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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /sean merrill/      Date: 07/16/2020
Signatory's Name: Sean Merrill
Signatory's Position: Attorney of CT bar member
Signatory's Phone Number: 2032293530


Response Signature
Signature: /sean merrill/     Date: 07/17/2020
Signatory's Name: Sean Merrill
Signatory's Position: Executive Brand and Licensing Counsel

Signatory's Phone Number: 2032293530

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Sean Merrill
   General Electric Company
   
   901 Main Ave. (801-4 Trademarks)
   Norwalk, Connecticut 06851
Mailing Address:    Sean Merrill
   General Electric Company
   901 Main Ave. (801-4 Trademarks)
   Norwalk, Connecticut 06851
        
Serial Number: 86530630
Internet Transmission Date: Fri Jul 17 09:03:30 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202007170903300
94325-86530630-7401629a39a3111e16e6c92f7
251778554692fe5a925eeb24b233c224d2bdc8cc
1c-N/A-N/A-20200716132755112163