TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86560715 SELECT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86560715/large) 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 007 for Automobile ignition parts, namely, ignition wires and spark plug wires; internal combustion engine land vehicle parts, namely, coils, distributor rotors, ignition points and distributor caps; land vehicle ignition parts, namely, distributor caps, distributor rotors, ignition coils, ignition points, and ignition condensers; contact sets or contact points
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 09/30/1997 and first used in commerce at least as early as 09/30/1997 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Automobile ignition parts, namely, ignition wires and spark plug wires; internal combustion engine land vehicle parts, namely, coils, distributor rotors, ignition points and distributor caps; land vehicle ignition parts, namely, distributor caps, distributor rotors, ignition coils, ignition points, and ignition condensers; contact sets or contact points; engine parts, namely, contact sets and contact pointsClass 007 for Automobile ignition parts, namely, ignition wires and spark plug wires; internal combustion engine land vehicle parts, namely, coils, distributor rotors, ignition points and distributor caps; land vehicle ignition parts, namely, distributor caps, distributor rotors, ignition coils, ignition points, and ignition condensers; engine parts, namely, contact sets and contact points
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 09/30/1997 and first used in commerce at least as early as 09/30/1997 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electrical parts for engine driven land or marine vehicles and farm and industrial devices utilizing internal combustion engines, namely, voltage regulators, battery and ignition cables, ignition coils, condensers, dimmer switches, contact sets or contact points, distributor rotors, distributor heads, distributor breaker plate assemblies, automotive booster cables, and electronic ignition distributor control devices; electrical components for the control of internal combustion engines, namely, voltage regulators, and modules for transistorized ignition systems; solenoids; ignition control modules
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 09/30/1997 and first used in commerce at least as early as 09/30/1997 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electrical parts for engine driven land or marine vehicles and farm and industrial devices utilizing internal combustion engines, namely, voltage regulators, battery and ignition cables, ignition coils, condensers, dimmer switches, contact sets or contact points, distributor rotors, distributor heads, distributor breaker plate assemblies, automotive booster cables, and electronic ignition distributor control devices; Electrical parts for engine driven land or marine vehicles and farm and industrial devices utilizing internal combustion engines, namely, voltage regulators, battery and ignition cables, ignition coils, condensers, dimmer switches, distributor rotors, distributor heads, distributor breaker plate assemblies, automotive booster cables, and electronic ignition distributor control devices; electrical components for the control of internal combustion engines, namely, voltage regulators, and modules for transistorized ignition systems; solenoids; ignition control modulesClass 009 for Electrical parts for engine driven land or marine vehicles and farm and industrial devices utilizing internal combustion engines, namely, voltage regulators, battery and ignition cables, ignition coils, condensers, dimmer switches, distributor rotors, distributor heads, distributor breaker plate assemblies, automotive booster cables, and electronic ignition distributor control devices; electrical components for the control of internal combustion engines, namely, voltage regulators, and modules for transistorized ignition systems; solenoids; ignition control modules
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 09/30/1997 and first used in commerce at least as early as 09/30/1997 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant request reconsideration. Applicant has modified the identification of goods in Classes 7 and 9 by adopting some of the changes proposed by examiner. Applicant has not adopted some of the changes proposed by examiner where those changes appear not to accurately identify the goods described. Applicant has provided a modified identification. Applicant requests examiner reconsider and withdraw the partial refusal. Applicant requests that the application with the modified identification be approved for publication.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /dwc/     Date: 03/01/2016
Signatory's Name: D. Wade Cloud, Jr.
Signatory's Position: attorney of record

Signatory's Phone Number: (972) 701-7013

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 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86560715
Internet Transmission Date: Tue Mar 01 12:21:36 EST 2016
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20160301122136287
759-86560715-5506f38dc98d4c36dc1cd139ad5
1602c816670a88d84d0e4d420bf1031e4a8868b-
N/A-N/A-20160301120249358407