Response to Office Action

PROLIFT

Toyota Material Handling Midwest, Inc.

Response to Office Action

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 86574562
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86574562/large
LITERAL ELEMENT PROLIFT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 042
DESCRIPTION
Planning and layout design services for warehouses, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planning
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2005
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2005
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Planning and layout design services for warehouses, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; Planning and layout design services for warehouse spaces, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planning
FINAL DESCRIPTION
Planning and layout design services for warehouse spaces, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planning
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2005
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2005
ADDITIONAL STATEMENTS SECTION
ACTIVE PRIOR REGISTRATION(S) The applicant claims ownership of active prior U.S. Registration Number(s) 1720722 and 1700839.
MISCELLANEOUS STATEMENT Applicant is in the process of filing documentation regarding assignment of the Prior Registrations to the current Applicant.
SIGNATURE SECTION
DECLARATION SIGNATURE /LL/
SIGNATORY'S NAME Lorie Leitner
SIGNATORY'S POSITION Marketing and Sales Support Manager
SIGNATORY'S PHONE NUMBER 502-267-2565
DATE SIGNED 07/27/2015
RESPONSE SIGNATURE /Michelle Browning Coughlin/
SIGNATORY'S NAME Michelle Browning Coughlin
SIGNATORY'S POSITION Attorney of record, Kentucky bar member
SIGNATORY'S PHONE NUMBER 502-540-2368
DATE SIGNED 07/27/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 27 16:18:50 EDT 2015
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
150727161850774499-865745
62-5403a78d58415f761e1666
ae6a09bfea3a4f715f9efe35c
f2b27f9bf93c3c996-N/A-N/A
-20150727161018858319



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. 86574562 PROLIFT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86574562/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 042 for Planning and layout design services for warehouses, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planning
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 01/01/2005 and first used in commerce at least as early as 01/01/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Planning and layout design services for warehouses, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; Planning and layout design services for warehouse spaces, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planningClass 042 for Planning and layout design services for warehouse spaces, including racking and shelving, conveyors, office spaces, loading dock equipment and other design; industrial design services; custom design of warehouse layout and space planning
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 01/01/2005 and first used in commerce at least as early as 01/01/2005 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 1720722 and 1700839.


Miscellaneous Statement
Applicant is in the process of filing documentation regarding assignment of the Prior Registrations to the current Applicant.


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: /LL/      Date: 07/27/2015
Signatory's Name: Lorie Leitner
Signatory's Position: Marketing and Sales Support Manager
Signatory's Phone Number: 502-267-2565


Response Signature
Signature: /Michelle Browning Coughlin/     Date: 07/27/2015
Signatory's Name: Michelle Browning Coughlin
Signatory's Position: Attorney of record, Kentucky bar member

Signatory's Phone Number: 502-540-2368

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.

        
Serial Number: 86574562
Internet Transmission Date: Mon Jul 27 16:18:50 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20150727161850774
499-86574562-5403a78d58415f761e1666ae6a0
9bfea3a4f715f9efe35cf2b27f9bf93c3c996-N/
A-N/A-20150727161018858319



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