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 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86722215 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86722215/large |
LITERAL ELEMENT |
EASE |
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 (037)(current) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Providing information in the nature of predictive, preventive and corrective maintenance analysis and recommendations for industrial
equipment; Predictive, preventive and corrective maintenance services for industrial equipment |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2014 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2014 |
GOODS AND/OR SERVICES SECTION (037)(proposed) |
INTERNATIONAL CLASS |
037 |
TRACKED TEXT DESCRIPTION |
Providing information in the nature of predictive, preventive and corrective maintenance analysis and
recommendations for industrial equipment; Predictive, preventive, diagnostic, and corrective maintenance services for industrial equipment, namely, natural gas
engines, centrifugal and reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems;
Predictive, preventive and corrective maintenance services for industrial equipment; technical consultation in the field of
industrial equipment maintenance |
FINAL DESCRIPTION |
Predictive, preventive, diagnostic, and corrective maintenance services for industrial equipment, namely, natural gas engines,
centrifugal and reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems; technical
consultation in the field of industrial equipment maintenance |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2014 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2014 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0002.JPG |
SPECIMEN DESCRIPTION |
marketing summary explaining the EASE maintenance and consultation services |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Analysis and evaluation of industrial equipment to identify problems and recommend predictive, preventive or corrective action for such
equipment; Remote monitoring of industrial equipment and predictive, preventive and corrective maintenance services; Technical consultation, diagnostic, and predictive, preventive and corrective
maintenance services for industrial equipment |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2014 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2014 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Analysis and evaluation of industrial equipment to identify problems and recommend predictive,
preventive or corrective action for such equipment; Analysis and evaluation of industrial equipment, namely, natural gas engines, centrifugal and reciprocating
compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders and control systems, to identify mechanical, condition and performance
problems and to provide recommendations as to appropriate preventive or corrective maintenance for such equipment; Remote monitoring of industrial equipment and
predictive, preventive and corrective maintenance services; remote monitoring of industrial equipment, namely, natural gas engines, centrifugal and
reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems; Technical consultation, diagnostic, and predictive, preventive and corrective maintenance services for industrial equipment |
FINAL DESCRIPTION |
Analysis and evaluation of industrial equipment, namely, natural gas engines, centrifugal and reciprocating compressors, steam, gas and
motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders and control systems, to identify mechanical, condition and performance problems and to provide
recommendations as to appropriate preventive or corrective maintenance for such equipment; remote monitoring of industrial equipment, namely, natural gas engines, centrifugal and reciprocating
compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/05/2014 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/05/2014 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU1-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0003.JPG |
SPECIMEN DESCRIPTION |
marketing summary explaining the monitoring, analysis and evaluation services |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The USPTO Examining Attorney has requested additional information on Applicant's EASE services and has requested answers to 2 specific
questions. Applicant has attached a marketing brochure for its service agreements, including for its EASE service offering, as well as a 1-page fact sheet Applicant uses when explaining the service
offering to its customers. Finally, Applicant has attached a document in which it answers the Examining Attorney's specific questions and provides additional background information regarding the EASE
service offering. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0004.JPG |
ORIGINAL PDF FILE |
mis-7631201159-20160603105201312880_._maint-service-contracts_1_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0005.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0006.JPG |
ORIGINAL PDF FILE |
mis-1-7631201159-20160603105201312880_._DR-EASE-Additional_Statement.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\867\222\86722215\xml4\ROA0007.JPG |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Neeraj Bali/ |
SIGNATORY'S NAME |
Neeraj Bali |
SIGNATORY'S POSITION |
Associate General Counsel, Intellectual Property |
DATE SIGNED |
06/03/2016 |
RESPONSE SIGNATURE |
/ARFibbe/ |
SIGNATORY'S NAME |
A Reagan Fibbe |
SIGNATORY'S POSITION |
Attorney of Record, TX Bar Member |
SIGNATORY'S PHONE NUMBER |
832-338-8090 |
DATE SIGNED |
06/03/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jun 03 14:35:16 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0160603143516905966-86722
215-550e0478a8dfca260204e
d94254357b86fc4e8e1252b5c
f25d26f8e712b92a9f7-N/A-N
/A-20160603105201312880 |
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 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
86722215 EASE(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86722215/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 037 for Providing information in the nature of predictive, preventive and corrective maintenance analysis and recommendations for industrial equipment; Predictive, preventive
and corrective maintenance services for industrial equipment
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 05/05/2014 and first used in commerce at least as early as 05/05/2014 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Providing information in the nature of predictive, preventive and corrective maintenance analysis and recommendations for industrial
equipment;
Predictive, preventive, diagnostic, and corrective maintenance services for industrial equipment, namely, natural gas engines, centrifugal and
reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems;
Predictive, preventive and corrective maintenance services for industrial equipment;
technical consultation in the field of industrial equipment
maintenanceClass 037 for Predictive, preventive, diagnostic, and corrective maintenance services for industrial equipment, namely, natural gas engines, centrifugal and reciprocating
compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems; technical consultation in the field of industrial
equipment maintenance
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 05/05/2014 and first used in commerce at least as early as 05/05/2014 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 037 . The specimen(s) submitted consists of marketing summary explaining the EASE maintenance and consultation services .
"
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].
Original PDF file:
SPU0-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Analysis and evaluation of industrial equipment to identify problems and recommend predictive, preventive or corrective action for such equipment; Remote monitoring of
industrial equipment and predictive, preventive and corrective maintenance services; Technical consultation, diagnostic, and predictive, preventive and corrective maintenance services for industrial
equipment
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 05/05/2014 and first used in commerce at least as early as 05/05/2014 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Analysis and evaluation of industrial equipment to identify problems and recommend predictive, preventive or corrective action for such
equipment;
Analysis and evaluation of industrial equipment, namely, natural gas engines, centrifugal and reciprocating compressors, steam, gas and motion
turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders and control systems, to identify mechanical, condition and performance problems and to provide
recommendations as to appropriate preventive or corrective maintenance for such equipment;
Remote monitoring of industrial equipment and predictive, preventive
and corrective maintenance services;
remote monitoring of industrial equipment, namely, natural gas engines, centrifugal and reciprocating compressors, steam,
gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control systems;
Technical consultation,
diagnostic, and predictive, preventive and corrective maintenance services for industrial equipmentClass 042 for Analysis and evaluation of industrial equipment, namely, natural gas engines,
centrifugal and reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders and control systems, to identify
mechanical, condition and performance problems and to provide recommendations as to appropriate preventive or corrective maintenance for such equipment; remote monitoring of industrial equipment,
namely, natural gas engines, centrifugal and reciprocating compressors, steam, gas and motion turbines, rotary separators, portable ventilators, turbo expanders, gas and vapor expanders, and control
systems
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 05/05/2014 and first used in commerce at least as early as 05/05/2014 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of marketing summary explaining the monitoring, analysis and evaluation services .
"
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].
Original PDF file:
SPU1-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
ADDITIONAL STATEMENTS
Miscellaneous Statement
The USPTO Examining Attorney has requested additional information on Applicant's EASE services and has requested answers to 2 specific questions. Applicant has attached a marketing brochure for its
service agreements, including for its EASE service offering, as well as a 1-page fact sheet Applicant uses when explaining the service offering to its customers. Finally, Applicant has attached a
document in which it answers the Examining Attorney's specific questions and provides additional background information regarding the EASE service offering.
Original PDF file:
mis-7631201159-20160603105201312880_._DR-Ease_Simple_Explanation.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
Original PDF file:
mis-7631201159-20160603105201312880_._maint-service-contracts_1_.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
mis-1-7631201159-20160603105201312880_._DR-EASE-Additional_Statement.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1
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: /Neeraj Bali/ Date: 06/03/2016
Signatory's Name: Neeraj Bali
Signatory's Position: Associate General Counsel, Intellectual Property
Response Signature
Signature: /ARFibbe/ Date: 06/03/2016
Signatory's Name: A Reagan Fibbe
Signatory's Position: Attorney of Record, TX Bar Member
Signatory's Phone Number: 832-338-8090
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: 86722215
Internet Transmission Date: Fri Jun 03 14:35:16 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016060314351690
5966-86722215-550e0478a8dfca260204ed9425
4357b86fc4e8e1252b5cf25d26f8e712b92a9f7-
N/A-N/A-20160603105201312880