Response to Office Action

MEC

California Manufacturing & Engineering Co., LLC

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 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 86832945
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK FILE NAME http://uspto.report/TM/86832945/mark.png
LITERAL ELEMENT MEC
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)

Applicant has filed a Petition for Cancellation of cited MEC Lift (Logo) Reg. No. 4,516,838 on November 22, 2016 and now requests suspension of prosecution of this application pending the outcome of their Petition for Cancellation.  The Cancellation Number has not yet been assigned.

The classification and identification of goods is currently amended to that suggested by the Examining Attorney.

GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (012)
INTERNATIONAL CLASS 007
DESCRIPTION
Elevating or lifting work platforms, namely, self propelled scissors lifts and boom lifts with work platforms having worker safety rails for use at construction sites.
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/30/2007
        FIRST USE IN COMMERCE DATE At least as early as 10/30/2007
SIGNATURE SECTION
RESPONSE SIGNATURE /W. Norman Roth/
SIGNATORY'S NAME W. Norman Roth
SIGNATORY'S POSITION Attorney of record, California bar member.
SIGNATORY'S PHONE NUMBER 704 895-3883
DATE SIGNED 11/28/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 28 10:13:56 EST 2016
TEAS STAMP USPTO/ROA-XX.X.XXX.XXX-20
161128101356917030-868329
45-570c74d484f984a3bcabf6
a89b861fa6b06af7c5ecb8ec9
f7f3cc4396425e71c7-N/A-N/
A-20161128095311879811



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. 86832945 MEC (Stylized and/or with Design, see http://uspto.report/TM/86832945/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant has filed a Petition for Cancellation of cited MEC Lift (Logo) Reg. No. 4,516,838 on November 22, 2016 and now requests suspension of prosecution of this application pending the outcome of their Petition for Cancellation.  The Cancellation Number has not yet been assigned.

The classification and identification of goods is currently amended to that suggested by the Examining Attorney.



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 012 for Self propelled scissors lifts and boom lifts with work platforms having worker safety rails for use at construction sites

Applicant hereby adds the following class of goods/services to the application:
New: Class 007 (Original Class: 012 ) for Elevating or lifting work platforms, namely, self propelled scissors lifts and boom lifts with work platforms having worker safety rails for use at construction sites.
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 10/30/2007 and first used in commerce at least as early as 10/30/2007 , and is now in use in such commerce.

SIGNATURE(S)
Response Signature
Signature: /W. Norman Roth/     Date: 11/28/2016
Signatory's Name: W. Norman Roth
Signatory's Position: Attorney of record, California bar member.

Signatory's Phone Number: 704 895-3883

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: 86832945
Internet Transmission Date: Mon Nov 28 10:13:56 EST 2016
TEAS Stamp: USPTO/ROA-XX.X.XXX.XXX-20161128101356917
030-86832945-570c74d484f984a3bcabf6a89b8
61fa6b06af7c5ecb8ec9f7f3cc4396425e71c7-N
/A-N/A-20161128095311879811



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