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)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86415374 EVERBILT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86415374/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 006 for Metal casters; metal fence brackets; handrails of metal; metal brackets for handrails; Metal gate hooks and eyes; installation and operation hardware for garage doors, namely, metal torsion springs, garage door rollers made of metal, metal locking mechanisms for garage doors, metal garage door hinges, metal garage door locks, and metal rolling door locks; metal hardware, namely, magnetic pegboard mount; metal access door for electrical and plumbing installation; metal bicycle hanger; metal chains; metal closet hardware, namely, hinges, knobs, poles, catches, and parts therefor; door push bars of metal; metal clothes dryer ventilation ducts; flexible venting equipment, namely metallic and aluminum ducting hose for use in clothes dryer venting; metal hangers for tools, ladders, bicycles; metal hardware, namely, corner braces, mending plates; metal hooks and hook rails; metal rods; metal shelf hanger; spring clips of metal; steel rods; wire ropes; dryer vent kits comprising a metal clothes dryer exhaust vent, a flexible exhaust duct, and clamps therefor; metal fasteners, namely, toilet installation components, namely, wax ring and bolts, all sold as a unit
Original Filing Basis:
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.

Proposed: Class 006 for Metal casters; metal fence brackets; handrails of metal; metal brackets for handrails; Metal gate hooks and eyes; installation and operation hardware for garage doors, namely, metal torsion springs, garage door rollers made of metal, metal locking mechanisms for garage doors, metal garage door hinges, metal garage door locks, and metal rolling door locks; metal hardware, namely, magnetic pegboard mount; metal access door for electrical and plumbing installation; metal bicycle hanger; metal chains; metal closet hardware, namely, hinges, knobs, poles, catches, and parts therefor; door push bars of metal; metal clothes dryer ventilation ducts; flexible venting equipment, namely metallic and aluminum ducting hose for use in clothes dryer venting; metal hangers for tools, ladders, bicycles; metal hardware, namely, corner braces, mending plates; metal hooks and hook rails; metal rods; metal shelf hanger; spring clips of metal; steel rods; wire ropes; dryer vent kits comprising a metal clothes dryer exhaust vent, a flexible exhaust duct, and clamps therefor; metal fasteners, namely, toilet installation components, namely, wax ring and bolts, all sold as a unit
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Condensate removal pumps; evaporative cooler motors; jet pumps; pool cover pump; sewage pump basin; sewage pumps; submersible pumps; sump pump; sump pump basin; utility pumps
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Condensate removal pumps; evaporative cooler motors; jet pumps for water wells; jet pumps; pool cover pumps for the removal of water; pool cover pump; sewage pumps and component basin sold as a unit; sewage pump basin; submersible pumps; sewage pumps; sump pump and component basin sold as a unit; utility pumps, namely, electric pumps; sump pump; sump pump basin; utility pumpsClass 007 for Condensate removal pumps; jet pumps for water wells; pool cover pumps for the removal of water; sewage pumps and component basin sold as a unit; submersible pumps; sump pump and component basin sold as a unit; utility pumps, namely, electric pumps
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Plastic pest barricade for exhaust hoods, namely, dryer vent caps; weatherstripping sealants in the nature of caulk
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Plastic pest barricade for exhaust hoods, namely, dryer vent caps; Weatherstripping sealants in the nature of caulkClass 017 for Weatherstripping sealants in the nature of caulk
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Non-metal building wall access panels for electrical and plumbing installation; non-metal vent cover for HVAC ducts
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Non-metal building wall access panels for electrical and plumbing installation; non-metal vent cover for HVAC ducts; Plastic pest barricade for exhaust hoods, namely, dryer vent caps; non-metal water run off basinsClass 019 for Non-metal building wall access panels for electrical and plumbing installation; non-metal vent cover for HVAC ducts; Plastic pest barricade for exhaust hoods, namely, dryer vent caps; non-metal water run off basins
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Felt pads applied to legs or weight bearing surfaces of furniture to prevent furniture from scratching or scuffing floor; Furniture slides made of plastic for household use; carpet coasters for protecting furniture legs; Bumper guards for furniture; Non-metal mounting brackets in the nature of mounting strips for general use; Non-metal casters; plastic clothesline pulley; plastic end caps for closet poles and rods; Non-metal fasteners, namely, toilet installation components, namely, wax ring and bolts, all sold as a unit
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Felt pads applied to legs or weight bearing surfaces of furniture to prevent furniture from scratching or scuffing floor; Furniture slides made of plastic for household use; carpet coasters for protecting furniture legs; Bumper guards for furniture; Non-metal mounting brackets in the nature of mounting strips for general use; Non-metal casters; plastic clothesline pulley; plastic end caps for closet poles and rods; Non-metal fasteners, namely, toilet installation components, namely, wax ring and bolts, all sold as a unit; toilet installation kit comprised of non-metal bolts and wax rings, all sold as a unitClass 020 for Felt pads applied to legs or weight bearing surfaces of furniture to prevent furniture from scratching or scuffing floor; Furniture slides made of plastic for household use; carpet coasters for protecting furniture legs; Bumper guards for furniture; Non-metal mounting brackets in the nature of mounting strips for general use; Non-metal casters; plastic clothesline pulley; plastic end caps for closet poles and rods; toilet installation kit comprised of non-metal bolts and wax rings, all sold as a unit
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.

SIGNATURE(S)
Response Signature
Signature: /Sheri M. Hunter/     Date: 02/03/2016
Signatory's Name: Sheri M. Hunter
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 512.457.2046

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: 86415374
Internet Transmission Date: Wed Feb 03 14:22:46 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016020314224608
8977-86415374-550e33735f80ca78f43ea87d41
661ac9667fca7cf92ab7449ec44bfb31d917-N/A
-N/A-20160201102836358192