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. 87093828 YANMAR (Stylized and/or with Design, see http://uspto.report/TM/87093828/mark.png) has been amended as follows:

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

Applicant's argument with respect to the acceptability of the goods and the legal entity type clarification is attached in pdf form.

EVIDENCE
Evidence in the nature of Applicant's argument with respect to the acceptability of the goods and the legal entity type clarification has been attached.
Original PDF file:
evi_69198155204-20170313222047718029_._YANMAR___Circles_Design_-_Rsp_to_OA_-_Argument_Section_PDF.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Metal working machines; construction and civil engineering machines-namely, bulldozers, oil scrapers, graders, road and garden rollers, tamping machines, mixers being machines, asphalting machines, cranes, crushers, digging machines, disintegrators, piling presses, conveyors, and winches; cargo handling machines-namely, elevators, escalators and powered jacks; fishing machines-namely, line haulers, trawl winches, whale harpoon line winches, and net haulers, lumbering machines-namely, band saw mills, circular saws, saw sharpeners, wood lathes and wood millers; wood working machines; boilers as parts of machines or engines; steam engines; jet engines; and turbines; agricultural implements other than hand-operated, agricultural machines; lawnmowers; motors and engines other than for land vehicles; pump; generators of electricity; construction machines and apparatus; loading-unloading machines and apparatus; parts and fittings thereof; machine elements (not for land vehicles); snow blowers or snow throwers; industrial fishing machines; dairy machines; packaging or wrapping machines and apparatus
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: Metal working machines; construction and civil engineering machines-namely, bulldozers, oil scrapers, graders, road and garden rollers, tamping machines, mixers being machines, asphalting machines, cranes, crushers, digging machines, disintegrators, piling presses, conveyors, and winches; cargo handling machines-namely, elevators, escalators and powered jacks; fishing machines-namely, line haulers, trawl winches, whale harpoon line winches, and net haulers, lumbering machines-namely, band saw mills, circular saws, saw sharpeners, wood lathes and wood millers; wood working machines; boilers as parts of machines or engines; steam engines; jet engines; and turbines; agricultural implements other than hand-operated, agricultural machines; agricultural implements other than hand-operated and agricultural machines, namely, combine harvesters, rice transplanters, binders, mobile threshers, rice hullers, power tillers, bush cutters, vegetable transplanters, chaff cutter blades, corn harvesters cultivators being machines, ditchers being ploughs, grain husking machines, reapers and binders, reapers and threshers, sowers being machines, spraying machines, threshing machines; lawnmowers; motors and engines other than for land vehicles; pump; pumps, namely, pumps for machines, lubricating pumps, hydraulic pumps, fuel injection pumps; generators of electricity; construction machines and apparatus; construction machines, namely, excavators, wheel loaders, backhoe loaders, front end loaders, concrete construction machines, power shovels, bulldozers, motorized all-terrain carriers, carriers being conveyor belts; loading-unloading machines and apparatus; loading-unloading machines; parts and fittings thereof; replacement parts and fittings thereof; machine elements (not for land vehicles); machine elements not for land vehicles, namely, bearings as parts of machines, gears for machines, reduction gears being parts of machines, shaft couplings as parts of machines, valves as machine components, and power transmissions and gearing for machines, not for land vehicles; snow blowers or snow throwers; snow blowers and snow throwers; industrial fishing machines; industrial fishing machines, namely, submergible automatic cleaners for fish farming nets; dairy machines; dairy machines, namely, milking machines, milk filtering machines, machines for udder cleaning and washing of dairy cows; packaging or wrapping machines and apparatus; packaging and wrapping machinesClass 007 for Metal working machines; construction and civil engineering machines-namely, bulldozers, oil scrapers, graders, road and garden rollers, tamping machines, mixers being machines, asphalting machines, cranes, crushers, digging machines, disintegrators, piling presses, conveyors, and winches; cargo handling machines-namely, elevators, escalators and powered jacks; fishing machines-namely, line haulers, trawl winches, whale harpoon line winches, and net haulers, lumbering machines-namely, band saw mills, circular saws, saw sharpeners, wood lathes and wood millers; wood working machines; boilers as parts of machines or engines; steam engines; jet engines; and turbines; agricultural implements other than hand-operated and agricultural machines, namely, combine harvesters, rice transplanters, binders, mobile threshers, rice hullers, power tillers, bush cutters, vegetable transplanters, chaff cutter blades, corn harvesters cultivators being machines, ditchers being ploughs, grain husking machines, reapers and binders, reapers and threshers, sowers being machines, spraying machines, threshing machines; lawnmowers; motors and engines other than for land vehicles; pumps, namely, pumps for machines, lubricating pumps, hydraulic pumps, fuel injection pumps; generators of electricity; construction machines, namely, excavators, wheel loaders, backhoe loaders, front end loaders, concrete construction machines, power shovels, bulldozers, motorized all-terrain carriers, carriers being conveyor belts; loading-unloading machines; replacement parts and fittings thereof; machine elements not for land vehicles, namely, bearings as parts of machines, gears for machines, reduction gears being parts of machines, shaft couplings as parts of machines, valves as machine components, and power transmissions and gearing for machines, not for land vehicles; snow blowers and snow throwers; industrial fishing machines, namely, submergible automatic cleaners for fish farming nets; dairy machines, namely, milking machines, milk filtering machines, machines for udder cleaning and washing of dairy cows; packaging and wrapping machines
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: /M. Scott Alprin/     Date: 03/14/2017
Signatory's Name: M. Scott Alprin
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 202-659-8225

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: 87093828
Internet Transmission Date: Tue Mar 14 00:26:41 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201703140026419
45699-87093828-580619089e868558f96c4f53a
a718a8abfef8e5e8c2d7fcfb78afb6f55ac0e16e
-N/A-N/A-20170314000457719617