Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 87112872 ECON(Standard Characters, see http://uspto.report/TM/87112872/mark.png) has been amended as follows:

EXPLANATION OF FILING
There was a typographical error on the date of first use in commerce date.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for pressure indicators, flow indicators, level indicators; pressure measuring instruments; gauges, namely, oil, air, water, fluids, gases gauges; pressure transmitters; electronic pressure switches, not being parts of machines; temperature sensors and indicators, temperature switches; thermostats, vacuum gauges; manometers, namely, tube spring manometers, diaphragm manometers, capsule element manometers and differential pressure manometers; digital instruments, namely, automatic pressure and temperature indicating and control instruments; thermometers, namely, glass thermometers, bimetal thermometers , expansion thermometers, resistance thermometers; thermocouples, pyrometers, sight glasses being level indicators, flowmeters designed with variable area floats, ultrasonic flowmeters, differential pressure flowmeters, orifices plate flowmeters; electrical controllers with capacity and conductivity measurement; electrical process controllers; rotameters for measuring the flow rate of fluids; electronic indicators, namely, pressure, temperature, flow and level indicators; thermometers not for medical purposes; manometers, level instruments, namely, level gauges; water meters, flow switches for monitoring and controlling the flow of gases or liquids, paddle switches for monitoring and controlling the flow of gases or liquids; magnetic-inductive flow sensors; float switches for monitoring and controlling the flow of gases or liquids; instruments for measuring steam pressure and temperature; oil gauges in the nature of oil level sensors; magnetic level gauges; electric actuators, pressure sensors, temperature sensors, namely, resistance temperature detectors; digital operated hand thermometers; flow meters, namely, calorimetric, differential pressure, turbine, mass and vortex flow meters, level switches for monitoring and controlling liquids in tanks and vessels, including hydrostatic, pressure, capacity, ultrasonic and radar level switches; solenoid valves, solenoid valve positioners; electrical limit switches, electromagnetic switches and valves being solenoids; pressure indicators for valves; electric actuators; electrically actuated automatic shut-off and control valves; automatic control valves; automatic pressure reducing and pressure relief valves; automatic temperature control valves; none of the foregoing being for medical use, for vibration and shock testing, measurement and analysis, or for use in the field of automation technology
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 009 for pressure indicators, flow indicators, level indicators; pressure measuring instruments; gauges, namely, oil, air, water, fluids, gases gauges; pressure transmitters; electronic pressure switches, not being parts of machines; temperature sensors and indicators, temperature switches; thermostats, vacuum gauges; manometers, namely, tube spring manometers, diaphragm manometers, capsule element manometers and differential pressure manometers; digital instruments, namely, automatic pressure and temperature indicating and control instruments; thermometers, namely, glass thermometers, bimetal thermometers , expansion thermometers, resistance thermometers; thermocouples, pyrometers, sight glasses being level indicators, flowmeters designed with variable area floats, ultrasonic flowmeters, differential pressure flowmeters, orifices plate flowmeters; electrical controllers with capacity and conductivity measurement; electrical process controllers; rotameters for measuring the flow rate of fluids; electronic indicators, namely, pressure, temperature, flow and level indicators; thermometers not for medical purposes; manometers, level instruments, namely, level gauges; water meters, flow switches for monitoring and controlling the flow of gases or liquids, paddle switches for monitoring and controlling the flow of gases or liquids; magnetic-inductive flow sensors; float switches for monitoring and controlling the flow of gases or liquids; instruments for measuring steam pressure and temperature; oil gauges in the nature of oil level sensors; magnetic level gauges; electric actuators, pressure sensors, temperature sensors, namely, resistance temperature detectors; digital operated hand thermometers; flow meters, namely, calorimetric, differential pressure, turbine, mass and vortex flow meters, level switches for monitoring and controlling liquids in tanks and vessels, including hydrostatic, pressure, capacity, ultrasonic and radar level switches; solenoid valves, solenoid valve positioners; electrical limit switches, electromagnetic switches and valves being solenoids; pressure indicators for valves; electric actuators; electrically actuated automatic shut-off and control valves; automatic control valves; automatic pressure reducing and pressure relief valves; automatic temperature control valves; none of the foregoing being for medical use, for vibration and shock testing, measurement and analysis, or for use in the field of automation technology
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.

In International Class 009, the mark was first used at least as early as 01/02/1921 . and first used in commerce at least as early as 08/16/2016 .

Applicant hereby submits one(or more) specimen(s) for Class 009 .

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: /Mary Catherine Merz/      Date: 04/16/2018
Signatory's Name: Mary Catherine Merz
Signatory's Position: Attorney of Record, Illinois bar member


Signature: /Mary Catherine Merz/     Date: 04/16/2018
Signatory's Name: Mary Catherine Merz
Signatory's Position: Attorney of Record, Illinois bar member

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 applicant'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 applicant 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: 87112872
Internet Transmission Date: Mon Apr 16 12:26:47 EDT 2018
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XXX-2018041612264783
9313-87112872-510d89d23151c901941ad74d33
b9aefa461b942b8c271f7bd9ce1f02520ed86a3-
N/A-N/A-20180416121334451895