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. 87171937 MASTER MECHANIC EST. 1948 (Stylized and/or with Design, see http://uspto.report/TM/87171937/mark.png) 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 007 for Grinders, Power Saws, V-Belts, Sanding Belts, Grinding Wheels; Power tools and accessories, namely, bench grinders, drills, electric sanders, jig saws, routers, rotary drills, rotary polishers, rotary grinding machines, drill presses, hammer drills; power-operated reciprocating saws; power-operated 18 volt cordless reciprocating saws; power-operated tools, namely, angle grinders and buffing wheels; electric screwdrivers, namely, 3.6 volt cordless screwdrivers; power operated impact drivers; replacement blades for power saws; wire wheels and brushes for power-operated grinders or drills; utility drive arbors for power-operated grinders; screw guides, namely, component parts for power-operated screw drivers in the nature of bit holders and screw guides for power-operated screwdrivers; screwdriver bits for power tools; bits for power drills; rotary tool accessory sets, namely, bits for power drills
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: Grinders, Power Saws, V-Belts, Sanding Belts, Grinding Wheels; Grinders, Power Saws; Power tools and accessories, namely, bench grinders, drills, electric sanders, jig saws, routers, rotary drills, rotary polishers, rotary grinding machines, drill presses, hammer drills; Machine parts, namely, V-Belts; Power tools and accessories, namely, bench grinders, drills, electric sanders, jig saws, routers, rotary drills, rotary polishers, rotary grinding machines, drill presses, hammer drills, sanding belts, and grinding wheels; power-operated reciprocating saws; power-operated 18 volt cordless reciprocating saws; power-operated tools, namely, angle grinders and buffing wheels; electric screwdrivers, namely, 3.6 volt cordless screwdrivers; power operated impact drivers; replacement blades for power saws; wire wheels and brushes for power-operated grinders or drills; utility drive arbors for power-operated grinders; screw guides, namely, component parts for power-operated screw drivers in the nature of bit holders and screw guides for power-operated screwdrivers; screwdriver bits for power tools; bits for power drills; rotary tool accessory sets, namely, bits for power drillsClass 007 for Grinders, Power Saws; Machine parts, namely, V-Belts; Power tools and accessories, namely, bench grinders, drills, electric sanders, jig saws, routers, rotary drills, rotary polishers, rotary grinding machines, drill presses, hammer drills, sanding belts, and grinding wheels; power-operated reciprocating saws; power-operated 18 volt cordless reciprocating saws; power-operated tools, namely, angle grinders and buffing wheels; electric screwdrivers, namely, 3.6 volt cordless screwdrivers; power operated impact drivers; replacement blades for power saws; wire wheels and brushes for power-operated grinders or drills; utility drive arbors for power-operated grinders; screw guides, namely, component parts for power-operated screw drivers in the nature of bit holders and screw guides for power-operated screwdrivers; screwdriver bits for power tools; bits for power drills; rotary tool accessory sets, namely, bits for power drills
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 008 for Hammers; files; chisels; hand tools, namely, clamps, awls, bolt cutters and wire cutters, Handsaw Blades, Files, Rasps, Hatchets, Mallets, Nut Drivers, Posthole Diggers, Pliers, Shears, Tin Snips, Hole Saws, Axes, Screw Extractors, Shaping Tools, Hand Saws, Wrenches, Nippers, Bits, Rivet Guns, Staplers, Hammer Tackers, Utility Knives, Utility Blades, Torque Wrenches, Picks, Mattocks, Wedges, Sledges, Crowbars and Wrecking Bars, hack saws, miter saws, wood saws, pliers, screwdrivers, taps, dies, car care tools, namely, sockets and ratchets
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: Hammers; files; chisels; hand tools, namely, clamps, awls, bolt cutters and wire cutters, Handsaw Blades, Files, Rasps, Hatchets, Mallets, Nut Drivers, Posthole Diggers, Pliers, Shears, Tin Snips, Hole Saws, Axes, Screw Extractors, Shaping Tools, Hand Saws, Wrenches, Nippers, Bits, Rivet Guns, Staplers, Hammer Tackers, Utility Knives, Utility Blades, Torque Wrenches, Picks, Mattocks, Wedges, Sledges, Crowbars and Wrecking Bars, hack saws, miter saws, wood saws, pliers, screwdrivers, taps, dies, car care tools, namely, sockets and ratchets; hand tools, namely, clamps, awls, bolt cutters and wire cutters, Handsaw Blades, Rasps, Hatchets, Mallets, Nut Drivers, Posthole Diggers, Pliers, Shears, Tin Snips, Hole Saws, Axes, Screw Extractors, Wire Shaping Tools, Hand Saws, Wrenches, Nippers, Hand Drill Bits, Hand Operated Rivet Guns and Staplers, Hammer Tackers, Utility Knives, Utility Knife Blades, Torque Wrenches, Picks, Mattocks, Wedges, Sledges, Crowbars and Wrecking Bars, hack saws, miter saws, wood saws, pliers, screwdrivers, taps, dies, car care tools, namely, sockets and ratchetsClass 008 for Hammers; files; chisels; hand tools, namely, clamps, awls, bolt cutters and wire cutters, Handsaw Blades, Rasps, Hatchets, Mallets, Nut Drivers, Posthole Diggers, Pliers, Shears, Tin Snips, Hole Saws, Axes, Screw Extractors, Wire Shaping Tools, Hand Saws, Wrenches, Nippers, Hand Drill Bits, Hand Operated Rivet Guns and Staplers, Hammer Tackers, Utility Knives, Utility Knife Blades, Torque Wrenches, Picks, Mattocks, Wedges, Sledges, Crowbars and Wrecking Bars, hack saws, miter saws, wood saws, pliers, screwdrivers, taps, dies, car care tools, namely, sockets and ratchets
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 022 for Non-metal tie downs; tie down straps; towing accessories, namely, tow ropes for automobiles and towing straps
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 tie downs; Non-metal and non-leather tie downs; tie down straps; non-metal and non-leather tie down straps; towing accessories, namely, tow ropes for automobiles and towing straps; towing accessories, namely, tow ropes for automobiles and non-metal and non-leather towing strapsClass 022 for Non-metal and non-leather tie downs; non-metal and non-leather tie down straps; towing accessories, namely, tow ropes for automobiles and non-metal and non-leather towing straps
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use EST. 1948 apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Linhda Nguyen/     Date: 01/27/2017
Signatory's Name: Linhda Nguyen
Signatory's Position: Attorney of Record

Signatory's Phone Number: 6123325300

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: 87171937
Internet Transmission Date: Fri Jan 27 17:53:03 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201701271753036
11438-87171937-580fcf1b4083351b127c26330
c5e2e6caeb6b6a9a49eb84fd15f2a0f0462c206f
-N/A-N/A-20170127174759791638