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. 87255264 ROCKWOOD(Standard Characters, see http://uspto.report/TM/87255264/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of A .pdf of this Amendment and Response is attached. has been attached.
Original PDF file:
evi_1214420254-20170802150415680942_._ROCKWOOD178color.pdf
Converted PDF file(s) ( 49 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 002 for Paint and paint equipment
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: Paint and paint equipment; Paints and Economy tools and products exclusively in the do-it-yourself automotive field, namely, clears, automotive finishes, under hood and high temperature coatings, under car coatings, primers, cleaners and paint preparations, plating, and specialty coatings; paint guns, shakers and mixers, airbrushes, compressors, stencils, pin striping tools, masking products, and polishers.Class 002 for Paints and Economy tools and products exclusively in the do-it-yourself automotive field, namely, clears, automotive finishes, under hood and high temperature coatings, under car coatings, primers, cleaners and paint preparations, plating, and specialty coatings; paint guns, shakers and mixers, airbrushes, compressors, stencils, pin striping tools, masking products, and polishers.
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 Economy tools and product in the DIY automotive space to include shop equipment, abrasive blasting equipment, metal fab tools, buffing equipment, safety equipment, auto specialty tools, air tools, power tools, powder coating tools and powder, welding equipment, auto parts, rust solutions, auto body and interior repair tools
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: Economy tools and product in the DIY automotive space to include shop equipment, abrasive blasting equipment, metal fab tools, buffing equipment, safety equipment, auto specialty tools, air tools, power tools, powder coating tools and powder, welding equipment, auto parts, rust solutions, auto body and interior repair tools; Economy tools and products in the do-it-yourself automotive field, namely, compressors and air management, drills, cutting tools, grinders, air hammers, impact and ratcheting wrenches, punch-flangers, impact sockets and accessories, sanders, brake systems, suspensions, fuel systems and additives, engine tools, diagnostic tools, cooling systems, oil filter tools and additives, and electrical systems.Class 007 for Economy tools and products in the do-it-yourself automotive field, namely, compressors and air management, drills, cutting tools, grinders, air hammers, impact and ratcheting wrenches, punch-flangers, impact sockets and accessories, sanders, brake systems, suspensions, fuel systems and additives, engine tools, diagnostic tools, cooling systems, oil filter tools and additives, and electrical systems.
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: /maxim a. voltchenko/     Date: 08/02/2017
Signatory's Name: Maxim A. Voltchenko
Signatory's Position: Attorney for Applicant, Member of PA Bar

Signatory's Phone Number: 215-979-1823

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: 87255264
Internet Transmission Date: Wed Aug 02 15:12:06 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2017080215120633
9917-87255264-510b6e35878db4a199a6cce588
b03e1462b719d088b4f9e3762a0d7ca11122a44-
N/A-N/A-20170802150415680942