TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 11/30/2023)

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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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 11/30/2023)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87356506 HURRICANE(Standard Characters, see http://uspto.report/TM/87356506/mark.png) has been amended as follows:

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

The Amendments and remarks are attached herewith as a PDF file to preserve the formatting of the text.

EVIDENCE
Evidence has been attached: Response to Office Action and Exhibit A evidencing trademark assignment agreement.
Original PDF file:
evi_38111352-202012161101 22130956_._T0852.20007US0 1.RESPONSE_DUE_12.16.20.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_38111352-202012161101 22130956_._T0852.20007US0 1.EXHIBIT_A.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 021 for Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles for household use, brushes for parquet floors, brushes for cleaning tile floors, brushes for cleaning vegetables for household use, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes in the nature of tar brushes for household use, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges in the nature of sponges and cleaning clothes, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments for cleaning, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops for household purposes; soap dispensers and soap holders; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, cleaning sponges, dusters, dust cloths, soap dispensing brushes, namely, scrub brushes, dust brushes and utility cleaning brushes for household use, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution refill cartridges for mops with electric cleaning solution sprayers used to clean floors for household use
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: Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles for household use, brushes for parquet floors, brushes for cleaning tile floors, brushes for cleaning vegetables for household use, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes in the nature of tar brushes for household use, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges in the nature of sponges and cleaning clothes, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments for cleaning, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops for household purposes; soap dispensers and soap holders; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use for household purposes; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, cleaning sponges, dusters, dust cloths, soap dispensing brushes, namely, scrub brushes, dust brushes and utility cleaning brushes for household use, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution refill cartridges for mops with electric cleaning solution sprayers used to clean floors for household useClass 021 for Mop refills in the nature of mop heads, dust mops and their refills in the nature of mop heads, floor mops and their refills in the nature of mop heads, microfiber mops and their refills in the nature of mop heads, roller mops and their refills in the nature of mop heads, sponge mops and their refills in the nature of mop heads, dry or dust mops and their refills in the nature of mop heads, sponge mops featuring scrub brushes and their refills in the nature of mop heads, spray mops and their refills in the nature of mop heads, strip mops and their refills in the nature of mop heads, twist mops and their refills in the nature of mop heads, flat mops and their refills in the nature of mop heads, wet mops and their refills in the nature of mop heads, deck mops and their refills in the nature of mop heads, yarn mopheads, floor wax applicators and refills therefor in the nature of pads for floor wax application mountable on mop handles; brooms, corn brooms, hard brooms, plastic brooms, push brooms, whisk brooms, sweep brooms, brushes, namely, bath and shower brushes, brushes for cleaning bottles for household use, brushes for parquet floors, brushes for cleaning tile floors, brushes for cleaning vegetables for household use, cleaning brushes for household use, dishwashing brushes, dusting brushes, floor brushes, grill brushes for barbecue grills, lint brushes, pot cleaning brushes, roofing brushes in the nature of tar brushes for household use, scraping brushes, scrubbing brushes, toilet brushes, bowl brushes, tub scrub brushes, nail and hand cleaning brushes, wire brushes not being machine parts; dusters, feather dusters, microfiber cleaning dusters; cleaning sponges, microfiber cleaning sponges, scouring sponges, scrub sponges, sponges for household purposes, and refills for cleaning sponges in the nature of sponges and cleaning clothes, dish-cleaning sponges with soap-filled dispensers and refills therefor in the nature of sponges; cleaning cloths, cloth for wiping or dusting, dusting cloths, microfiber cleaning cloths, scrubbing pads made of metal and plastic filaments for cleaning, cleaning pads, grill cleaning pads; buckets, plastic buckets, buckets for commercial and household use, squeegee buckets; pails, plastic pails; mop wringers; dust pans, dust bins; dusting gloves; lint rollers and refills for lint rollers; metal wool for cleaning; scoops for household purposes; soap dispensers and soap holders; squeegees for floor use for household use, window cleaners in the nature of squeegees for commercial use, squeegees for floor use for household purposes; toilet brush holders; plungers for clearing blocked drains, plungers with caddies; Cleaning tools, namely, buckets, brooms, push brooms, dust pans, debris collectors, namely, mop buckets and trash cans; squeegees, cleaning sponges, dusters, dust cloths, soap dispensing brushes, namely, scrub brushes, dust brushes and utility cleaning brushes for household use, and gloves for household use; work gloves; Light duty utility gloves; cloth for washing floors; furniture and appliance dusters; crumb-sweepers; cleaning solution refill cartridges for mops with electric cleaning solution sprayers used to clean floors for household use
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
Claim of Active Prior Registration(s)
The applicant claims ownership of active prior U.S. Registration Number(s) 5444187.

Correspondence Information (current):
      Robert T. Maldonado, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: romtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tostrademarks@wolfgreenfield.com

The docket/reference number is T08522000701.
Correspondence Information (proposed):
      Robert T. Maldonado, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: romtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tostrademarks@wolfgreenfield.com

The docket/reference number is T08522000701.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Robert T. Maldonado/     Date: 12/16/2020
Signatory's Name: Robert T. Maldonado
Signatory's Position: Attorney of Record

Signatory's Phone Number: 212-849-3339

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Robert T. Maldonado, Esq.
   Wolf, Greenfield & Sacks, P.C.
   
   605 Third Avenue
   New York, New York 10158
Mailing Address:    Robert T. Maldonado, Esq.
   Wolf, Greenfield & Sacks, P.C.
   605 Third Avenue
   New York, New York 10158
        
Serial Number: 87356506
Internet Transmission Date: Wed Dec 16 11:57:27 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XX.X-202012161157273576
18-87356506-750ee4a1ab24873133c822db104a
77a720e54c81ebef4ab79fbe98c9803a5bbc-N/A
-N/A-20201216110122130956