Response to Office Action

NORDIC WARE

Northland Aluminum Products, Inc.

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87375038
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87375038/mark.png
LITERAL ELEMENT NORDIC WARE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The words "NORDIC" and "WARE" in all capital letters and an image of a Viking's head positioned between the words "NORDIC" and "WARE".
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 021
DESCRIPTION
Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, racks, griddles, woks, splatter covers, egg poachers, heat induction plates, double boilers, Dutch ovens, covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets, flower sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, measuring cups, measuring spoons, pizza stones, cookie presses, cooking racks, tongs, baskets, woodchip smoker boxes, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/31/1948
        FIRST USE IN COMMERCE DATE At least as early as 12/31/1948
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 021
TRACKED TEXT DESCRIPTION
Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, racks, griddles, woks, splatter covers, egg poachers, heat induction plates, double boilers, Dutch ovens, covers, baskets, and platters; Cookware, namely, pots, pans, non-electric griddles, woks, splatter covers, egg poachers, non-electric heat induction plates adapted to be placed between a cooktop of a stove and a pan to distribute heat more evenly, double boilers, Dutch ovens, pan covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets, flower sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, measuring cups, measuring spoons, pizza stones, cookie presses, cooking racks, tongs, baskets, woodchip smoker boxes, cooking skewers, serving platters; Household utensils, namely, spatulas, pastry decorating sets being pastry bags, flour sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, pizza stones, cookie presses, cooking racks being racks upon which food is placed for cooking of food or cooling of food after cooking, kitchen tongs, metal baskets for cooking and serving food, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppers
FINAL DESCRIPTION
Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, non-electric griddles, woks, splatter covers, egg poachers, non-electric heat induction plates adapted to be placed between a cooktop of a stove and a pan to distribute heat more evenly, double boilers, Dutch ovens, pan covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets being pastry bags, flour sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, pizza stones, cookie presses, cooking racks being racks upon which food is placed for cooking of food or cooling of food after cooking, kitchen tongs, metal baskets for cooking and serving food, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/31/1948
       FIRST USE IN COMMERCE DATE At least as early as 12/31/1948
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use WARE apart from the mark as shown.
MISCELLANEOUS STATEMENT The description of the goods has been amended to further describe the goods and to clarify that they are all properly classified in International Class 21. Goods falling in other classes (e.g., measuring spoons, measuring cups, electric griddles and smoker boxes) have been deleted from the description. The requested disclaimer has been provided. As such, the undersigned respectfully submits the application is in condition for publication.
SIGNATURE SECTION
RESPONSE SIGNATURE /james t nikolai/
SIGNATORY'S NAME James T. Nikolai
SIGNATORY'S POSITION Attorney of record, Minnesota bar member
SIGNATORY'S PHONE NUMBER 612-339-7461
DATE SIGNED 10/11/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Oct 11 15:04:26 EDT 2017
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20171011150426641793-8737
5038-510a14efce2f7bf5b2f7
fcc2baca0434927855d2e7e73
11e6ca3db7ecf03e16d5-N/A-
N/A-20171011145008987831



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 87375038 NORDIC WARE (Stylized and/or with Design, see http://uspto.report/TM/87375038/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 021 for Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, racks, griddles, woks, splatter covers, egg poachers, heat induction plates, double boilers, Dutch ovens, covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets, flower sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, measuring cups, measuring spoons, pizza stones, cookie presses, cooking racks, tongs, baskets, woodchip smoker boxes, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1948 and first used in commerce at least as early as 12/31/1948 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, racks, griddles, woks, splatter covers, egg poachers, heat induction plates, double boilers, Dutch ovens, covers, baskets, and platters; Cookware, namely, pots, pans, non-electric griddles, woks, splatter covers, egg poachers, non-electric heat induction plates adapted to be placed between a cooktop of a stove and a pan to distribute heat more evenly, double boilers, Dutch ovens, pan covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets, flower sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, measuring cups, measuring spoons, pizza stones, cookie presses, cooking racks, tongs, baskets, woodchip smoker boxes, cooking skewers, serving platters; Household utensils, namely, spatulas, pastry decorating sets being pastry bags, flour sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, pizza stones, cookie presses, cooking racks being racks upon which food is placed for cooking of food or cooling of food after cooking, kitchen tongs, metal baskets for cooking and serving food, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppersClass 021 for Bakeware; Bowls; Cake domes; Cake molds; Cake stands; Cookie cutters; Cookie molds; Cookie sheets; Cookie stamps; Cooking utensils, namely, grills; Cookware for use in microwave ovens; Cookware, namely, pots, pans, non-electric griddles, woks, splatter covers, egg poachers, non-electric heat induction plates adapted to be placed between a cooktop of a stove and a pan to distribute heat more evenly, double boilers, Dutch ovens, pan covers, baskets, and platters; Cooling racks for baked goods; Cup cake molds; Grill presses; Household utensils, namely, spatulas, pastry decorating sets being pastry bags, flour sifters, batter scoops, rolling pins, dough cutters, whisks, powdered sugar dusters, pizza stones, cookie presses, cooking racks being racks upon which food is placed for cooking of food or cooling of food after cooking, kitchen tongs, metal baskets for cooking and serving food, cooking skewers, serving platters; Pastry cutters; Pastry molds; Plates; Stovetop popcorn poppers
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1948 and first used in commerce at least as early as 12/31/1948 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WARE apart from the mark as shown.


Miscellaneous Statement
The description of the goods has been amended to further describe the goods and to clarify that they are all properly classified in International Class 21. Goods falling in other classes (e.g., measuring spoons, measuring cups, electric griddles and smoker boxes) have been deleted from the description. The requested disclaimer has been provided. As such, the undersigned respectfully submits the application is in condition for publication.


SIGNATURE(S)
Response Signature
Signature: /james t nikolai/     Date: 10/11/2017
Signatory's Name: James T. Nikolai
Signatory's Position: Attorney of record, Minnesota bar member

Signatory's Phone Number: 612-339-7461

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: 87375038
Internet Transmission Date: Wed Oct 11 15:04:26 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201710111504266
41793-87375038-510a14efce2f7bf5b2f7fcc2b
aca0434927855d2e7e7311e6ca3db7ecf03e16d5
-N/A-N/A-20171011145008987831



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