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 |
87387139 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 124 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/87387139/mark.png |
| LITERAL ELEMENT |
OCI |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of OCI in blue. |
| ARGUMENT(S) |
| Please see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_2078624468-20171219173259896560_._Response_to_Office_Action.PDF |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0003.JPG |
| ORIGINAL PDF FILE |
evi_2078624468-20171219173259896560_._Response_to_Office_Action_-_Exhibit_A.PDF |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\873\871\87387139\xml2\ROA0009.JPG |
| DESCRIPTION OF EVIDENCE FILE |
legal argument and Exhibit A referenced therein |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
001 |
| DESCRIPTION |
| urea, methanol, melamine, nitrogen fertilizers, granular urea, ammonia, urea ammonium nitrate (UAN) solution, Calcium ammonium nitrate
(CAN), ammonium sulphate, ammonium nitrate, hydrogen, argon, carbon dioxide, nitric acid, and diesel exhaust fluid |
| FILING BASIS |
Section 1(b) |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
001 |
| TRACKED TEXT DESCRIPTION |
urea, methanol, melamine, nitrogen fertilizers, granular urea, ammonia, urea ammonium nitrate (UAN)
solution, Calcium ammonium nitrate (CAN), ammonium sulphate, ammonium nitrate, hydrogen, argon, carbon dioxide, nitric acid, and diesel exhaust fluid; urea
fertilizer, chemicals for industrial purposes, namely methanol, melamine, ammonia, and urea ammonium nitrate (UAN) solution, calcium ammonium nitrate (CAN), ammonium sulphate, ammonium nitrate,
hydrogen, argon, liquid carbon dioxide, and nitric acid; nitrogen fertilizers; granular urea fertilizer;
and diesel exhaust fluid |
| FINAL DESCRIPTION |
| urea fertilizer, chemicals for industrial purposes, namely methanol, melamine, ammonia, and urea ammonium nitrate (UAN) solution,
calcium ammonium nitrate (CAN), ammonium sulphate, ammonium nitrate, hydrogen, argon, liquid carbon dioxide, and nitric acid; nitrogen fertilizers; granular urea fertilizer; and diesel exhaust
fluid |
| FILING BASIS |
Section 1(b) |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
The color white is not being claimed as a feature of the mark. In the drawing for the instant mark, the color white represents background that
is not claimed as part of the mark. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/todd a denys/ |
| SIGNATORY'S NAME |
Todd A. Denys |
| SIGNATORY'S POSITION |
Attorney of record, New Jersey bar member |
| SIGNATORY'S PHONE NUMBER |
609-924-8555 |
| DATE SIGNED |
12/19/2017 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue Dec 19 17:43:08 EST 2017 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XX-2
0171219174308908746-87387
139-5109a7e6b432c96ff4085
5aa41631ce54692d047b0fdce
e45dfe0d09dde7ad2e0-N/A-N
/A-20171219173259896560 |
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.
87387139 OCI (Stylized and/or with Design, see http://uspto.report/TM/87387139/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of legal argument and Exhibit A referenced therein has been attached.
Original PDF file:
evi_2078624468-20171219173259896560_._Response_to_Office_Action.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_2078624468-20171219173259896560_._Response_to_Office_Action_-_Exhibit_A.PDF
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for urea, methanol, melamine, nitrogen fertilizers, granular urea, ammonia, urea ammonium nitrate (UAN) solution, Calcium ammonium nitrate (CAN), ammonium sulphate, ammonium
nitrate, hydrogen, argon, carbon dioxide, nitric acid, and diesel exhaust fluid
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: urea, methanol, melamine, nitrogen fertilizers, granular urea, ammonia, urea ammonium nitrate (UAN) solution, Calcium ammonium nitrate
(CAN), ammonium sulphate, ammonium nitrate, hydrogen, argon, carbon dioxide, nitric acid, and diesel exhaust fluid;
urea fertilizer, chemicals for industrial
purposes, namely methanol, melamine, ammonia, and urea ammonium nitrate (UAN) solution, calcium ammonium nitrate (CAN), ammonium sulphate, ammonium nitrate, hydrogen, argon, liquid carbon dioxide,
and nitric acid;
nitrogen fertilizers;
granular urea fertilizer;
and diesel
exhaust fluidClass 001 for urea fertilizer, chemicals for industrial purposes, namely methanol, melamine, ammonia, and urea ammonium nitrate (UAN) solution, calcium ammonium nitrate (CAN),
ammonium sulphate, ammonium nitrate, hydrogen, argon, liquid carbon dioxide, and nitric acid; nitrogen fertilizers; granular urea fertilizer; and diesel exhaust fluid
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
Miscellaneous Statement
The color white is not being claimed as a feature of the mark. In the drawing for the instant mark, the color white represents background that is not claimed as part of the mark.
SIGNATURE(S)
Response Signature
Signature: /todd a denys/ Date: 12/19/2017
Signatory's Name: Todd A. Denys
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 609-924-8555
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: 87387139
Internet Transmission Date: Tue Dec 19 17:43:08 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2017121917430890
8746-87387139-5109a7e6b432c96ff40855aa41
631ce54692d047b0fdcee45dfe0d09dde7ad2e0-
N/A-N/A-20171219173259896560
