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. 87395174 VICTOR (Stylized and/or with Design, see http://uspto.report/TM/87395174/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: VICTOR (Stylized and/or with Design, see http://uspto.report/TM/87395174/mark.png)
Proposed: VICTOR (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the word VICTOR in stylized form.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Ammeters; Anemometers; Apparatus for testing gas, liquids and solids; Balances; Carbon dioxide detectors; Dynamometers; Electronic test and measurement devices for use in the fields of networks and telecommunications, namely, instrumentation used to test and certify new and existing data and voice communication cable and coaxial cable; Electronic ultrasonic test equipment, namely, ultrasonic flaw detectors, thickness testers and hardness testers, for non-medical use; Frequency meters; Furnaces for laboratory use; Galvanometers; Hourglasses; Laboratory equipment and supplies, namely, test tubes; Laboratory furniture; Lasers, not for medical purposes; Level gauges; Level measuring machines; Manometers; Measuring apparatus, namely, clamp meters for measuring electricity; Metronomes; Ohmmeters; Pedometers; Radiation detectors; Radiation-measuring instruments; Scales; Surveying machines and instruments; Tachometers; Telemeters; Thermo-hygrometers; Ultrasonic thickness gauges; Vibration meters; Voltmeters; Angle gauges; Beakers; Calculating scales; Carpenter's levels; Disposable plastic gloves for laboratory use; Disposable reusable dispenser syringes for laboratory use; Electronic apparatus for testing compression, strength, hardness and tensile characteristics of industrial materials; Electronic-based instruments for measuring environmental parameters including humidity, mold, bacteria, air quality and water quality; Hand-operated laboratory tools for manipulating laboratory samples; Laboratory glassware; Length measuring gauges; Measuring rulers; Measuring apparatus, namely, laser distance meters; Measuring apparatus, namely, laser distance meters; Micrometer gauges; Microwave ovens for laboratory use; Pipettes; Scalpels for laboratory use; Slide calipers; Sound level meters; Test weights; Tire pressure gauges; Vacuum gauges
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 01/20/1998 and first used in commerce at least as early as 01/20/1998 , and is now in use in such commerce.

Proposed: Class 009 for Ammeters; Anemometers; Apparatus for testing gas, liquids and solids; Balances; Carbon dioxide detectors; Dynamometers; Electronic test and measurement devices for use in the fields of networks and telecommunications, namely, instrumentation used to test and certify new and existing data and voice communication cable and coaxial cable; Electronic ultrasonic test equipment, namely, ultrasonic flaw detectors, thickness testers and hardness testers, for non-medical use; Frequency meters; Furnaces for laboratory use; Galvanometers; Hourglasses; Laboratory equipment and supplies, namely, test tubes; Laboratory furniture; Lasers, not for medical purposes; Level gauges; Level measuring machines; Manometers; Measuring apparatus, namely, clamp meters for measuring electricity; Metronomes; Ohmmeters; Pedometers; Radiation detectors; Radiation-measuring instruments; Scales; Surveying machines and instruments; Tachometers; Telemeters; Thermo-hygrometers; Ultrasonic thickness gauges; Vibration meters; Voltmeters; Angle gauges; Beakers; Calculating scales; Carpenter's levels; Disposable plastic gloves for laboratory use; Disposable reusable dispenser syringes for laboratory use; Electronic apparatus for testing compression, strength, hardness and tensile characteristics of industrial materials; Electronic-based instruments for measuring environmental parameters including humidity, mold, bacteria, air quality and water quality; Hand-operated laboratory tools for manipulating laboratory samples; Laboratory glassware; Length measuring gauges; Measuring rulers; Measuring apparatus, namely, laser distance meters; Measuring apparatus, namely, laser distance meters; Micrometer gauges; Microwave ovens for laboratory use; Pipettes; Scalpels for laboratory use; Slide calipers; Sound level meters; Test weights; Tire pressure gauges; Vacuum gauges
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 01/20/1998 and first used in commerce at least as early as 01/20/1998 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Scale. .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /fc/      Date: 06/27/2017
Signatory's Name: Chan, Frank
Signatory's Position: Owner
Signatory's Phone Number: 9172791000


Response Signature
Signature: /fc/     Date: 06/27/2017
Signatory's Name: Chan, Frank
Signatory's Position: Owner

Signatory's Phone Number: 9172791000

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 87395174
Internet Transmission Date: Tue Jun 27 09:02:49 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201706270902490233
98-87395174-5907334ec707418718c5beb1d171
0152ae23c2e92d55d2fbc6e5a4b3599fe6e837-N
/A-N/A-20170627084807562811