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 |
87446709 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/87446709/mark.png |
LITERAL ELEMENT |
OLIVER AMES & SONS TOOL COMPANY |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
In response to the partial 2(d) refusal, Applicant has deleted the language "tools and equipment for the application and manipulation of . . .
tape; tape application machines" in the section of the response appropriate to that amendment. |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Tools and equipment for the application and manipulation of paints, coatings, finishes, compounds, tape, and sealants in liquid or
solid form; texture hoppers, sprayers, tape application machines, paint applicators, sealant applicators |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Tools and equipment for the application and manipulation of paints, coatings, finishes, compounds, tape,
and sealants in liquid or solid form; Power-operated tools and equipment, namely, painting machines and paint spreading machines for the application and
manipulation of paints, coatings, finishes, compounds, and sealants in liquid or solid form; texture hoppers, sprayers, tape application machines, paint
applicators, sealant applicators; paint spray guns, power-operated paint spraying machines, power-operated paint finishing machines, power-operated paint
spreading machines, and power-operated sealant applying machine; mechanical discharging texture hoppers |
FINAL DESCRIPTION |
Power-operated tools and equipment, namely, painting machines and paint spreading machines for the application and manipulation of
paints, coatings, finishes, compounds, and sealants in liquid or solid form; paint spray guns, power-operated paint spraying machines, power-operated paint finishing machines, power-operated paint
spreading machines, and power-operated sealant applying machine; mechanical discharging texture hoppers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (008)(class added) |
INTERNATIONAL CLASS |
008 |
DESCRIPTION |
Hand tools, namely, paint spreaders, paint stirrers, and paint scrapers; tools for cleaning paint brushes; hand tools, namely, spatulas;
hand tools for applying caulk, sealant, and adhesives; hand tools in the nature of spatulas used as both an applicator and scraper for the purpose of applying caulk, sealant, and adhesives |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(class added) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Paint brushes; paint applicator rollers |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use & SONS TOOL COMPANY apart from the mark as shown. |
NAME(S), PORTRAITS(S), SIGNATURE(S) OF INDIVIDUAL(S) |
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual. |
MISCELLANEOUS STATEMENT |
Where appropriate in the response, Applicant has clarified the original-filed language "tools and equipment for the application and
manipulation of paints, coatings, finishes, compounds, tape, and sealants in liquid or solid form" description to indicate both power tools (in Class 7) and hand tools (in Class 8) including such
hand tools such as paint brushes (in Class 16) |
PAYMENT SECTION |
NUMBER OF CLASSES |
2 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
550 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Elliott Williams/ |
SIGNATORY'S NAME |
Elliott J. Williams |
SIGNATORY'S POSITION |
Attorney of record, Oregon bar member |
SIGNATORY'S PHONE NUMBER |
(503) 294-9571 |
DATE SIGNED |
02/05/2018 |
RESPONSE SIGNATURE |
/Elliott Williams/ |
SIGNATORY'S NAME |
Elliott J. Williams |
SIGNATORY'S POSITION |
Attorney of record, Oregon bar member |
SIGNATORY'S PHONE NUMBER |
5032949571 |
DATE SIGNED |
02/06/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Feb 06 11:33:26 EST 2018 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20180206113326324968-8744
6709-51038ccb9996511e1c43
30eae59c7b8e840442cb7e887
23d41f41e1a46a6cc9f7-CC-9
856-20180202162348347109 |
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.
87446709 OLIVER AMES & SONS TOOL COMPANY(Standard Characters, see http://uspto.report/TM/87446709/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the partial 2(d) refusal, Applicant has deleted the language "tools and equipment for the application and manipulation of . . . tape; tape application machines" in the section of the
response appropriate to that amendment.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Tools and equipment for the application and manipulation of paints, coatings, finishes, compounds, tape, and sealants in liquid or solid form; texture hoppers, sprayers,
tape application machines, paint applicators, sealant applicators
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: Tools and equipment for the application and manipulation of paints, coatings, finishes, compounds, tape, and sealants in liquid or
solid form;
Power-operated tools and equipment, namely, painting machines and paint spreading machines for the application and manipulation of paints, coatings,
finishes, compounds, and sealants in liquid or solid form;
texture hoppers, sprayers, tape application machines, paint applicators, sealant applicators;
paint spray guns, power-operated paint spraying machines, power-operated paint finishing machines, power-operated paint spreading machines, and power-operated sealant
applying machine;
mechanical discharging texture hoppersClass 007 for Power-operated tools and equipment, namely, painting machines and paint spreading
machines for the application and manipulation of paints, coatings, finishes, compounds, and sealants in liquid or solid form; paint spray guns, power-operated paint spraying machines, power-operated
paint finishing machines, power-operated paint spreading machines, and power-operated sealant applying machine; mechanical discharging texture hoppers
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 hereby adds the following class of goods/services to the application:
New: Class 008 for Hand tools, namely, paint spreaders, paint stirrers, and paint scrapers; tools for cleaning paint brushes; hand tools, namely, spatulas; hand tools for applying caulk,
sealant, and adhesives; hand tools in the nature of spatulas used as both an applicator and scraper for the purpose of applying caulk, sealant, and adhesives
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 hereby adds the following class of goods/services to the application:
New: Class 016 for Paint brushes; paint applicator rollers
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
Disclaimer
No claim is made to the exclusive right to use & SONS TOOL COMPANY apart from the mark as shown.
Name(s), Portrait(s), Signature(s) of individual(s)
The name(s), portrait(s), and/or signature(s) shown in the mark does not identify a particular living individual.
Miscellaneous Statement
Where appropriate in the response, Applicant has clarified the original-filed language "tools and equipment for the application and manipulation of paints, coatings, finishes, compounds, tape, and
sealants in liquid or solid form" description to indicate both power tools (in Class 7) and hand tools (in Class 8) including such hand tools such as paint brushes (in Class 16)
FEE(S)
Fee(s) in the amount of $550 is being submitted.
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: /Elliott Williams/ Date: 02/05/2018
Signatory's Name: Elliott J. Williams
Signatory's Position: Attorney of record, Oregon bar member
Signatory's Phone Number: (503) 294-9571
Response Signature
Signature: /Elliott Williams/ Date: 02/06/2018
Signatory's Name: Elliott J. Williams
Signatory's Position: Attorney of record, Oregon bar member
Signatory's Phone Number: 5032949571
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.
RAM Sale Number: 87446709
RAM Accounting Date: 02/06/2018
Serial Number: 87446709
Internet Transmission Date: Tue Feb 06 11:33:26 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201802061133263
24968-87446709-51038ccb9996511e1c4330eae
59c7b8e840442cb7e88723d41f41e1a46a6cc9f7
-CC-9856-20180202162348347109