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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87593839 NSS(Standard Characters, see http://uspto.report/TM/87593839/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 006 for Irons and steels; nonferrous metals and their alloys; ores of metals; metal materials for building and construction, namely, chimney shafts of metal, stair treads of metal, fasteners for casement windows of metal, guardrails of metal, wall linings of metal, pilings of metal, gratings of metal, tunneling materials of metal, fences of metal, metal shutters for building or construction, water-pipes of metal, tiles of metal, steel frames for building, boards of metal for shelves as metal materials for building or construction, hinges of metal, handrails of metal, gabions of steel wire, ceiling boards of metal, ceiling decorations of metal, electric poles of metal, door knockers of metal, gutters of metal, gutter brackets of metal, sliding door pulleys or rollers of metal, doors of metal, door handles of metal, door closers of metal, pillars of metal, wainscotings of metal, metal beams, grilles of metal, wire fences, fire retarding doors of metal, floor pavings of metal, windows of metal, window knobs of metal, window frames of metal, window pulleys, manhole covers of metal, gates of metal, barbed wires, floor boards of metal for building or construction, louver doors of metal, rockslide retention wire nets, laths of metal, frames of metal, solar battery module frame, metal roofing, roofing tiles of metal, roof of metal, metal walls, exterior materials of metal, cladding of metal, reinforcing materials of metal, panels of metal, metal ceiling boards for building or construction, duckboards of metal, purlins of metal, rafters of metal, sleepers of metal, joists of metal, braces of metal, diagonal beams of metal, girths of metal, metal hardware for column base, roof trusses of metal, gables of metal, metal plates for diagonal beams, and hold-down hardware of metal; metal joinery fittings; metal hardware, namely, security locks, keys for locks, rings of metal for keys, cut nails, metal rings, casters of metal, nails, wedges and pegs of metal, chains of metal, washers of metal, nuts of metal, padlocks, screws, tacks of metal, metal fixtures for ropes for use with swimming pools, plugs of metal, bolts of metal, rivets, reinforcing materials of metal, buckles of common metal (hardware), binding metals, and stops of metal; prefabricated building assembly kits of metal; reservoirs of metal; metal pulleys; springs and valves; industrial packaging containers of metal; loading and unloading pallets of metal; turn-tables for load handling; traversers for load handling; artificial fish reefs of metal; metal moulds for forming cement products; transportable greenhouses of metal for household use; paint spraying booths of metal; poultry cages of metal; beacons of metal, non luminous; road signs of metal; railway switches; keys; cotter pins; metal junction for pipes; metal flanges; anchors; mooring bitts of metal; mooring bollards of metal; anvils; swage blocks; wire nets and gauzes; wire ropes; chains for dogs; water tanks of metal for household purposes; tool boxes of metal, sold empty; tool chests of metal, sold empty; money boxes of metal; metal stepladders and ladders; metal nameplates and door nameplate; towel dispensers of metal; hat-hanging hooks of metal; letter boxes of metal; safes; upright sign boards of metal; metal gravestones and metal tomb plaques; buckles of metal; crampons for climbing; metal hardware, namely, carabiners; diving platforms of metal; rock pitons; stirrups of metal; spurs; containers of metal for transport; steel strip; steel sheets; steel plates; steel pipes and tubes; section steel, namely, shaped steel bars for use in connection with frames of metal, solar battery module frame, metal components for automobiles, furring strips of metal, metal shutters for building or construction, vinyl plastic hothouses, metal materials for building or construction, metal joinery fittings, prefabricated building assembly kits of metal, metal beams, pillars of metal, steel frames for building, reinforcing materials of metal, diagonal beams of metal, girths of metal, H-steel, steel angles, channel shaped steels, and I-steel; steel wires; corrugated steel plates
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 5076002 registered 09/07/2007 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Irons and steels; nonferrous metals and their alloys; ores of metals; metal materials for building and construction, namely, chimney shafts of metal, stair treads of metal, fasteners for casement windows of metal, guardrails of metal, wall linings of metal, pilings of metal, gratings of metal, tunneling materials in the nature of metal pilings, fences of metal, metal shutters for building or construction, water-pipes of metal, tiles of metal, steel frames for building, boards of metal for shelves as metal materials for building or construction, hinges of metal, handrails of metal, ceiling boards of metal, doors of metal, pillars of metal, wainscotings of metal, metal beams, fire retarding doors of metal, windows of metal, window frames of metal, gates of metal, floor boards of metal for building or construction, louver doors of metal, laths of metal, frames of metal, solar battery module frame in the nature of mounts for solar batteries, metal roofing, roofing tiles of metal, roofing of metal, metal wallboards, exterior materials of metal in the nature of sheet metal, cladding of metal, reinforcing materials of metal, wall, floor and roofing panels of metal, metal ceiling boards for building or construction, duckboards of metal, roof purlins of metal, roof rafters of metal, sleepers of metal used for flooring support, joists of metal, braces of metal, diagonal beams of metal, girders of metals in the nature of support beams, metal hardware in the nature of metal supports for column bases, roof trusses of metal, roof gables of metal, metal plates for diagonal beams, and metal joinery fittings; metal materials for building and construction, namely, chimney shafts of metal, stair treads of metal, fasteners for casement windows of metal, guardrails of metal, wall linings of metal, pilings of metal, gratings of metal, tunneling materials of metal, fences of metal, metal shutters for building or construction, water-pipes of metal, tiles of metal, steel frames for building, boards of metal for shelves as metal materials for building or construction, hinges of metal, handrails of metal, gabions of steel wire, ceiling boards of metal, ceiling decorations of metal, electric poles of metal, door knockers of metal, gutters of metal, gutter brackets of metal, sliding door pulleys or rollers of metal, doors of metal, door handles of metal, door closers of metal, pillars of metal, wainscotings of metal, metal beams, grilles of metal, wire fences, fire retarding doors of metal, floor pavings of metal, windows of metal, window knobs of metal, window frames of metal, window pulleys, manhole covers of metal, gates of metal, barbed wires, floor boards of metal for building or construction, louver doors of metal, rockslide retention wire nets, laths of metal, frames of metal, solar battery module frame, metal roofing, roofing tiles of metal, roof of metal, metal walls, exterior materials of metal, cladding of metal, reinforcing materials of metal, panels of metal, metal ceiling boards for building or construction, duckboards of metal, purlins of metal, rafters of metal, sleepers of metal, joists of metal, braces of metal, diagonal beams of metal, girths of metal, metal hardware for column base, roof trusses of metal, gables of metal, metal plates for diagonal beams, and hold-down hardware of metal; metal hardware, namely, metal screw rings, washers of metal, reinforcing materials of metal for building, buckles of common metal, binding screws of metal for cables, and stops of metal for use in connection with solar panel mounts; metal joinery fittings; prefabricated building assembly kits of metal; metal hardware, namely, security locks, keys for locks, rings of metal for keys, cut nails, metal rings, casters of metal, nails, wedges and pegs of metal, chains of metal, washers of metal, nuts of metal, padlocks, screws, tacks of metal, metal fixtures for ropes for use with swimming pools, plugs of metal, bolts of metal, rivets, reinforcing materials of metal, buckles of common metal (hardware), binding metals, and stops of metal; metal hardware, namely, security locks, keys for locks, cut nails, metal rings, casters of metal, nails, wedges and pegs of metal, chains of metal, washers of metal, nuts of metal, padlocks, screws, metal fixtures for ropes for use with swimming pools, plugs of metal, bolts of metal, rivets, reinforcing materials of metal, buckles of common metal (hardware), binding metals, and stops of metal; reservoirs of metal; industrial packaging containers of metal; metal moulds for forming cement, namely, metal forms for use in building and construction; springs and valves; metal pulleys; springs and valves, not machine elements; metal junction for pipes; metal flanges; upright sign boards of metal; loading and unloading pallets of metal; turn-tables for load handling; transportable greenhouses of metal for household use; containers of metal for transport; traversers for load handling; steel strip; beacons of metal, non luminous; artificial fish reefs of metal; road signs of metal; steel sheets; metal moulds for forming cement products; steel plates; steel pipes and tubes; paint spraying booths of metal; section steel, namely, shaped cold-finished steel bars for use in connection with frames of metal, solar battery module frame, metal components for automobiles, furring strips of metal, vinyl plastic hothouses, metal materials for building or construction, prefabricated building assembly kits of metal, metal beams, pillars of metal, steel frames for building, reinforcing materials of metal, diagonal beams of metal, girders of metal, H-steel, steel angles, channel shaped steels, and I-steel; poultry cages of metal; corrugated steel plates; beacons of metal, non-luminous; road signs of metal, not luminous nor mechanical; railway switches; keys; cotter pins; chains for dogs; metal junction for pipes; metal flanges; anchors; mooring bitts of metal; money boxes of metal; mooring bollards of metal; anvils; swage blocks; wire nets and gauzes; wire ropes; water tanks of metal for household purposes; safes; tool boxes of metal, sold empty; tool chests of metal, sold empty; metal gravestones and metal tomb plaques; metal stepladders and ladders; metal nameplates and door nameplate; crampons for climbing; towel dispensers of metal; hat-hanging hooks of metal; diving platforms of metal; letter boxes of metal; rock pitons; buckles of metal; stirrups of metal; metal hardware, namely, carabiners; spurs; section steel, namely, shaped steel bars for use in connection with frames of metal, solar battery module frame, metal components for automobiles, furring strips of metal, metal shutters for building or construction, vinyl plastic hothouses, metal materials for building or construction, metal joinery fittings, prefabricated building assembly kits of metal, metal beams, pillars of metal, steel frames for building, reinforcing materials of metal, diagonal beams of metal, girths of metal, H-steel, steel angles, channel shaped steels, and I-steel; steel wiresClass 006 for Irons and steels; nonferrous metals and their alloys; metal materials for building and construction, namely, chimney shafts of metal, stair treads of metal, fasteners for casement windows of metal, guardrails of metal, wall linings of metal, pilings of metal, gratings of metal, tunneling materials in the nature of metal pilings, fences of metal, metal shutters for building or construction, water-pipes of metal, tiles of metal, steel frames for building, boards of metal for shelves as metal materials for building or construction, hinges of metal, handrails of metal, ceiling boards of metal, doors of metal, pillars of metal, wainscotings of metal, metal beams, fire retarding doors of metal, windows of metal, window frames of metal, gates of metal, floor boards of metal for building or construction, louver doors of metal, laths of metal, frames of metal, solar battery module frame in the nature of mounts for solar batteries, metal roofing, roofing tiles of metal, roofing of metal, metal wallboards, exterior materials of metal in the nature of sheet metal, cladding of metal, reinforcing materials of metal, wall, floor and roofing panels of metal, metal ceiling boards for building or construction, duckboards of metal, roof purlins of metal, roof rafters of metal, sleepers of metal used for flooring support, joists of metal, braces of metal, diagonal beams of metal, girders of metals in the nature of support beams, metal hardware in the nature of metal supports for column bases, roof trusses of metal, roof gables of metal, metal plates for diagonal beams, and metal joinery fittings; metal hardware, namely, metal screw rings, washers of metal, reinforcing materials of metal for building, buckles of common metal, binding screws of metal for cables, and stops of metal for use in connection with solar panel mounts; prefabricated building assembly kits of metal; metal hardware, namely, security locks, keys for locks, cut nails, metal rings, casters of metal, nails, wedges and pegs of metal, chains of metal, washers of metal, nuts of metal, padlocks, screws, metal fixtures for ropes for use with swimming pools, plugs of metal, bolts of metal, rivets, reinforcing materials of metal, buckles of common metal (hardware), binding metals, and stops of metal; reservoirs of metal; industrial packaging containers of metal; metal moulds for forming cement, namely, metal forms for use in building and construction; metal pulleys; springs and valves, not machine elements; metal junction for pipes; metal flanges; upright sign boards of metal; loading and unloading pallets of metal; turn-tables for load handling; containers of metal for transport; traversers for load handling; steel strip; artificial fish reefs of metal; steel sheets; metal moulds for forming cement products; steel plates; steel pipes and tubes; paint spraying booths of metal; section steel, namely, shaped cold-finished steel bars for use in connection with frames of metal, solar battery module frame, metal components for automobiles, furring strips of metal, vinyl plastic hothouses, metal materials for building or construction, prefabricated building assembly kits of metal, metal beams, pillars of metal, steel frames for building, reinforcing materials of metal, diagonal beams of metal, girders of metal, H-steel, steel angles, channel shaped steels, and I-steel; poultry cages of metal; corrugated steel plates; beacons of metal, non-luminous; road signs of metal, not luminous nor mechanical; railway switches; keys; cotter pins; metal junction for pipes; metal flanges; anchors; mooring bitts of metal; mooring bollards of metal; anvils; swage blocks; wire nets and gauzes; wire ropes; water tanks of metal for household purposes; tool boxes of metal, sold empty; tool chests of metal, sold empty; metal stepladders and ladders; metal nameplates and door nameplate; towel dispensers of metal; hat-hanging hooks of metal; letter boxes of metal; buckles of metal; metal hardware, namely, carabiners
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 5076002 registered 09/07/2007 with a renewal date of 01/06/2018 and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-65196102179-132214416_._5802150_1.PDF
Converted PDF file(s) ( 5 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Response Signature
Signature: /William J. Utermohlen/     Date: 06/04/2018
Signatory's Name: William J. Utermohlen
Signatory's Position: U.S. Attorney for Applicant

Signatory's Phone Number: 703-836-6400

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: 87593839
Internet Transmission Date: Mon Jun 04 14:11:55 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201806041411557
37503-87593839-610307ab582aadb0af78bbe23
b948b624cfde7ebbd97a9ff0415c71bee83c60b3
-N/A-N/A-20180604141036913154