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. 87599444 NEPTUNE(Standard Characters, see http://uspto.report/TM/87599444/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to refusal under Section 2(d) has been attached.
Original PDF file:
evi_64132174-20180614161013579589_._CFTI0393TRA_Response_to_Likelihood_of_Confusion_Refusal.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for SPRAY GUNS FOR PAINT; PUMPS; COMPRESSED AIR GUNS FOR THE EXTRUSION OF MASTICS; GLUE GUNS; ELECTROSTATIC COATING APPARATUS AND PARTS THEREOF AND ATTACHMENTS AND ACCESSORIES FOR USE THEREWITH, NAMELY, SPRAY COATING APPARATUS; HIGH VOLTAGE SUPPLY UNITS; ELECTRICAL CONTROLS FOR ELECTROSTATIC COATING APPARATUS; HIGH VOLTAGE ELECTRODES FOR SPRAY COATING SYSTEMS AND ELECTROSTATIC ATOMIZING APPARATUS
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: SPRAY GUNS FOR PAINT; SPRAY GUNS FOR ELECTROSTATICALLY CHARGED PAINT; PUMPS; ELECTRIC PUMPS FOR USE IN INDUSTRIAL APPLICATIONS, NAMELY APPLYING COATING MATERIALS AND ELECTROSTATICALLY CHARGED PAINTS; COMPRESSED AIR GUNS FOR THE EXTRUSION OF MASTICS; GLUE GUNS; ELECTRIC GLUE GUNS; ELECTROSTATIC COATING APPARATUS AND PARTS THEREOF AND ATTACHMENTS AND ACCESSORIES FOR USE THEREWITH, NAMELY, SPRAY COATING APPARATUS; ELECTROSTATIC COATING MACHINES AND PARTS THEREOF AND ATTACHMENTS AND ACCESSORIES FOR USE THEREWITH, NAMELY, SPRAY COATING GUNS; HIGH VOLTAGE SUPPLY UNITS; HIGH VOLTAGE GENERATORS; ELECTRICAL CONTROLS FOR ELECTROSTATIC COATING APPARATUS; HIGH VOLTAGE ELECTRODES FOR SPRAY COATING MACHINES AND ELECTROSTATIC ATOMIZING MACHINES; HIGH VOLTAGE ELECTRODES FOR SPRAY COATING SYSTEMS AND ELECTROSTATIC ATOMIZING APPARATUSClass 007 for SPRAY GUNS FOR ELECTROSTATICALLY CHARGED PAINT; ELECTRIC PUMPS FOR USE IN INDUSTRIAL APPLICATIONS, NAMELY APPLYING COATING MATERIALS AND ELECTROSTATICALLY CHARGED PAINTS; COMPRESSED AIR GUNS FOR THE EXTRUSION OF MASTICS; ELECTRIC GLUE GUNS; ELECTROSTATIC COATING MACHINES AND PARTS THEREOF AND ATTACHMENTS AND ACCESSORIES FOR USE THEREWITH, NAMELY, SPRAY COATING GUNS; HIGH VOLTAGE GENERATORS; HIGH VOLTAGE ELECTRODES FOR SPRAY COATING MACHINES AND ELECTROSTATIC ATOMIZING MACHINES
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 009 for ELECTRICAL CONTROLLER FOR ELECTROSTATIC COATING APPARATUS;
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.

FEE(S)
Fee(s) in the amount of $400 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: /Nila Ray/      Date: 06/14/2018
Signatory's Name: Nila Ray
Signatory's Position: Attorney of Record, Texas Bar Member
Signatory's Phone Number: 2819704545


Response Signature
Signature: /Nila Ray/     Date: 06/14/2018
Signatory's Name: Nila Ray
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 2819704545

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: 87599444
RAM Accounting Date: 06/15/2018
        
Serial Number: 87599444
Internet Transmission Date: Thu Jun 14 16:14:25 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201806141614250054
82-87599444-6101dba3b6fc5e480d3bc8d74996
32df3f36229ce3c4ee93a89e686992a14f14f2-C
C-3141-20180614161013579589