TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87605407 MAXIM(Standard Characters, see http://uspto.report/TM/87605407/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 PDF of the argument text and evidence in support thereof has been attached.
Original PDF file:
evi_208184134166-20190116164517445014_._Request_for_Reconsideration_-_MAXIM.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_208184134166-20190116164517445014_._MAXAM_-_surname_evidence.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._MAXAM_-_surname_evidence__screenshot_of_spreadsheet_.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._Accepted_Specimen_for_the_mark_MAXROCK___Design.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXCOOK.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXHOLD.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXWARE___Design.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXWARE___Design_-__2.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXIMO.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXI-COCINA.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._MAXIM_GLASSWARE_FULLY_TEMPERED_EXTRA_DURABLE___Design_-_TESS.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._MAXISCRUB_-_TESS.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXISCRUB.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_208184134166-20190116172026903023_._MAXIMUM_-_TESS.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._sults_for_marks_covering_beverage_dispensers_and_cited_goods.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_208184134166-20190116172026903023_._MAXI_NATURE_KITCHENWARE___Design_-_TESS.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_208184134166-20190116172026903023_._Evidence_of_Use_of_the_mark_MAXI_NATRUE_KITCHENWARE___Design.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cookware, namely, broilers and roasters; non-electric cookware namely, steamers, roasting pans, pots and pans, waffle irons; cooking pots, pans and dishes; cooking pot sets; non-electric cooking utensils; Dutch ovens; non-electric autoclaves for cooking, non-electric pressure cookers; non-electric slow cookers; non- electric stockpots; non-electric deep fryers; non-electric woks; frying pans; griddles, non-electric cooking utensils; grills, cooking utensils; thermally insulated containers for food; bakeware; baking baked goods tins, dishes, trays and containers; baking utensils, namely, baking dishes, baking mats, silicone cupcake and muffin baking liners, hand-operated flour sifters for household use, strainers, spatulas, whisks, cupcake molds; drinking glasses; glass tumblers; glass mugs; glass cups; glass tea cups and saucers; glass tea sets; glass bowls; glass plates; glass dishes; glass jars for household use; glass jugs; glass flasks; glass decanters; glass stemware; wine glasses; glass containers for household use; glass pots; tempered glass, not for building
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: Cookware, namely, broilers and roasters; non-electric cookware namely, steamers, roasting pans, pots and pans, waffle irons; cooking pots, pans and dishes; cooking pot sets; non-electric cooking utensils; non-electric cooking utensils, namely, grills, grill covers, griddles, basting spoons, wire baskets; Dutch ovens; non-electric autoclaves for cooking, non-electric pressure cookers; non-electric slow cookers; non- electric stockpots; non-electric deep fryers; non-electric woks; frying pans; griddles, non-electric cooking utensils; grills, cooking utensils; thermally insulated containers for food; bakeware; baking baked goods tins, dishes, trays and containers; baked good tins sold empty for domestic use, dishes, trays and containers; baking utensils, namely, baking dishes, baking mats, silicone cupcake and muffin baking liners, hand-operated flour sifters for household use, strainers, spatulas, whisks, cupcake molds; baking utensils, namely, baking dishes, baking mats, silicone cupcake and muffin baking liners, hand-operated flour sifters for household use, cooking strainers, spatulas for kitchen use, whisks, cupcake molds; drinking glasses; glass tumblers; glass mugs; glass cups; glass tea cups and saucers; glass tea sets; glass bowls; glass plates; glass dishes; glass jars for household use; glass jugs; glass flasks; glass decanters; glass stemware; wine glasses; glass containers for household use; glass pots; tempered glass, not for buildingClass 021 for Cookware, namely, broilers and roasters; non-electric cookware namely, steamers, roasting pans, pots and pans, waffle irons; cooking pots, pans and dishes; cooking pot sets; non-electric cooking utensils, namely, grills, grill covers, griddles, basting spoons, wire baskets; Dutch ovens; non-electric autoclaves for cooking, non-electric pressure cookers; non-electric slow cookers; non- electric stockpots; non-electric deep fryers; non-electric woks; frying pans; griddles, non-electric cooking utensils; grills, cooking utensils; thermally insulated containers for food; bakeware; baked good tins sold empty for domestic use, dishes, trays and containers; baking utensils, namely, baking dishes, baking mats, silicone cupcake and muffin baking liners, hand-operated flour sifters for household use, cooking strainers, spatulas for kitchen use, whisks, cupcake molds; drinking glasses; glass tumblers; glass mugs; glass cups; glass tea cups and saucers; glass tea sets; glass bowls; glass plates; glass dishes; glass jars for household use; glass jugs; glass flasks; glass decanters; glass stemware; wine glasses; glass containers for household use; glass pots; tempered glass, not for building
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Lauriel F.Dalier/     Date: 01/16/2019
Signatory's Name: Lauriel F. Dalier
Signatory's Position: Associate Attorney, Sterne, Kessler, Goldstein & Fox P.L.L.C., Maryland and Washington, DC Bars Member

Signatory's Phone Number: 202-371-2600

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87605407
Internet Transmission Date: Wed Jan 16 17:36:27 EST 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XXX-20190116173627
087546-87605407-620d39a104eca8f7a4d028db
852517e95b9f939bb6fddcf4f41370c1fafb8a9c
4-N/A-N/A-20190116172026903023