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. 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 arguments in Response to Office Action and evidence in support of has been attached.
Original PDF file:
evi_208184134166-20180621144449994648_._MAXIM_-_Arguments_in_Reponse_to_Office_Action.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_208184134166-20180621144449994648_._Definition_of_Maxim.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_208184134166-20180621144449994648_._Maxam_-_Surname_evidence.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_208184134166-20180621144449994648_._Maxam_-_Surname_evidence__2.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20180621144449994648_._MAXCOOK_-_TSDR_Status.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20180621144449994648_._MAXWARE___Design_-_TSDR_Status.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_208184134166-20180621144449994648_._MAXHOLD_-_TSDR_Status.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20180621144449994648_._MAXIMO_-_TSDR_Status.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20180621144449994648_._MAXROCK___Design_-_TSDR_Status.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_208184134166-20180621144449994648_._MAXI-COCINA_-_TSDR_Status.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Cookware; non-electric cookware; 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 tins, dishes, trays and containers; baking utensils; 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; 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; Cookware, namely, broilers and roasters; non-electric cookware; 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 tins, dishes, trays and containers; baking baked goods tins, dishes, trays and containers; baking utensils; 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 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; 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; 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
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MONICA RIVA TALLEY
STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
1100 NEW YORK AVENUE, N.W.
WASHINGTON
District of Columbia
US
20005

Proposed:
Monica Riva Talley of STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C., having an address of
1100 NEW YORK AVENUE, N.W. WASHINGTON, District of Columbia 20005
United States
tm@sternekessler.com;mtalley@sternekessler.com; ldalier@sternekessler.com; amartins@sternekessler.com
202-371-2600
202-371-2540
The docket/reference number is 3910.0030000 .



SIGNATURE(S)
Response Signature
Signature: /Monica Riva Talley/     Date: 06/21/2018
Signatory's Name: Monica Riva Talley
Signatory's Position: Attorney of Record, Member of Virginia and Washington, DC bars

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.

Mailing Address:    Monica Riva Talley
   STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
   1100 NEW YORK AVENUE, N.W.
   WASHINGTON, District of Columbia 20005
        
Serial Number: 87605407
Internet Transmission Date: Thu Jun 21 16:24:21 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180621162421
958603-87605407-610dce6fc13e319b66a77c25
063256f9195287518e5d1bceda6734dd756bbde6
2-N/A-N/A-20180621144449994648