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)

---

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. 87619318 APACHE(Standard Characters, see http://uspto.report/TM/87619318/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Please see the actual argument text attached within the Evidence section. has been attached.
Original PDF file:
evi_6643100139-20180724130737885488_._APACHE_-_Office_Action_Response.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_6643100139-20180724130737885488_._APACHE_-_Exhibit_1.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Oil, gas, condensate, and natural gas liquids storage and dispensing equipment and components, namely, diverters consisting of a pump, water storage, storage and refilling tank, pre-heater, vaporizer, recuperator, condenser and valves; vehicle loading facilities
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: Oil, gas, condensate, and natural gas liquids storage and dispensing equipment and components, namely, diverters consisting of a pump, water storage, storage and refilling tank, pre-heater, vaporizer, recuperator, condenser and valves; vehicle loading facilities; vehicle loading facilities, namely, loading and unloading machines for vehiclesClass 007 for Oil, gas, condensate, and natural gas liquids storage and dispensing equipment and components, namely, diverters consisting of a pump, water storage, storage and refilling tank, pre-heater, vaporizer, recuperator, condenser and valves; vehicle loading facilities, namely, loading and unloading machines for vehicles
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 proposes to amend the following class of goods/services in the application:
Current: Class 035 for Data collection and report generation services in the oil, gas, and natural gas liquids fields for regulatory compliance purposes; operation of power generation facilities
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: Data collection and report generation services in the oil, gas, and natural gas liquids fields for regulatory compliance purposes; Business information services, namely, business data collection and preparation of business reports services in the oil, gas, and natural gas liquids fields for regulatory compliance purposes; operation of power generation facilities; business operation of power generation facilities for othersClass 035 for Business information services, namely, business data collection and preparation of business reports services in the oil, gas, and natural gas liquids fields for regulatory compliance purposes; business operation of power generation facilities for others
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 proposes to amend the following class of goods/services in the application:
Current: Class 036 for Payment of gas utility tax; Brokerage of gas, steam, electricity and related energy commodities
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: Payment of gas utility tax; Tax payment processing services, namely gas utility tax payment processing services; Brokerage of gas, steam, electricity and related energy commoditiesClass 036 for Tax payment processing services, namely gas utility tax payment processing services; Brokerage of gas, steam, electricity and related energy commodities
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 proposes to amend the following class of goods/services in the application:
Current: Class 037 for Oil, gas, and natural gas liquids drilling and pumping; installation, maintenance and repair of oil, gas, and natural gas liquids pipelines; installation, maintenance and repair of liquid and compressed natural gas fueling systems, namely, vehicle fueling stations for use by consumers; maintenance of facilities for operating fleets of compressed natural gas vehicles; vehicle refueling services; vehicle repair services; vehicle loading services; extraction of oil and gas; development, namely, planning and laying out and construction of power plants; maintenance of power generation equipment and facilities
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: Oil, gas, and natural gas liquids drilling and pumping; installation, maintenance and repair of oil, gas, and natural gas liquids pipelines; installation, maintenance and repair of liquid and compressed natural gas fueling systems, namely, vehicle fueling stations for use by consumers; maintenance of facilities for operating fleets of compressed natural gas vehicles; vehicle refueling services; vehicle repair services; vehicle loading services; vehicle loading services, namely, repair and maintenance of loading-unloading machines and apparatus for vehicles; providing facilities for vehicle loading; extraction of oil and gas; development, namely, planning and laying out and construction of power plants; maintenance of power generation equipment and facilitiesClass 037 for Oil, gas, and natural gas liquids drilling and pumping; installation, maintenance and repair of oil, gas, and natural gas liquids pipelines; installation, maintenance and repair of liquid and compressed natural gas fueling systems, namely, vehicle fueling stations for use by consumers; maintenance of facilities for operating fleets of compressed natural gas vehicles; vehicle refueling services; vehicle repair services; vehicle loading services, namely, repair and maintenance of loading-unloading machines and apparatus for vehicles; providing facilities for vehicle loading; extraction of oil and gas; development, namely, planning and laying out and construction of power plants; maintenance of power generation equipment and facilities
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 proposes to amend the following class of goods/services in the application:
Current: Class 039 for Oil, gas, condensate, natural gas, and natural gas liquids supplying and distribution; transmission of oil, gas, condensate, natural gas, and natural gas liquids through pipelines; oil, gas, condensate, natural gas, and natural gas liquids gathering services, namely, transporting oil, gas, condensate, natural gas, and natural gas liquids from well pads through interstate pipelines; oil, gas, condensate, natural gas, and natural gas liquids transportation and storage; power and energy supplying and distribution; power and energy transportation and storage; standby electricity services, namely, supplying backup power
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: Oil, gas, condensate, natural gas, and natural gas liquids supplying and distribution; transmission of oil, gas, condensate, natural gas, and natural gas liquids through pipelines; oil, gas, condensate, natural gas, and natural gas liquids gathering services, namely, transporting oil, gas, condensate, natural gas, and natural gas liquids from well pads through interstate pipelines; oil, gas, condensate, natural gas, and natural gas liquids transportation and storage; power and energy supplying and distribution; power and energy supplying and distribution in the nature of supplying and distributing oil, gas, condensate, natural gas, and natural gas liquids; power and energy transportation and storage; power and energy transportation and storage, namely, natural gas transportation and storage; standby electricity services, namely, supplying backup powerClass 039 for Oil, gas, condensate, natural gas, and natural gas liquids supplying and distribution; transmission of oil, gas, condensate, natural gas, and natural gas liquids through pipelines; oil, gas, condensate, natural gas, and natural gas liquids gathering services, namely, transporting oil, gas, condensate, natural gas, and natural gas liquids from well pads through interstate pipelines; oil, gas, condensate, natural gas, and natural gas liquids transportation and storage; power and energy supplying and distribution in the nature of supplying and distributing oil, gas, condensate, natural gas, and natural gas liquids; power and energy transportation and storage, namely, natural gas transportation and storage; standby electricity services, namely, supplying backup power
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 proposes to amend the following class of goods/services in the application:
Current: Class 040 for Oil, gas, and natural gas liquefaction services; generation of electricity, energy, and natural gas; oil and gas well treatment; oil and gas production services; oil and gas gathering; and processing of oil, gas, natural gas, and natural gas liquids; technical consulting in the field of oil and gas production and processing
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: Oil, gas, and natural gas liquefaction services; generation of electricity, energy, and natural gas; oil and gas well treatment; oil and gas production services; oil and gas gathering; gas gathering services in the nature of gas processing; and processing of oil, gas, natural gas, and natural gas liquids; processing of oil, gas, natural gas, and natural gas liquids; technical consulting in the field of oil and gas production and processingClass 040 for Oil, gas, and natural gas liquefaction services; generation of electricity, energy, and natural gas; oil and gas well treatment; oil and gas production services; gas gathering services in the nature of gas processing; processing of oil, gas, natural gas, and natural gas liquids; technical consulting in the field of oil and gas production and processing
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 proposes to amend the following class of goods/services in the application:
Current: Class 045 for Advice and consultancy on environmental regulatory matters, oil and gas
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: Advice and consultancy on environmental regulatory matters, oil and gas; Advice and consultancy on environmental regulatory mattersClass 045 for Advice and consultancy on environmental regulatory matters
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)
Response Signature
Signature: /Erin S. Hennessy/     Date: 07/24/2018
Signatory's Name: Erin S. Hennessy
Signatory's Position: Attorney of Record, WA state bar member

Signatory's Phone Number: 2062046200

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: 87619318
Internet Transmission Date: Tue Jul 24 13:24:56 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2018072413245626
3801-87619318-61028853abc6be87dcb3239f6b
f4c96329c501ade921f6936a36f3249ffcb-N/A-
N/A-20180724130737885488