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. 87672814 ANCO (Stylized and/or with Design, see http://uspto.report/TM/87672814/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has requested that the goods description in Class 7 be amended in order to more clearly identify the goods and obviate the indefinite grounds for refusal.  The Examining Attorney has suggested amended descriptions that cover both Classes 7 and 21.  Applicant respectfully disagrees with the proposed amendments offered as they are not consistent with Applicant’s goods or business.  In response, Applicant offers the amended description below:

electric industrial meat presses for compressing meat in preparation for processing and slicing; electric industrial bacon presses for compressing meat in preparation for processing and slicing; packing house equipment, namely, electronic machines for packing the goods of others

 

Accordingly, as Applicant has fully addressed the issue as set forth in the initial Office Action, Applicant requests that the present ANCO and Design application be amended, and is now in proper condition for approval and publication, and acceptance is respectfully urged.  Should the Examining Attorney have any further questions concerning the amended goods description, please contact the undersigned.   

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Meat presses; Bacon presses; Packing house equipment
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: Meat presses; electric industrial meat presses for compressing meat in preparation for processing and slicing; Bacon presses; electric industrial bacon presses for compressing meat in preparation for processing and slicing; Packing house equipment; packing house equipment, namely, electronic machines for packing the goods of othersClass 007 for electric industrial meat presses for compressing meat in preparation for processing and slicing; electric industrial bacon presses for compressing meat in preparation for processing and slicing; packing house equipment, namely, electronic machines for packing the goods of 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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
LINDETTE C. HASSAN
FOX ROTHSCHILD LLP
997 LENOX DRIVE, BUILDING 3
LAWRENCEVILLE
New Jersey
US
08648-2311

Proposed:
LINDETTE C. HASSAN of FOX ROTHSCHILD LLP, having an address of
997 LENOX DRIVE, BUILDING 3 LAWRENCEVILLE, New Jersey 08648-2311
United States
ipdocket@foxrothschild.com;colszyk@foxrothschild.com
The docket/reference number is 135293.00005 .



SIGNATURE(S)
Response Signature
Signature: /CDO/     Date: 08/03/2018
Signatory's Name: Christopher D. Olszyk, Jr.
Signatory's Position: Associate Attorney of Record, Fox Rothschild LLP, PA Bar Member

Signatory's Phone Number: 215.299.2081

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:    LINDETTE C. HASSAN
   FOX ROTHSCHILD LLP
   997 LENOX DRIVE, BUILDING 3
   LAWRENCEVILLE, New Jersey 08648-2311
        
Serial Number: 87672814
Internet Transmission Date: Fri Aug 03 16:23:00 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201808031623001
09867-87672814-610a63fe24c5a75324ac1cd16
45cf8cbd194e1f3cfa5c73ba7154bcf37ec07963
-N/A-N/A-20180803161735286182