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. 87854984 MOXIE(Standard Characters, see http://uspto.report/TM/87854984/mark.png) has been amended as follows:

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

In response to the Office Action dated July 16, 2018, Applicant acknowledges the recommendations of the Examiner.  Applicant is amending the goods in Int. Class 21.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Disposable dry mop pads; disposable wet mop pads impregnated with chemicals or compounds; household cleaning tools, namely, plastic-based cleaning pads; dust pans, dust pan and broom combination; sponges, namely, cleaning sponges, dish sponges, scrubbing sponges; scouring pads; toilet brush and toilet brush holder set; scrubbing brush, gong brush, brush with handle; floor mops; whisk brooms, corn brooms, indoor floor brooms; hand held dusters; cleaning gloves; waste baskets; indoor and outdoor trash cans, recycling cans and garbage cans, trash cans with lid, kitchen trash cans with attached lid; decorative bath trash cans; wheeled trash cans; round trash cans; general purpose storage bins for household use; plastic storage containers for household or domestic use; stackable general purpose storage bins for household use; heavy duty general purpose storage bins for household use; general purpose storage bins for household use with lid; locking general purpose storage bins for household use; vented general purpose storage bins for household use
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: Disposable dry mop pads; disposable wet mop pads impregnated with chemicals or compounds; household cleaning tools, namely, plastic-based cleaning pads; dust pans, dust pan and broom combination; sponges, namely, cleaning sponges, dish sponges, scrubbing sponges; sponges, namely, cleaning sponges, dish cleaning and scouring sponges, scrubbing sponges; scouring pads; toilet brush and toilet brush holder set; scrubbing brush, gong brush, brush with handle; scrubbing brush, gong brush, brush with handle, namely, grill brushes and floor brushes; floor mops; whisk brooms, corn brooms, indoor floor brooms; hand held dusters; cleaning gloves; waste baskets; indoor and outdoor trash cans, recycling cans and garbage cans, trash cans with lid, kitchen trash cans with attached lid; decorative bath trash cans; wheeled trash cans; round trash cans; general purpose storage bins for household use; plastic storage containers for household or domestic use; stackable general purpose storage bins for household use; heavy duty general purpose storage bins for household use; general purpose storage bins for household use with lid; locking general purpose storage bins for household use; vented general purpose storage bins for household useClass 021 for Disposable dry mop pads; disposable wet mop pads impregnated with chemicals or compounds; household cleaning tools, namely, plastic-based cleaning pads; dust pans, dust pan and broom combination; sponges, namely, cleaning sponges, dish cleaning and scouring sponges, scrubbing sponges; scouring pads; toilet brush and toilet brush holder set; scrubbing brush, gong brush, brush with handle, namely, grill brushes and floor brushes; floor mops; whisk brooms, corn brooms, indoor floor brooms; hand held dusters; cleaning gloves; waste baskets; indoor and outdoor trash cans, recycling cans and garbage cans, trash cans with lid, kitchen trash cans with attached lid; decorative bath trash cans; wheeled trash cans; round trash cans
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: /swgoode/     Date: 09/19/2018
Signatory's Name: Scott W. Goode
Signatory's Position: Attorney of record: DC Bar

Signatory's Phone Number: 704 758 4927

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: 87854984
Internet Transmission Date: Wed Sep 19 16:23:39 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20180919162339663
404-87854984-610a63019e52f3968ebfdbe1f33
bc11c05c8b57abdb3a8b9b206f50ddbc9b3d64-N
/A-N/A-20180919153739703717