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. 87919471 LEGEND(Standard Characters, see http://uspto.report/TM/87919471/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for devices and accessories for use with liquid and gas plumbing, namely, valves, fittings, y-strainers, fittings, polymeric pipe unions, stops, air purgers, air vents, backflow preventers, screens, drains, bibbs,sillcocks, valve locks, valve stops, valve stem extensions, valve handles, polymeric pipe couplings, and anti-scald fittings; gas burner bars for commercial and residential use; fluid floats; and evaporative cooler valves, potable water systems, heating tubes, pipes, fittings, valves, hoses, adapters, anti-sweat valves, backwater valves, ball valves, boiler drains, butterfly valves, cast iron valves, check valves, couplers, dielectric couplers, dielectric nipple couplers, dielectric union couplers, evaporative cooler valves, float valves, foot valves, gas ball valves, gate valves, gauge cocks, globe valves, hose bibbs, low pressure valves, merchant couplers, meter valves, mixing valves, nipple couplers, no-hub couplers, pressure reducing valves, pressure relief valves, sillcocks, stop valves, stop and waste valves, thermoplastic valves, vacuum breakers, zone valves and back flow preventers, insulated floor panels of foam for circulating hot and cold water in and sold as an integral component of radiant heating and cooling systems
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 12/31/1988 and first used in commerce at least as early as 12/31/1988 , and is now in use in such commerce.

Proposed:
Tracked Text Description: devices and accessories for use with liquid and gas plumbing, namely, valves, fittings, y-strainers, fittings, polymeric pipe unions, stops, air purgers, air vents, backflow preventers, screens, drains, bibbs,sillcocks, valve locks, valve stops, valve stem extensions, valve handles, polymeric pipe couplings, and anti-scald fittings; Liquid and gas plumbing fittings, namely, valves, y-strainers for plumbing drains, bibbs, sillcocks, drains, valve locks, valve stops, valve stem extensions, valve handles, and anti-scald fittings; shower screens; fluid floats; air purgers for hot water heating systems; and evaporative cooler valves, potable water systems, heating tubes, pipes, fittings, valves, hoses, adapters, anti-sweat valves, backwater valves, ball valves, boiler drains, butterfly valves, cast iron valves, check valves, couplers, dielectric couplers, dielectric nipple couplers, dielectric union couplers, evaporative cooler valves, float valves, foot valves, gas ball valves, gate valves, gauge cocks, globe valves, hose bibbs, low pressure valves, merchant couplers, meter valves, mixing valves, nipple couplers, no-hub couplers, pressure reducing valves, pressure relief valves, sillcocks, stop valves, stop and waste valves, thermoplastic valves, vacuum breakers, zone valves and back flow preventers, insulated floor panels of foam for circulating hot and cold water in and sold as an integral component of radiant heating and cooling systems; direct air vents for gas appliances; gas burner bars for commercial and residential use; plumbing fittings, namely, evaporative cooler valves; fluid floats for industrial cooling towers and agricultural water troughs and containers; water purifying units for potable water for (indicate commercial, domestic, or industrial use); plumbing fittings, namely, hose adapters, anti-sweat valves, backwater valves, ball valves, boiler drains, butterfly valves, cast iron valves, check valves, couplers, dielectric couplers, dielectric nipple couplers, dielectric union couplers, evaporative cooler valves, float valves, foot valves, gas ball valves, gate valves, gauge cocks, globe valves, hose bibbs, low pressure valves, merchant couplers, meter valves, mixing valves, nipple couplers, no-hub couplers, pressure reducing valves, pressure relief valves, stop valves, stop and waste valves, thermoplastic valves, vacuum breakers, zone valves and back flow preventers; insulated floor panels of foam for circulating hot and cold water in and sold as an integral component of radiant heating and cooling systemsClass 011 for Liquid and gas plumbing fittings, namely, valves, y-strainers for plumbing drains, bibbs, sillcocks, drains, valve locks, valve stops, valve stem extensions, valve handles, and anti-scald fittings; shower screens; air purgers for hot water heating systems; direct air vents for gas appliances; gas burner bars for commercial and residential use; plumbing fittings, namely, evaporative cooler valves; fluid floats for industrial cooling towers and agricultural water troughs and containers; water purifying units for potable water for (indicate commercial, domestic, or industrial use); plumbing fittings, namely, hose adapters, anti-sweat valves, backwater valves, ball valves, boiler drains, butterfly valves, cast iron valves, check valves, couplers, dielectric couplers, dielectric nipple couplers, dielectric union couplers, evaporative cooler valves, float valves, foot valves, gas ball valves, gate valves, gauge cocks, globe valves, hose bibbs, low pressure valves, merchant couplers, meter valves, mixing valves, nipple couplers, no-hub couplers, pressure reducing valves, pressure relief valves, stop valves, stop and waste valves, thermoplastic valves, vacuum breakers, zone valves and back flow preventers; insulated floor panels of foam for circulating hot and cold water in and sold as an integral component of radiant heating and cooling systems
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 12/31/1988 and first used in commerce at least as early as 12/31/1988 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Pressure control equipment, namely, blowout preventers
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 12/31/1988 and first used in commerce at least as early as 12/31/1988 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 for Non-metal pipe couplings and joints in the nature of polymeric pipe unions; multipurpose thermoplastic heat shrinkable tubing; flexible plumbing pipes of plastic; flexible hoses
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 12/31/1988 and first used in commerce at least as early as 12/31/1988 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for Non-metal water pipes
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 12/31/1988 and first used in commerce at least as early as 12/31/1988 , and is now in use in such commerce.

ADDITIONAL STATEMENTS
Miscellaneous Statement
This responds to the Office Action dated Dec. 1, 2018. Applicant acknowledges with appreciation that no confusingly similar marks were cited under Section 2(d). Applicant has added 3 new classes to the application: 9, 17, and 19, to go with the now amended Cl 11, and Cl 35. It is respectfully submitted that the application is now in condition for publication, which is kindly requested. Thank you.


FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /JAG/      Date: 12/28/2018
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney, Member Michigan Bar
Signatory's Phone Number: 248.593.3350


Response Signature
Signature: /JAG/     Date: 12/28/2018
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney, Member Michigan Bar

Signatory's Phone Number: 248.593.3350

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.

        
RAM Sale Number: 87919471
RAM Accounting Date: 12/31/2018
        
Serial Number: 87919471
Internet Transmission Date: Fri Dec 28 14:41:44 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201812281441443
12335-87919471-62072b75055b93579ec54c42d
5b0e1caf9bd31a06b8120a9f99d4784f5f3ae380
-CC-783-20181228141919274147