Response to Office Action

VULCAN

Harbor Freight Tools USA, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88012258
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK http://uspto.report/TM/88012258/mark.png
LITERAL ELEMENT VULCAN
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (006)(no change)
GOODS AND/OR SERVICES SECTION (007)(current)
INTERNATIONAL CLASS 007
DESCRIPTION
Welders; welding electrodes; welding torches; nozzles and tips for welding torches; welding guns; welding gun liners
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/03/2017
        FIRST USE IN COMMERCE DATE At least as early as 08/03/2017
GOODS AND/OR SERVICES SECTION (007)(proposed)
INTERNATIONAL CLASS 007
TRACKED TEXT DESCRIPTION
Welders; Arc welding machines; welding electrodes; welding torches; nozzles and tips for welding torches; welding guns; electric and gas welding guns; welding gun liners
FINAL DESCRIPTION
Arc welding machines; welding electrodes; welding torches; nozzles and tips for welding torches; electric and gas welding guns; welding gun liners
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/03/2017
       FIRST USE IN COMMERCE DATE At least as early as 08/03/2017
GOODS AND/OR SERVICES SECTION (020)(no change)
CORRESPONDENCE SECTION
ORIGINAL ADDRESS MARK J. ROSENBERG
TARTER KRINSKY & DROGIN LLP
1350 BROADWAY
NEW YORK
New York
US
10018
NEW CORRESPONDENCE SECTION
NAME Mark J. Rosenberg
FIRM NAME TARTER KRINSKY & DROGIN LLP
DOCKET/REFERENCE NUMBER 4621-269
STREET 1350 BROADWAY
CITY NEW YORK
STATE New York
ZIP/POSTAL CODE 10018
COUNTRY United States
PHONE 212-216-8000
FAX 212 216-8001
EMAIL tmdocket@tarterkrinsky.com;mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Rachel J. Lin/
SIGNATORY'S NAME Rachel J. Lin
SIGNATORY'S POSITION Attorney for Applicant, New York Bar member
SIGNATORY'S PHONE NUMBER 212-216-1152
DATE SIGNED 12/05/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 05 17:30:08 EST 2018
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20181205173008330111-880
12258-6107a5577d9644cbbb1
8ee86c3e6b29d8d63772991ca
115be49c778326510d5ba1-N/
A-N/A-2018120516460559675
5



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. 88012258 VULCAN(Standard Characters, see http://uspto.report/TM/88012258/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 007 for Welders; welding electrodes; welding torches; nozzles and tips for welding torches; welding guns; welding gun liners
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/03/2017 and first used in commerce at least as early as 08/03/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Welders; Arc welding machines; welding electrodes; welding torches; nozzles and tips for welding torches; welding guns; electric and gas welding guns; welding gun linersClass 007 for Arc welding machines; welding electrodes; welding torches; nozzles and tips for welding torches; electric and gas welding guns; welding gun liners
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/03/2017 and first used in commerce at least as early as 08/03/2017 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARK J. ROSENBERG
TARTER KRINSKY & DROGIN LLP
1350 BROADWAY
NEW YORK
New York
US
10018

Proposed:
Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, having an address of
1350 BROADWAY NEW YORK, New York 10018
United States
tmdocket@tarterkrinsky.com;mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com
212-216-8000
212 216-8001
The docket/reference number is 4621-269 .



SIGNATURE(S)
Response Signature
Signature: /Rachel J. Lin/     Date: 12/05/2018
Signatory's Name: Rachel J. Lin
Signatory's Position: Attorney for Applicant, New York Bar member

Signatory's Phone Number: 212-216-1152

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:    Mark J. Rosenberg
   TARTER KRINSKY & DROGIN LLP
   1350 BROADWAY
   NEW YORK, New York 10018
        
Serial Number: 88012258
Internet Transmission Date: Wed Dec 05 17:30:08 EST 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20181205173008
330111-88012258-6107a5577d9644cbbb18ee86
c3e6b29d8d63772991ca115be49c778326510d5b
a1-N/A-N/A-20181205164605596755



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