TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88017034 RELY(Standard Characters, see http://uspto.report/TM/88017034/mark.png) has been amended as follows:

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

Applicant respectfully submits that Applicant's Mark is not likely to cause confusion with the Cited Mark due to the differences between the marks, the differing commercial impressions, and the differences between the goods that Applicant and Registrant offer. Applicant further submits its goods, as amended with this Office Action Response, do not conflict with the goods covered by the Cited Marks. Applicant's resins are used in the manufacture of rigid structures. Registrant's goods, by contrast, are foams, which are inherently soft and are not used as a component of rigid structures.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 001 for Unprocessed polypropylene resins; unprocessed polyethylene resins
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: Unprocessed polypropylene resins; Unprocessed polypropylene resins for use in the manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; unprocessed polyethylene resins; unprocessed polyethylene resins for use in the manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittingsClass 001 for Unprocessed polypropylene resins for use in the manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; unprocessed polyethylene resins for use in the manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings
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 017 for Polypropylene resins in pellet form for use in further manufacture; polyethylene resins in pellet form for use in further manufacture; Polypropylene resins for use in further manufacture; polyethylene resins for use in further manufacture
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: Polypropylene resins in pellet form for use in further manufacture; Polypropylene resins in pellet form for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; polyethylene resins in pellet form for use in further manufacture; polyethylene resins in pellet form for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; Polypropylene resins for use in further manufacture; Polypropylene resins for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; polyethylene resins for use in further manufacture; polyethylene resins for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittingsClass 017 for Polypropylene resins in pellet form for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; polyethylene resins in pellet form for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; Polypropylene resins for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings; polyethylene resins for use in further manufacture of rigid structures, such as pipes, reservoirs, ducts, crates, storage boxes and fittings
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.

The applicant's current attorney information: Christopher Mark Weimer. Christopher Mark Weimer of Norton Rose Fulbright US LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      98 San Jacinto Boulevard, Suite 1100
      Austin, Texas 78701-4255
      US

The phone number is 512-536-4553.

The fax number is 1 512.536.4598.

The email address is aoipdocket@nortonrosefulbright.com

The applicants proposed attorney information: Christopher Mark Weimer. Other appointed attorneys are Stephanie Schmidt and the other attornes of Norton Rose Fulbright US LLP. Christopher Mark Weimer of Norton Rose Fulbright US LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      98 San Jacinto Boulevard, Suite 1100
      Austin, Texas 78701-4255
      United States

The phone number is 512-536-4553.

The fax number is 1 512.536.4598.

The email address is aoipdocket@nortonrosefulbright.com

Christopher Mark Weimer submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Christopher Mark Weimer. Christopher Mark Weimer of Norton Rose Fulbright US LLP, is located at

      98 San Jacinto Boulevard, Suite 1100
      Austin, Texas 78701-4255
      US

The phone number is 512-536-4553.

The fax number is 1 512.536.4598.

The email address is aoipdocket@nortonrosefulbright.com; alicia.groos@nortonrosefulbright.com; andrea.shannon@nortonrosefulbright.com; chris.weimer@nortonrosefulbright.com; stephanie.schmidt@nortonrosefulbright.com

The applicants proposed correspondence information: Christopher Mark Weimer. Christopher Mark Weimer of Norton Rose Fulbright US LLP, is located at

      98 San Jacinto Boulevard, Suite 1100
      Austin, Texas 78701-4255
      United States

The phone number is 512-536-4553.

The fax number is 1 512.536.4598.

The email address is aoipdocket@nortonrosefulbright.com; alicia.groos@nortonrosefulbright.com; andrea.shannon@nortonrosefulbright.com; chris.weimer@nortonrosefulbright.com; stephanie.schmidt@nortonrosefulbright.com

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Christopher Weimer/     Date: 11/14/2019
Signatory's Name: Christopher Weimer
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 512-474-5201

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Christopher Mark Weimer
   Norton Rose Fulbright US LLP
   
   98 San Jacinto Boulevard, Suite 1100
   Austin, Texas 78701-4255
Mailing Address:    Christopher Mark Weimer
   Norton Rose Fulbright US LLP
   98 San Jacinto Boulevard, Suite 1100
   Austin, Texas 78701-4255
        
Serial Number: 88017034
Internet Transmission Date: Thu Nov 14 09:50:27 EST 2019
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2019111409502792
4499-88017034-700f43475def1915917caceded
9a9ea58bb3b628435f6f59cd75cbd6cfc19df2b-
N/A-N/A-20191114085021658387