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. 88029170  (Stylized and/or with Design, see http://uspto.report/TM/88029170/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 009 for General Purpose Outlets for power and/or data and/or telephony and/or audiovisual applications including power rails, floor boxes, electrical floor outlets, and retractable supply posts; Cable ducts including skirting ducts and vertical ducts; Electric cable organisers including umbilicals, cable baskets, desk grommets, cable clips, cable dumps and cable covers; Wiring harnesses including re-configurable and/or modular harnesses; Charging stations including wireless re-chargers; Snap engageable contactors and interconnectors; Electrical control equipment including energy controllers; Electric cable installation tools; Trunking including flush floor trunking and screed trunking; Support arms for monitors and screens; Support brackets for television screens and monitors; Support holders for computer equipment including CPUs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Australia application number 1924083 filed 05/03/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: General Purpose Outlets for power and/or data and/or telephony and/or audiovisual applications including power rails, floor boxes, electrical floor outlets, and retractable supply posts; General Purpose Electrical Outlets for power and/ or data and/ or telephony and/or audiovisual- applications including power rails, floor boxes, floor sockets, and retractable supply posts; Cable ducts including skirting ducts and vertical ducts; Cable ducts for electric cables including skirting ducts and vertical ducts; Electric cable organisers including umbilicals, cable baskets, desk grommets, cable clips, cable dumps and cable covers; Electric cable organisers in this class including umbilicals, cable baskets, desk grommets, cable clips, cable dumps and cable covers; Wiring harnesses including re-configurable and/or modular harnesses; Charging stations including wireless re-chargers; Charging stations, namely, multi-device charging docks, including wireless charging stations; Snap engageable contactors and interconnectors; Electrical components in the nature of snap engageable electric connectorsand electric interconnectors; Electrical control equipment including energy controllers; Electric cable installation tools; Electric cable installation tools in this class; Trunking including flush floor trunking and screed trunking; Trunking, namely electric cable distribution trunking, including flush floor trunking and screed trunking; Support arms for monitors and screens; Desk mounted support arms for computer monitors and computer screens; Support brackets for television screens and monitors; Desk mounted support brackets for television screens and television monitors; Support holders for computer equipment including CPUs; Desk mounted support holders for computer equipment including CPUsClass 009 for General Purpose Electrical Outlets for power and/ or data and/ or telephony and/or audiovisual- applications including power rails, floor boxes, floor sockets, and retractable supply posts; Cable ducts for electric cables including skirting ducts and vertical ducts; Electric cable organisers in this class including umbilicals, cable baskets, desk grommets, cable clips, cable dumps and cable covers; Wiring harnesses including re-configurable and/or modular harnesses; Charging stations, namely, multi-device charging docks, including wireless charging stations; Electrical components in the nature of snap engageable electric connectorsand electric interconnectors; Electrical control equipment including energy controllers; Electric cable installation tools in this class; Trunking, namely electric cable distribution trunking, including flush floor trunking and screed trunking; Desk mounted support arms for computer monitors and computer screens; Desk mounted support brackets for television screens and television monitors; Desk mounted support holders for computer equipment including CPUs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Australia application number 1924083 filed 05/03/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The foreign registration certificate has yet to issue. Applicant still maintains that possible 44(e) basis.


SIGNATURE(S)
Response Signature
Signature: /daniel mullarkey/     Date: 02/01/2019
Signatory's Name: Daniel P. Mullarkey
Signatory's Position: Attorney of Record, member of Virginia bar

Signatory's Phone Number: 2026268305

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: 88029170
Internet Transmission Date: Fri Feb 01 14:05:21 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201902011405216
92897-88029170-62069cdb9ff58b9c9b132c598
4ec68481ebeb8da9fe3cf439212fe1481865acd4
a-N/A-N/A-20190201140344865957