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. 88040758 CONVEY-ALL(Standard Characters, see http://uspto.report/TM/88040758/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Written response to the Office Action. has been attached.
Original PDF file:
evi_174131242163-20190509160438751095_._CONVEY-ALL_-_OA_Response.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Conveyors; pneumatic tube conveyors; Grain and seed bin weighing systems, comprised of scales, supply bins, feeders, automatic bin refillers, work platforms, bag-handling equipment, dust collection and material conveyors; Conveyors specialized for unloading and processing materials from rail cars; Bulk sand and material handling equipment, namely, portable and stationary screening plants, conveyors, transfer conveyors, troughing conveyors, telescopic conveyors, portable and stationary screening plants, rock crushers, portable sand processing plants and trommel screeners
Original Filing Basis:
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[ Canada application number 1906270 filed 06/26/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Conveyors; Conveyors being machines; pneumatic tube conveyors; Grain and seed bin weighing systems, comprised of scales, supply bins, feeders, automatic bin refillers, work platforms, bag-handling equipment, dust collection and material conveyors; Grain and seed bin weighing systems comprised of mechanized livestock feeders, elevating work platforms, dust collection and material conveyors being machines, bag-handling machines, automatic bin refillers in the nature of earth augers, scales, and metal supply bins; Conveyors specialized for unloading and processing materials from rail cars; Conveyors being machines specialized for unloading and processing materials from rail cars; Bulk sand and material handling equipment, namely, portable and stationary screening plants, conveyors, transfer conveyors, troughing conveyors, telescopic conveyors, portable and stationary screening plants, rock crushers, portable sand processing plants and trommel screeners; Bulk sand and material handling equipment, namely, portable and stationary sand and gravel screening machines, conveyors being machines, transfer conveyors being machines, troughing conveyors being machines, telescopic conveyors being machines; machines, namely, rock crushers, portable sand processing machines and trommel screeners; lifting work platforms; Bulk sand and material handling equipment, namely, conveyors being machines used for the cleaning, transport, delivery and storage of sand and frac sandClass 007 for Conveyors being machines; pneumatic tube conveyors; Grain and seed bin weighing systems comprised of mechanized livestock feeders, elevating work platforms, dust collection and material conveyors being machines, bag-handling machines, automatic bin refillers in the nature of earth augers, scales, and metal supply bins; Conveyors being machines specialized for unloading and processing materials from rail cars; Bulk sand and material handling equipment, namely, portable and stationary sand and gravel screening machines, conveyors being machines, transfer conveyors being machines, troughing conveyors being machines, telescopic conveyors being machines; machines, namely, rock crushers, portable sand processing machines and trommel screeners; lifting work platforms; Bulk sand and material handling equipment, namely, conveyors being machines used for the cleaning, transport, delivery and storage of sand and frac sand
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 [ Canada application number 1906270 filed 06/26/2018]. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Bulk and commercial seed tender equipment, namely, mounted equipment trailers used in the agricultural field for the transport of bulk seed, fertilizer, grains and pulses, and for a combination of seed storage and delivery system comprised of unloading conveyors, undercarriage and seed hopper bins; Agricultural machinery, namely, wheeled trailers containing hopper bins and conveyors used for weighing, transporting and distribution of bulk seed, fertilizer, and harvested grains and pulses; Bulk sand and material handling equipment, namely, mounted and portable equipment trailers and conveyors used for the cleaning, transport, delivery and storage of sand and frac sand; Multipurpose trailers and lifting platforms
Original Filing Basis:
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[ Canada application number 1906270 filed 06/26/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Bulk and commercial seed tender equipment, namely, mounted equipment trailers used in the agricultural field for the transport of bulk seed, fertilizer, grains and pulses, and for a combination of seed storage and delivery system comprised of unloading conveyors, undercarriage and seed hopper bins; Agricultural machinery, namely, wheeled trailers containing hopper bins and conveyors used for weighing, transporting and distribution of bulk seed, fertilizer, and harvested grains and pulses; Bulk sand and material handling equipment, namely, mounted and portable equipment trailers and conveyors used for the cleaning, transport, delivery and storage of sand and frac sand; Bulk sand and material handling equipment, namely, vehicles comprised of mounted and portable equipment trailers and conveyors used for the cleaning, transport, delivery and storage of sand and frac sand; Multipurpose trailers and lifting platforms; Multipurpose trailersClass 012 for Bulk and commercial seed tender equipment, namely, mounted equipment trailers used in the agricultural field for the transport of bulk seed, fertilizer, grains and pulses, and for a combination of seed storage and delivery system comprised of unloading conveyors, undercarriage and seed hopper bins; Agricultural machinery, namely, wheeled trailers containing hopper bins and conveyors used for weighing, transporting and distribution of bulk seed, fertilizer, and harvested grains and pulses; Bulk sand and material handling equipment, namely, vehicles comprised of mounted and portable equipment trailers and conveyors used for the cleaning, transport, delivery and storage of sand and frac sand; Multipurpose trailers
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 [ Canada application number 1906270 filed 06/26/2018]. 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.

SIGNATURE(S)
Response Signature
Signature: /rlc/     Date: 05/09/2019
Signatory's Name: Roberta L. Christensen
Signatory's Position: Attorney of Record, Nebraska bar member

Signatory's Phone Number: 402-390-9500

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: 88040758
Internet Transmission Date: Thu May 09 16:09:57 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190509160957
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N/A-N/A-20190509160438751095