TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/30/2020)

Response to Suspension Inquiry or Letter of Suspension

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:

OTHER REASON
Meridian Manufacturing, Inc. respectfully requests removal of the 44(d) filing basis for each class and that this application be removed from suspension.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1906270 filed 06/26/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 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
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

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, 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
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Canada application number 1906270 filed 06/26/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed: 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, 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
Deleted Filing Basis: 44(d)
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Correspondence Information (current):
      Roberta L. Christensen
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@koleyjessen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      Roberta L. Christensen
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@koleyjessen.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 04931-5037.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AAU 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 application or AAU filing date; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services/collective membership organization in the application or AAU; 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 use of the mark in commerce as of the application or AAU 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. 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: for a trademark or service mark application, the applicant believes 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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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 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: /rlc/    Date: 10/23/2020
Signatory's Name: Roberta L. Christensen
Signatory's Position: Attorney of Record, Nebraska bar member
Signatory's Phone Number: 402-390-9500

Response Suspension Inquiry Signature
Signature: /rlc/     Date: 10/23/2020
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 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.

Mailing Address:    Roberta L. Christensen
   KOLEY JESSEN P.C., L.L.O.
   ONE PACIFIC PLACE, SUITE 800
   1125 S 103RD STREET
   OMAHA, Nebraska
Mailing Address:    Roberta L. Christensen
   KOLEY JESSEN P.C., L.L.O.
   ONE PACIFIC PLACE, SUITE 800
   1125 S 103RD STREET
   OMAHA, Nebraska 68124
        
Serial Number: 88040758
Internet Transmission Date: Fri Oct 23 16:56:08 ET 2020
TEAS Stamp: USPTO/RSI-XXX.XXX.XXX.XXX-20201023165608
608016-88040758-7505259b8b328a25289501a1
ca09f10ec27faf73b390c490942e881c1b81654a
-N/A-N/A-20201023163827766090