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. 88052084 FERREX (Stylized and/or with Design, see http://uspto.report/TM/88052084/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 Machine tools; power operated tools; cutting, drilling, abrading, sharpening and surface treatment machines and apparatus and portable air tools, namely, battery-operated screw driller; jigsaw; air basic assortment in the nature of air cut-off tool, air die grinder, air chisel with chisel bits; air cut off; air die grinder; air inflator kit comprised of air blow gun, gauge, couplers, connectors, nozzles, chucks, needles, needle adapter, thread seal tape; air inflator kit, namely, tire inflator kit comprised of tire inflator with gauge, coupler, plugs, nozzles, needles, chuck, nipples, thread seal tape, hose; air nail/staple kit comprised of air nail/staple gun, safety striker pin, depth adjustment dial, low nail/staple indicator window, LED worklight, LED battery and function indicator, nails, staples, ergonomic soft grip handle, side belt hook, hex key; battery-operated rotary percussion drill; angle grinder; angle grinder accessories, namely, sand paper, grinding plates, brushes, fiber discs with plastic holders; ash and coarse dirt vacuum; band saw; belt grinder; power planer; drill hammer; brush cutter; cutting and grinding discs; demolition breaker; drill powered pump; drill press; accessories for compressed air, namely, air orbital sander, air chisel, spot blaster, air filter, regulator and lubricator, air impact wrench, air shears, air hose reel, air nailer/stapling gun, air ratchet wrench; power-operated multipoint tool; gas appliances in the nature of gas heater, gas cartridge; gas soldering iron; hammer drill; automatic domestic water system comprised of electronic pressure pumps; high pressure cleaner, namely, high pressure washers; high pressure surface cleaner; hobby tool kit accessory in the nature of electric glue gun, electric engraver; high pressure pipe cleaner; high pressure scrubber; hole saw set comprised of hole saws, adaptors, hex allen key, plastic case; hot air gun, namely, heat gun used to emit a stream of hot air; inverter generator; inverter welding machine; compressor for increasing the pressure of a gas by reducing its volume; mobile compressor for increasing the pressure of a gas by reducing its volume; circular saw blades; mouse sander; paint compressor; impact screwdriver; cordless screwdriver; drill bits for power drills; rope hoist; sliding mitre saw; sliding mitre saw stand; solar electricity complete package comprised of photovoltaic modules, solar charge controller, voltage converter, assembly material; special drills; jigsaw blades for power jigsaws; bench drills; power producers in the nature of electricity generator; table saw; reciprocating saw skin, namely, reciprocating saw without battery; mouse sander skin, namely, mouse sander without battery; spray gun skin, namely, spray gun without battery and charger; worklight skin, namely, worklight without battery; jigsaw skin, namely, jigsaw without battery and charger; hammer drill skin, namely, hammer drill without battery and charger; impact driver skin, namely, impact driver without battery and charger; cordless hammer drill skin, namely, cordless hammer drill without battery; circular saw, multifunction tool, namely, cordless multifunction tool for sawing, grinding, cutting and scraping; impact wrench skin, namely, impact wrench without battery and charger; drill with brushless motor skin, namely, drill with brushless motor without battery and charger; air compressor skin, namely, air compressor without battery and charger; angle grinder skin, namely, angle grinder without battery and charger; power drills and bores; screwdrivers, electric; power operated saws; machine tools for sawing; soldering irons, gas-operated; gas-operated blow torches; air spray guns, namely, power-operated spray guns; spray paint machines, namely, spray paint systems comprised of pumps, pump controllers, nozzles, tubing and valves; air hose reels, being power operated hose reels; electric gardening tools and horticultural machines, namely, 4 in 1 garden tool, 5 in 1 garden tool; cordless grass and bush trimmers; cordless lawn trimmers; cordless hedge trimmers; cordless pole pruners; petrol-brushcutter; gas operated mower; gas operated blower; electric edger; electric leaf blower; electric scarifier; garden mower; garden pump; garden trimmer line; gas operated hedge trimmer; sweepers; gas operated lawn edgers; electric line trimmers; mower; electric mowers; mulcher; tractor lawn mower; cordless mini trimmer; cordless line trimmer skin, namely, cordless line trimmer without battery and charger; cordless hedge trimmer skin, namely, cordless hedge trimmer without battery and charger; cordless mower skin, namely, cordless mower without battery and charger; power operated blowers; electric garden pumps; solar power electricity generators; hoists; compressors, namely, electric compressors; air compressors; high pressure washers; electric cordless sweepers; suction machines for scavenging purposes; vacuum cleaning machines for use in households, namely, vacuum cleaners; water supply machines, namely, electric water pumps; circular saw blades being parts of machines; discs for cutting for use with power tools; grinding discs being parts of machines; drill bits for rotary power tools; cutters for milling machines; power operated sharpeners; sanding disks for use with machines; wire brushes for use in machines; generators of electricity; water pumps for pumping water out of flooded basements
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: Machine tools; cutting, drilling, abrading, sharpening and surface treatment machines and apparatus and portable air tools, namely, battery-operated screw driller; power operated tools; power operated tools, namely, air basic assortment in the nature of air cut-off tool, air die grinder, air chisel with chisel bits; power operated tools, namely, air cut off; jigsaw; power operated tools, namely, air die grinder; air basic assortment in the nature of air cut-off tool, air die grinder, air chisel with chisel bits; power operated tools, namely, air inflator kit comprised of air blow gun, gauge, couplers, connectors, nozzles, chucks, needles, needle adapter, thread seal tape; air cut off; power operated air nail/staple gun kit comprised of air nail/staple gun, safety striker pin, depth adjustment dial, low nail/staple indicator window, LED worklight, LED battery and function indicator, nails, staples, ergonomic soft grip handle, side belt hook, hex key; air die grinder; battery-operated rotary percussion drill; air inflator kit comprised of air blow gun, gauge, couplers, connectors, nozzles, chucks, needles, needle adapter, thread seal tape; angle grinder; air inflator kit, namely, tire inflator kit comprised of tire inflator with gauge, coupler, plugs, nozzles, needles, chuck, nipples, thread seal tape, hose; ash and coarse dirt vacuum; air nail/staple kit comprised of air nail/staple gun, safety striker pin, depth adjustment dial, low nail/staple indicator window, LED worklight, LED battery and function indicator, nails, staples, ergonomic soft grip handle, side belt hook, hex key; band saw; belt grinder; power planer; angle grinder accessories, namely, sand paper, grinding plates, brushes, fiber discs with plastic holders; drill hammer; brush cutter; cutting and grinding discs; demolition breaker; drill powered pump; drill press; accessories for compressed air, namely, air orbital sander, air chisel, spot blaster, air filter, regulator and lubricator, air impact wrench, air shears, air hose reel, air nailer/stapling gun, air ratchet wrench; power-operated multipoint tool; gas appliances in the nature of gas heater, gas cartridge; gas soldering iron; power operated tools, namely, hammer drill; automatic domestic water system comprised of electronic pressure pumps; high pressure cleaner, namely, high pressure washers; high pressure surface cleaner; hobby tool kit accessory in the nature of electric glue gun, electric engraver; hammer drill; high pressure pipe cleaner; high pressure scrubber; power operated hole saw set comprised of hole saws, adaptors, hex allen key, plastic case; inverter generator; inverter welding machine; compressor for increasing the pressure of a gas by reducing its volume; mobile compressor for increasing the pressure of a gas by reducing its volume; hole saw set comprised of hole saws, adaptors, hex allen key, plastic case; circular saw blades; hot air gun, namely, heat gun used to emit a stream of hot air; mouse sander; paint compressor; power operated impact screwdriver; power operated cordless screwdriver; drill bits for power drills; power operated rope hoist; sliding mitre saw; sliding mitre saw stand; impact screwdriver; power operated special drills; cordless screwdriver; jigsaw blades for power jigsaws; power operated bench drills; rope hoist; power producers in the nature of electricity generator; table saw; reciprocating saw skin, namely, reciprocating saw without battery; solar electricity complete package comprised of photovoltaic modules, solar charge controller, voltage converter, assembly material; mouse sander skin, namely, mouse sander without battery; special drills; spray gun skin, namely, spray gun without battery and charger; worklight skin, namely, worklight without battery; bench drills; jigsaw skin, namely, power operated jigsaw without battery and charger; hammer drill skin, namely, power operated hammer drill without battery and charger; impact driver skin, namely, power operated impact driver without battery and charger; cordless hammer drill skin, namely, power operated cordless hammer drill without battery; circular saw; multifunction tool, namely, power operated cordless multifunction tool for sawing, grinding, cutting and scraping; impact wrench skin, namely, power operated impact wrench without battery and charger; jigsaw skin, namely, jigsaw without battery and charger; drill with brushless motor skin, namely, power operated drill with brushless motor without battery and charger; hammer drill skin, namely, hammer drill without battery and charger; air compressor skin, namely, power operated air compressor without battery and charger; impact driver skin, namely, impact driver without battery and charger; angle grinder skin, namely, power operated angle grinder without battery and charger; cordless hammer drill skin, namely, cordless hammer drill without battery; power drills and bores; circular saw, multifunction tool, namely, cordless multifunction tool for sawing, grinding, cutting and scraping; screwdrivers, electric; impact wrench skin, namely, impact wrench without battery and charger; power operated saws; drill with brushless motor skin, namely, drill with brushless motor without battery and charger; machine tools for sawing; air compressor skin, namely, air compressor without battery and charger; soldering irons, gas-operated; angle grinder skin, namely, angle grinder without battery and charger; gas-operated blow torches; air spray guns, namely, power-operated spray guns; spray paint machines, namely, spray paint systems comprised of pumps, pump controllers, nozzles, tubing and valves; air hose reels, being power operated hose reels; electric gardening tools and horticultural machines, namely, 4 in 1 garden tool, 5 in 1 garden tool; power operated cordless grass and bush trimmers; power operated cordless lawn trimmers; power operated cordless hedge trimmers; power operated cordless pole pruners; power operated petrol brushcutter; gas operated mower; cordless grass and bush trimmers; gas operated blower; cordless lawn trimmers; electric edger; cordless hedge trimmers; electric leaf blower; cordless pole pruners; electric scarifier; petrol-brushcutter; garden mower; power operated garden pump; power operated garden trimmer line; gas operated hedge trimmer; electric sweepers; gas operated lawn edgers; electric line trimmers; garden pump; mower; garden trimmer line; electric mowers; power operated mulcher; sweepers; tractor lawn mower; power operated, cordless mini trimmer; cordless line trimmer skin, namely, power operated, cordless line trimmer without battery and charger; cordless hedge trimmer skin, namely, power operated, cordless hedge trimmer without battery and charger; cordless mower skin, namely, power operated, cordless mower without battery and charger; mulcher; power operated blowers; electric garden pumps; cordless mini trimmer; solar power electricity generators; cordless line trimmer skin, namely, cordless line trimmer without battery and charger; hoists; cordless hedge trimmer skin, namely, cordless hedge trimmer without battery and charger; compressors, namely, electric compressors; cordless mower skin, namely, cordless mower without battery and charger; air compressors; high pressure washers; electric cordless sweepers; suction machines for scavenging purposes; vacuum cleaning machines for use in households, namely, vacuum cleaners; water supply machines, namely, electric water pumps for irrigation, watering, operation of lawn sprinklers, drawing water from ponds; circular saw blades being parts of machines; discs for cutting for use with power tools; grinding discs being parts of machines; drill bits for rotary power tools; cutters for milling machines; water supply machines, namely, electric water pumps; power operated sharpeners; sanding disks for use with machines; wire brushes for use in machines; generators of electricity; water pumps for pumping water out of flooded basementsClass 007 for cutting, drilling, abrading, sharpening and surface treatment machines and apparatus and portable air tools, namely, battery-operated screw driller; power operated tools, namely, air basic assortment in the nature of air cut-off tool, air die grinder, air chisel with chisel bits; power operated tools, namely, air cut off; power operated tools, namely, air die grinder; power operated tools, namely, air inflator kit comprised of air blow gun, gauge, couplers, connectors, nozzles, chucks, needles, needle adapter, thread seal tape; power operated air nail/staple gun kit comprised of air nail/staple gun, safety striker pin, depth adjustment dial, low nail/staple indicator window, LED worklight, LED battery and function indicator, nails, staples, ergonomic soft grip handle, side belt hook, hex key; battery-operated rotary percussion drill; angle grinder; ash and coarse dirt vacuum; band saw; belt grinder; power planer; drill hammer; brush cutter; cutting and grinding discs; demolition breaker; drill powered pump; drill press; accessories for compressed air, namely, air orbital sander, air chisel, spot blaster, air filter, regulator and lubricator, air impact wrench, air shears, air hose reel, air nailer/stapling gun, air ratchet wrench; power-operated multipoint tool; gas appliances in the nature of gas heater, gas cartridge; gas soldering iron; power operated tools, namely, hammer drill; automatic domestic water system comprised of electronic pressure pumps; high pressure cleaner, namely, high pressure washers; high pressure surface cleaner; hobby tool kit accessory in the nature of electric glue gun, electric engraver; high pressure pipe cleaner; high pressure scrubber; power operated hole saw set comprised of hole saws, adaptors, hex allen key, plastic case; inverter generator; inverter welding machine; compressor for increasing the pressure of a gas by reducing its volume; mobile compressor for increasing the pressure of a gas by reducing its volume; circular saw blades; mouse sander; paint compressor; power operated impact screwdriver; power operated cordless screwdriver; drill bits for power drills; power operated rope hoist; sliding mitre saw; sliding mitre saw stand; power operated special drills; jigsaw blades for power jigsaws; power operated bench drills; power producers in the nature of electricity generator; table saw; reciprocating saw skin, namely, reciprocating saw without battery; mouse sander skin, namely, mouse sander without battery; spray gun skin, namely, spray gun without battery and charger; worklight skin, namely, worklight without battery; jigsaw skin, namely, power operated jigsaw without battery and charger; hammer drill skin, namely, power operated hammer drill without battery and charger; impact driver skin, namely, power operated impact driver without battery and charger; cordless hammer drill skin, namely, power operated cordless hammer drill without battery; circular saw; multifunction tool, namely, power operated cordless multifunction tool for sawing, grinding, cutting and scraping; impact wrench skin, namely, power operated impact wrench without battery and charger; drill with brushless motor skin, namely, power operated drill with brushless motor without battery and charger; air compressor skin, namely, power operated air compressor without battery and charger; angle grinder skin, namely, power operated angle grinder without battery and charger; power drills and bores; screwdrivers, electric; power operated saws; machine tools for sawing; soldering irons, gas-operated; gas-operated blow torches; air spray guns, namely, power-operated spray guns; spray paint machines, namely, spray paint systems comprised of pumps, pump controllers, nozzles, tubing and valves; air hose reels, being power operated hose reels; electric gardening tools and horticultural machines, namely, 4 in 1 garden tool, 5 in 1 garden tool; power operated cordless grass and bush trimmers; power operated cordless lawn trimmers; power operated cordless hedge trimmers; power operated cordless pole pruners; power operated petrol brushcutter; gas operated mower; gas operated blower; electric edger; electric leaf blower; electric scarifier; garden mower; power operated garden pump; power operated garden trimmer line; gas operated hedge trimmer; electric sweepers; gas operated lawn edgers; electric line trimmers; mower; electric mowers; power operated mulcher; tractor lawn mower; power operated, cordless mini trimmer; cordless line trimmer skin, namely, power operated, cordless line trimmer without battery and charger; cordless hedge trimmer skin, namely, power operated, cordless hedge trimmer without battery and charger; cordless mower skin, namely, power operated, cordless mower without battery and charger; power operated blowers; electric garden pumps; solar power electricity generators; hoists; compressors, namely, electric compressors; air compressors; high pressure washers; electric cordless sweepers; suction machines for scavenging purposes; vacuum cleaning machines for use in households, namely, vacuum cleaners; water supply machines, namely, electric water pumps for irrigation, watering, operation of lawn sprinklers, drawing water from ponds; circular saw blades being parts of machines; discs for cutting for use with power tools; grinding discs being parts of machines; drill bits for rotary power tools; cutters for milling machines; power operated sharpeners; sanding disks for use with machines; wire brushes for use in machines; generators of electricity; water pumps for pumping water out of flooded basements
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 008 for Drill bits for hand drills; frames for handsaws
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: Drill bits for hand drills; frames for handsaws; hand-operated jigsawsClass 008 for Drill bits for hand drills; frames for handsaws; hand-operated jigsaws
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 009 for Digital multimeter; borescopes for inspecting work; endoscopy cameras for industrial purposes; infrared thermometers not for medical use; lasers for measuring purposes; levels being level indicators and level measuring machines; distance measuring apparatus; measuring apparatus, namely, distance measurer, humidity measurer; batteries, electric; chargers, namely, battery chargers; ultrasonic wave type intruder sensors; Tyre-pressure measurers; manometers; chargers for batteries; batteries for use of power tools
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: Digital multimeter; borescopes for inspecting work; endoscopy cameras for industrial purposes; infrared thermometers not for medical use; lasers for measuring purposes; levels being level indicators and level measuring machines; distance measuring apparatus; measuring apparatus, namely, distance measurer, humidity measurer; batteries, electric; chargers, namely, battery chargers; ultrasonic wave type intruder sensors; Tyre-pressure measurers; manometers; chargers for batteries; batteries for use of power tools; solar electricity complete package comprised of photovoltaic modules, solar charge controller, voltage converter, assembly materialClass 009 for Digital multimeter; borescopes for inspecting work; endoscopy cameras for industrial purposes; infrared thermometers not for medical use; lasers for measuring purposes; levels being level indicators and level measuring machines; distance measuring apparatus; measuring apparatus, namely, distance measurer, humidity measurer; batteries, electric; chargers, namely, battery chargers; ultrasonic wave type intruder sensors; Tyre-pressure measurers; manometers; chargers for batteries; batteries for use of power tools; solar electricity complete package comprised of photovoltaic modules, solar charge controller, voltage converter, assembly material
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 011 for Appliances for water distribution, namely, water fountains for use in the garden; electric lamps; portable hand lamps; gas lamps; bunsen burners for laboratory use; gas cookers; heat generators and hydrogen generators
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: Appliances for water distribution, namely, water fountains for use in the garden; electric lamps; portable hand lamps; gas lamps; bunsen burners for laboratory use; gas cookers; heat generators and hydrogen generators; hot air gun, namely, heat gun used to emit a stream of hot airClass 011 for Appliances for water distribution, namely, water fountains for use in the garden; electric lamps; portable hand lamps; gas lamps; bunsen burners for laboratory use; gas cookers; heat generators and hydrogen generators; hot air gun, namely, heat gun used to emit a stream of hot air
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 021 for Devices for pest and vermin control, namely, ultrasonic vermin repellent; non-mechanized pet waterers in the nature of portable water dispensers for pets
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: Devices for pest and vermin control, namely, ultrasonic vermin repellent; non-mechanized pet waterers in the nature of portable water dispensers for pets; non-electric carpet sweepersClass 021 for Devices for pest and vermin control, namely, ultrasonic vermin repellent; non-mechanized pet waterers in the nature of portable water dispensers for pets; non-electric carpet sweepers
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 hereby adds the following class of goods/services to the application:
New: Class 003 for angle grinder accessories, namely, sandpaper, grinding plates, brushes, fiber discs with plastic holders
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 hereby adds the following class of goods/services to the application:
New: Class 012 for air inflator kit, namely, tire inflator kit comprised of tire inflator with gauge, coupler, plugs, nozzles, needles, chuck, nipples, thread seal tape, hose
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.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
VINCENT J. ELDERS
SMITH, LANDMEIER & ELDERS, P.C.
15 N. SECOND STREET
GENEVA
Illinois
US
60134

Proposed:
Vincent J. Elders of Smith, Landmeier & Elders, P.C., having an address of
309 Hamilton Street, Suite E Geneva, Illinois 60134
United States
trademarks@smithlandmeier.com
630-232-2880
630-232-2889
The docket/reference number is 22263.652 .



FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU 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 filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; 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: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, 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; 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 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.

Signature: /Vincent J. Elders/      Date: 07/23/2019
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorneys of record, Illinois bar member
Signatory's Phone Number: 630-232-2880


Request for Reconsideration Signature
Signature: /Vincent J. Elders/     Date: 07/23/2019
Signatory's Name: Vincent J. Elders
Signatory's Position: Attorney of Record, Illinois bar member

Signatory's Phone Number: 630-232-2880

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.

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

Mailing Address:    Vincent J. Elders
   Smith, Landmeier & Elders, P.C.
   309 Hamilton Street, Suite E
   Geneva, Illinois 60134
        
RAM Sale Number: 88052084
RAM Accounting Date: 07/23/2019
        
Serial Number: 88052084
Internet Transmission Date: Tue Jul 23 11:28:06 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.XX.XXX-201907231128067
29060-88052084-62093df686a34128917fd4b96
cbbd7bafda612e9dfc1f1f636ca46161e3b3e8c-
CC-14898-20190723112151326830