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. 88053477 TRUETEMP NATURALS(Standard Characters, see http://uspto.report/TM/88053477/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 011 for temperature-controlled shipping containers, temperature-controlled pallet blankets, temperature-controlled pallets, using mostly natural components
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: temperature-controlled shipping containers, temperature-controlled pallet blankets, temperature-controlled pallets, using mostly natural components; temperature-controlled portable insulated shipping containers, temperature-controlled pallet blankets, namely, thermal insulating pallet blankets, temperature-controlled shipping containers mounted on pallets, all using mostly natural componentsClass 011 for temperature-controlled portable insulated shipping containers, temperature-controlled pallet blankets, namely, thermal insulating pallet blankets, temperature-controlled shipping containers mounted on pallets, all using mostly natural components
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use NATURALS apart from the mark as shown.


Miscellaneous Statement
To better explain to the Examining Attorney the nature of Applicant's pallet shipper, Applicant is providing a photo for the Examining Attorney's review. Applicant is also providing the first page from a Google search indicating that the term "pallet shipper" is the common name for this good in the trade.

Original PDF file:
mis-69147177132-20190129152035822467_._Google_Search_TRUETEMP.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
Original PDF file:
mis-69147177132-20190212100146612591_._Pallet_Shipper_Drawing.pdf
Converted PDF file(s) ( 1 page)
Miscellaneous File1

SIGNATURE(S)
Response Signature
Signature: /jeo/     Date: 02/12/2019
Signatory's Name: John E. Ottaviani
Signatory's Position: Attorney of record, RI and MA bar member

Signatory's Phone Number: 401-861-8253

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: 88053477
Internet Transmission Date: Tue Feb 12 14:01:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201902121401136
96437-88053477-6203073d3985a6fa14f99442c
fc8fbb84b8ad34d56b04534eb2f67c4ace0bc70d
6-N/A-N/A-20190212135934020114