Post Publication Amendment

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 1771 (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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88086421 MKE(Standard Characters, see http://uspto.report/TM/88086421/mark.png) has been amended as follows:

EXPLANATION OF FILING

Dear Examining Attorney Parks:

After filing an amendment to the identification of goods April 18, 2019, Applicant noticed that it had inadvertently omitted two items from the listing.  The omitted items ("heating elements, heated electric shelves") are supported by the originally filed identification of goods and thus no new matter is being added.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Cooking appliances for use with gas power or electricity, namely, deep fryers, drain boards for plumbing, stoves, plate-warmers, heated drawers, grills, electric vegetable and pizza ovens, food steamers and their replacement parts; accessories for these appliances, namely, electric and charcoal grills, namely, sandwich grills; refrigeration appliances, namely, refrigerated and heated salad and pizza tables and prep tables, refrigerators, counters and countertops for refrigerating and heating food, refrigerated draft beer dispensers, refrigerated cabinets, pizza tables, and freezers; kitchen equipment, namely, utility counters for refrigerating, heating and chilling food, ventilation hoods, hot food tables for heating food, cold food tables for chilling food, cafeteria counters for refrigerating, heating and chilling food, kitchen equipment, namely, tabletops specially designed for hot food tables, sinks, sinks with boiler fixture, and washing tables being sanitary installations; accessories for this kitchen equipment, namely, heated electric shelves, supports specially designed for the installation of heated electric counters, electric convection cookers
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: Cooking appliances for use with gas power or electricity, namely, deep fryers, drain boards for plumbing, stoves, plate-warmers, heated drawers, grills, electric vegetable and pizza ovens, food steamers and their replacement parts; accessories for these appliances, namely, electric and charcoal grills, namely, sandwich grills; accessories for these appliances, namely, heating elements, heated electric shelves, electric and charcoal grills, namely, sandwich grills; refrigeration appliances, namely, refrigerated and heated salad and pizza tables and prep tables, refrigerators, counters and countertops for refrigerating and heating food, refrigerated draft beer dispensers, refrigerated cabinets, pizza tables, and freezers; kitchen equipment, namely, utility counters for refrigerating, heating and chilling food, ventilation hoods, hot food tables for heating food, cold food tables for chilling food, cafeteria counters for refrigerating, heating and chilling food, kitchen equipment, namely, tabletops specially designed for hot food tables, sinks, sinks with boiler fixture, and washing tables being sanitary installations; accessories for this kitchen equipment, namely, heated electric shelves, supports specially designed for the installation of heated electric counters, electric convection cookersClass 011 for Cooking appliances for use with gas power or electricity, namely, deep fryers, drain boards for plumbing, stoves, plate-warmers, heated drawers, grills, electric vegetable and pizza ovens, food steamers and their replacement parts; accessories for these appliances, namely, heating elements, heated electric shelves, electric and charcoal grills, namely, sandwich grills; refrigeration appliances, namely, refrigerated and heated salad and pizza tables and prep tables, refrigerators, counters and countertops for refrigerating and heating food, refrigerated draft beer dispensers, refrigerated cabinets, pizza tables, and freezers; kitchen equipment, namely, utility counters for refrigerating, heating and chilling food, ventilation hoods, hot food tables for heating food, cold food tables for chilling food, cafeteria counters for refrigerating, heating and chilling food, kitchen equipment, namely, tabletops specially designed for hot food tables, sinks, sinks with boiler fixture, and washing tables being sanitary installations; accessories for this kitchen equipment, namely, heated electric shelves, supports specially designed for the installation of heated electric counters, electric convection cookers
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.

SIGNATURE(S)

Signature: /Thomas A. Miller/     Date: 05/08/2019
Signatory's Name: Thomas A. Miller
Signatory's Position: Partner

Signatory's Phone Number: 3129779903

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 applicant'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 applicant 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: 88086421
Internet Transmission Date: Wed May 08 14:08:35 EDT 2019
TEAS Stamp: USPTO/PPA-XX.XX.XXX.XXX-2019050814083500
1598-88086421-620845cba26a5f98c605846505
6df3bfb2dd25c1a41d97c62b92c2dbb16958457-
N/A-N/A-20190508135702015975