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. 88088168 N2(Standard Characters, see http://uspto.report/TM/88088168/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 Electrically powered industrial vibrating machines for inducing the flow of bulk material in bulk material transfer chutes and in bulk material storage hoppers; bulk material conveyor belt cleaners attached to conveyor belts, namely, conveyor belt scrapers and liquid sprayers for flushing conveyor belts with liquid; sonic vibrating machines and pneumatic powered air cannons for inducing the flow of bulk material in bulk material transfer chutes and in bulk material storage hoppers; bulk material unloading machines for unloading bulk materials from bulk material storage and transfer hoppers and silos; mechanical seals in the nature of machine parts, namely, skirt seals for bulk material discharge chutes and bulk material conveyor belt systems; bulk material conveyor belt components, namely, idler rollers, edge support members, mounting frames, scraper tensioners, and air discharge machines for supporting a conveyor belt via a layer of air; bulk material transfer chutes for transferring bulk material via gravity, being parts of machines; dust suppression devices for bulk material transfer equipment, namely, power-operated industrial atomizers for spraying liquids for dust suppression; dust collection devices for bulk material transfer equipment, namely, vacuum cleaning pumps for dust collection for industrial purposes
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.

In International Class 007, the mark was first used at least as early as 01/31/2019 and first used in commerce at least as early as 01/31/2019 .

Proposed: Class 007 for Electrically powered industrial vibrating machines for inducing the flow of bulk material in bulk material transfer chutes and in bulk material storage hoppers; bulk material conveyor belt cleaners attached to conveyor belts, namely, conveyor belt scrapers and liquid sprayers for flushing conveyor belts with liquid; sonic vibrating machines and pneumatic powered air cannons for inducing the flow of bulk material in bulk material transfer chutes and in bulk material storage hoppers; bulk material unloading machines for unloading bulk materials from bulk material storage and transfer hoppers and silos; mechanical seals in the nature of machine parts, namely, skirt seals for bulk material discharge chutes and bulk material conveyor belt systems; bulk material conveyor belt components, namely, idler rollers, edge support members, mounting frames, scraper tensioners, and air discharge machines for supporting a conveyor belt via a layer of air; bulk material transfer chutes for transferring bulk material via gravity, being parts of machines; dust suppression devices for bulk material transfer equipment, namely, power-operated industrial atomizers for spraying liquids for dust suppression; dust collection devices for bulk material transfer equipment, namely, vacuum cleaning pumps for dust collection for industrial purposes

Deleted Filing Basis: 1(b)
In International Class 007, the mark was first used at least as early as 01/31/2019 . and first used in commerce at least as early as 01/31/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 007 . The specimen(s) submitted consists of photograph of product .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

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: /mjh/      Date: 09/17/2019
Signatory's Name: Matthew J. Himich
Signatory's Position: Attorney of record, Missouri bar member
Signatory's Phone Number: (314) 552-6000


Response Signature
Signature: /mjh/     Date: 09/17/2019
Signatory's Name: Matthew J. Himich
Signatory's Position: Attorney of record, Missouri bar member

Signatory's Phone Number: (314) 552-6000

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.

        
Serial Number: 88088168
Internet Transmission Date: Tue Sep 17 16:02:02 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190917160202718
424-88088168-61082fc8b1a21f18b5e85ec55cd
28f821cb294220a0c34976d8870fc3295b347-N/
A-N/A-20190917155102974803