Response to Office Action

WARRIOR

Harbor Freight Tools USA, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88100552
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88100552/mark.png
LITERAL ELEMENT WARRIOR
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (007)(current)
INTERNATIONAL CLASS 007
DESCRIPTION
Hand held power tool accessories, namely, hole saws, circle cutters comprising drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments for power drills, power drill bit extensions, hex drill socket drivers
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/11/2015
        FIRST USE IN COMMERCE DATE At least as early as 03/11/2015
GOODS AND/OR SERVICES SECTION (007)(proposed)
INTERNATIONAL CLASS 007
TRACKED TEXT DESCRIPTION
Hand held power tool accessories, namely, hole saws, circle cutters comprising drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments for power drills, power drill bit extensions, hex drill socket drivers; Hand held power tool accessories, namely, hole saws in the nature of bits for power-operated saws, circle cutters comprising power drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments in the nature of bit extensions for power drills, power drill bit extensions, hex drill socket drivers in the nature of power drill bits; all of the foregoing for power tools
FINAL DESCRIPTION
Hand held power tool accessories, namely, hole saws in the nature of bits for power-operated saws, circle cutters comprising power drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments in the nature of bit extensions for power drills, power drill bit extensions, hex drill socket drivers in the nature of power drill bits; all of the foregoing for power tools
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/11/2015
       FIRST USE IN COMMERCE DATE At least as early as 03/11/2015
GOODS AND/OR SERVICES SECTION (008)(current)
INTERNATIONAL CLASS 008
DESCRIPTION Hand tools, namely, files
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 08/30/2013
        FIRST USE IN COMMERCE DATE At least as early as 08/30/2013
GOODS AND/OR SERVICES SECTION (008)(proposed)
INTERNATIONAL CLASS 008
DESCRIPTION Hand tools, namely, files
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 08/30/2013
       FIRST USE IN COMMERCE DATE At least as early as 08/30/2013
       STATEMENT TYPE "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 FILE NAME(S)
       ORIGINAL PDF FILE SPU1-104225244194-20190508141501356811_._Specimen.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\881\005\88100552\xml4\ROA0002.JPG
       SPECIMEN DESCRIPTION Scanned images
CORRESPONDENCE SECTION
ORIGINAL ADDRESS MARK J. ROSENBERG
TARTER KRINSKY & DROGIN LLP
1350 BROADWAY
NEW YORK
New York
US
10018
NEW CORRESPONDENCE SECTION
NAME Mark J. Rosenberg
FIRM NAME TARTER KRINSKY & DROGIN LLP
DOCKET/REFERENCE NUMBER 4621-359
STREET 1350 BROADWAY
CITY NEW YORK
STATE New York
ZIP/POSTAL CODE 10018
COUNTRY United States
PHONE 212-216-8000
FAX 212 216-8001
EMAIL tmdocket@tarterkrinsky.com;mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Rachel J. Lin/
SIGNATORY'S NAME Rachel J. Lin
SIGNATORY'S POSITION Attorney for Applicant, NY State Bar Member
SIGNATORY'S PHONE NUMBER 212-216-1152
DATE SIGNED 05/08/2019
RESPONSE SIGNATURE /Rachel J. Lin/
SIGNATORY'S NAME Rachel J. Lin
SIGNATORY'S POSITION Attorney for Applicant, New York Bar member
SIGNATORY'S PHONE NUMBER 212-216-1152
DATE SIGNED 05/08/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed May 08 14:51:16 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20190508145116168546-881
00552-62031fbcedbb91d4217
2aabdf9dc1bf288b5ba1795b1
11d9f55d90368debaac12-N/A
-N/A-20190508144945572796



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. 88100552 WARRIOR(Standard Characters, see http://uspto.report/TM/88100552/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 Hand held power tool accessories, namely, hole saws, circle cutters comprising drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments for power drills, power drill bit extensions, hex drill socket drivers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/11/2015 and first used in commerce at least as early as 03/11/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Hand held power tool accessories, namely, hole saws, circle cutters comprising drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments for power drills, power drill bit extensions, hex drill socket drivers; Hand held power tool accessories, namely, hole saws in the nature of bits for power-operated saws, circle cutters comprising power drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments in the nature of bit extensions for power drills, power drill bit extensions, hex drill socket drivers in the nature of power drill bits; all of the foregoing for power toolsClass 007 for Hand held power tool accessories, namely, hole saws in the nature of bits for power-operated saws, circle cutters comprising power drill bits and cutting blades, power saw mandrels with drive pins, drill bits, drill chucks, angle attachments in the nature of bit extensions for power drills, power drill bit extensions, hex drill socket drivers in the nature of power drill bits; all of the foregoing for power tools
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/11/2015 and first used in commerce at least as early as 03/11/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Hand tools, namely, files
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/30/2013 and first used in commerce at least as early as 08/30/2013 , and is now in use in such commerce.

Proposed: Class 008 for Hand tools, namely, files
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 08/30/2013 and first used in commerce at least as early as 08/30/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 008 . The specimen(s) submitted consists of Scanned images .
"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].
Original PDF file:
SPU1-104225244194-20190508141501356811_._Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MARK J. ROSENBERG
TARTER KRINSKY & DROGIN LLP
1350 BROADWAY
NEW YORK
New York
US
10018

Proposed:
Mark J. Rosenberg of TARTER KRINSKY & DROGIN LLP, having an address of
1350 BROADWAY NEW YORK, New York 10018
United States
tmdocket@tarterkrinsky.com;mrosenberg@tarterkrinsky.com; rlin@tarterkrinsky.com
212-216-8000
212 216-8001
The docket/reference number is 4621-359 .



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: /Rachel J. Lin/      Date: 05/08/2019
Signatory's Name: Rachel J. Lin
Signatory's Position: Attorney for Applicant, NY State Bar Member
Signatory's Phone Number: 212-216-1152


Response Signature
Signature: /Rachel J. Lin/     Date: 05/08/2019
Signatory's Name: Rachel J. Lin
Signatory's Position: Attorney for Applicant, New York Bar member

Signatory's Phone Number: 212-216-1152

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.

Mailing Address:    Mark J. Rosenberg
   TARTER KRINSKY & DROGIN LLP
   1350 BROADWAY
   NEW YORK, New York 10018
        
Serial Number: 88100552
Internet Transmission Date: Wed May 08 14:51:16 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190508145116
168546-88100552-62031fbcedbb91d42172aabd
f9dc1bf288b5ba1795b111d9f55d90368debaac1
2-N/A-N/A-20190508144945572796


Response to Office Action [image/jpeg]


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