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. 88121629 STEELHEAD(Standard Characters, see http://uspto.report/TM/88121629/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 Auto tools, namely, automotive and motorcycle jacks, namely, hydraulic jacks; compressors, namely, air compressors; pneumatic air tools, namely, pneumatic hammers, drills, wrenches; power tools, namely, spray guns, angle grinders, high speed air cutters, air grease guns; drill bits, namely, drill bits for power drills; generators, namely, AC generators; air tanks, namely, compressed air machines; AC and DC power tools, namely, drills, impact wrench, rotary hammer, jig saw, circular saw, reciprocal saw, miter saw, polisher, sander, cut off saw rotary tool, belt sander, angle grinders; Gardening power tools, namely, electrical cutting tools, chainsaws, cutters, pruners, leaf blowers, grass cutting machines, cleaning machines, painting machines
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: Auto tools, namely, automotive and motorcycle jacks, namely, hydraulic jacks; compressors, namely, air compressors; pneumatic air tools, namely, pneumatic hammers, drills, wrenches; power tools, namely, spray guns, angle grinders, high speed air cutters, air grease guns; power tools, namely, spray guns, angle grinders, high speed air cutters, pneumatic air grease guns; drill bits, namely, drill bits for power drills; generators, namely, AC generators; air tanks, namely, compressed air machines; AC and DC power tools, namely, drills, impact wrench, rotary hammer, jig saw, circular saw, reciprocal saw, miter saw, polisher, sander, cut off saw rotary tool, belt sander, angle grinders; Gardening power tools, namely, electrical cutting tools, chainsaws, cutters, pruners, leaf blowers, grass cutting machines, cleaning machines, painting machinesClass 007 for Auto tools, namely, automotive and motorcycle jacks, namely, hydraulic jacks; compressors, namely, air compressors; pneumatic air tools, namely, pneumatic hammers, drills, wrenches; power tools, namely, spray guns, angle grinders, high speed air cutters, pneumatic air grease guns; drill bits, namely, drill bits for power drills; generators, namely, AC generators; air tanks, namely, compressed air machines; AC and DC power tools, namely, drills, impact wrench, rotary hammer, jig saw, circular saw, reciprocal saw, miter saw, polisher, sander, cut off saw rotary tool, belt sander, angle grinders; Gardening power tools, namely, electrical cutting tools, chainsaws, cutters, pruners, leaf blowers, grass cutting machines, cleaning machines, painting machines
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 tool organizers, namely, tool belts; automotive and motorcycle jacks, namely, hand jacks; drill bits, namely, bits for hand drills; hand tools, namely, socket sets, screwdrivers, ratchet wrenches, hammers, pliers, hand tin snips, wood chisels, wrenches, Knife, scissors, saw, tubing cutter, file, clamp, vise, glue, sandpaper, tape measure, ruler, caliper, spirit level, digital level, laser level, laser distance measurer, flooring laser, detector, plane, punch, Hex key, pry bar, ratchet handle, socket, socket accessory, torque wrench
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: tool organizers, namely, tool belts; automotive and motorcycle jacks, namely, hand jacks; drill bits, namely, bits for hand drills; hand tools, namely, socket sets, screwdrivers, ratchet wrenches, hammers, pliers, hand tin snips, wood chisels, wrenches, Knife, scissors, saw, tubing cutter, file, clamp, vise, glue, sandpaper, tape measure, ruler, caliper, spirit level, digital level, laser level, laser distance measurer, flooring laser, detector, plane, punch, Hex key, pry bar, ratchet handle, socket, socket accessory, torque wrench; hand tools, namely, socket sets, screwdrivers, ratchet wrenches, hammers, pliers, hand tin snips, wood chisels, wrenches, knives, scissors, saw, tubing cutter, file, clamp, vise, glue, sandpaper, plane, punch, Hex key, pry bar, ratchet handle, socket, socket accessory, torque wrench; hand tools, namely prunersClass 008 for tool organizers, namely, tool belts; automotive and motorcycle jacks, namely, hand jacks; drill bits, namely, bits for hand drills; hand tools, namely, socket sets, screwdrivers, ratchet wrenches, hammers, pliers, hand tin snips, wood chisels, wrenches, knives, scissors, saw, tubing cutter, file, clamp, vise, glue, sandpaper, plane, punch, Hex key, pry bar, ratchet handle, socket, socket accessory, torque wrench; hand tools, namely pruners
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 Battery chargers; power inverters; battery power tools, namely, jumper cables, jump starters; road side emergency kits, namely, emergency auto kits comprised of a hand held spotlight and battery chargers; tire pressure gauges
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: Battery chargers; power inverters; battery power tools, namely, jumper cables, jump starters; road side emergency kits, namely, emergency auto kits comprised of a hand held spotlight and battery chargers; road side emergency kits, namely, emergency auto kits comprised of battery chargers and a handheld spotlight; tire pressure gauges; tape measure, measuring ruler, slide caliper, spirit level, digital level indicator, laser level indicator, laser distance indicator, flooring laser, detector,Class 009 for Battery chargers; power inverters; battery power tools, namely, jumper cables, jump starters; road side emergency kits, namely, emergency auto kits comprised of battery chargers and a handheld spotlight; tire pressure gauges; tape measure, measuring ruler, slide caliper, spirit level, digital level indicator, laser level indicator, laser distance indicator, flooring laser, detector,
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)
Response Signature
Signature: /Andrew B. Chen/     Date: 06/21/2019
Signatory's Name: Andrew B. Chen
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 4242391890

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: 88121629
Internet Transmission Date: Fri Jun 21 18:00:00 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190621180000952
869-88121629-6209b2e1673cdfe17bc7428f992
e117abf04cec984f9a1cdc8b9873764db148d7b-
N/A-N/A-20190621175218655713