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. 88125652 ECOSYS (Stylized and/or with Design, see http://uspto.report/TM/88125652/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Section 2(d)

The Examining Attorney has initially cited Registration No. 2134736.  Applicant wishes to note that the cited registration final due date to file the renewal of its mark was August 3, 2018.  Registrant failed to file the renewal.  Hence, the cited registration no longer poses a reason to refuse registration.

For the foregoing reason, Applicant respectfully requests that the citation be withdrawn and that the application be approved for publication.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Gas scrubbers; Gas scrubbing apparatus; Gas scrubbing installations; Heating apparatus for solid, liquid or gaseous fuels; Ignition systems comprised of a gas supply tube with a nozzle and an electrical igniter to create a flame at the nozzle for industrial applications, namely, for igniting waste gases being discharged from industrial stacks and for igniting gas-fired boilers; Regulating accessories for gas pipes and lines; Thermal oxidizers for industrial air pollution control of effluent gases from semiconductor manufacturing operations; Thermal oxidizers for industrial air pollution control; Regenerative thermal oxidizer used to destroy airborne volatile organic compounds, airborne toxins, odors and other air pollutants from industrial operations; Industrial scrubbers for removing particulate matter from the air during industrial processing, namely, gas purifiers, gas scrubbers, gas abatement system, and/or wet, dry, thermal, combustion, plasma and/or catalytic chambers for the treatment of gaseous and/or liquid effluents from manufacturing processes
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: Gas scrubbers; Gas scrubbing apparatus; Gas scrubbing installations; Heating apparatus for solid, liquid or gaseous fuels; Ignition systems comprised of a gas supply tube with a nozzle and an electrical igniter to create a flame at the nozzle for industrial applications, namely, for igniting waste gases being discharged from industrial stacks and for igniting gas-fired boilers; Regulating accessories for gas pipes and lines; Thermal oxidizers for industrial air pollution control of effluent gases from semiconductor manufacturing operations; Thermal oxidizers for industrial air pollution control; Regenerative thermal oxidizer used to destroy airborne volatile organic compounds, airborne toxins, odors and other air pollutants from industrial operations; Industrial scrubbers for removing particulate matter from the air during industrial processing, namely, gas purifiers, gas scrubbers, gas abatement system, and/or wet, dry, thermal, combustion, plasma and/or catalytic chambers for the treatment of gaseous and/or liquid effluents from manufacturing processes; Industrial scrubbers for removing particulate matter from the air during industrial processing, namely, gas purifiers, gas scrubbers and wet, dry, thermal, combustion, plasma and catalytic chambers for the treatment of gaseous and liquid effluents from manufacturing processesClass 011 for Gas scrubbers; Gas scrubbing apparatus; Gas scrubbing installations; Heating apparatus for solid, liquid or gaseous fuels; Ignition systems comprised of a gas supply tube with a nozzle and an electrical igniter to create a flame at the nozzle for industrial applications, namely, for igniting waste gases being discharged from industrial stacks and for igniting gas-fired boilers; Regulating accessories for gas pipes and lines; Thermal oxidizers for industrial air pollution control of effluent gases from semiconductor manufacturing operations; Thermal oxidizers for industrial air pollution control; Regenerative thermal oxidizer used to destroy airborne volatile organic compounds, airborne toxins, odors and other air pollutants from industrial operations; Industrial scrubbers for removing particulate matter from the air during industrial processing, namely, gas purifiers, gas scrubbers and wet, dry, thermal, combustion, plasma and catalytic chambers for the treatment of gaseous and liquid effluents from manufacturing processes
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: /pjh/     Date: 05/06/2019
Signatory's Name: P. Jay Hines
Signatory's Position: Counsel, Virginia Bar Member

Signatory's Phone Number: 703-621-7140

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: 88125652
Internet Transmission Date: Mon May 06 11:40:28 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190506114028
237946-88125652-620d187879ea9b929961518f
a7ac9c32e593773d55468aef173fa59a829f68b0
-N/A-N/A-20190506112509362750