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 |
88129513 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88129513/mark.png |
LITERAL ELEMENT |
TOLERANCE |
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. |
ARGUMENT(S) |
In response to the Office Action, Applicant provides the following amendment and remarks.
Regarding the identification of goods, Applicant has amended the identification of goods to address the examining attorney’s concern.
Regarding the likelihood of confusion rejection, Applicant respectfully points out that the cited Reg. No. 1363978 is now cancelled. Accordingly,
the likelihood of confusion rejection is now moot.
Applicant believes it has responded to all issues outlined in the Office Action, and advancement toward publication is respectfully
requested.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
003 |
DESCRIPTION |
floor finishing preparation; floor polish |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
003 |
TRACKED TEXT DESCRIPTION |
floor finishing preparation; floor polish |
FINAL DESCRIPTION |
floor polish |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Marta L. Paul/ |
SIGNATORY'S NAME |
Marta L. Paul |
SIGNATORY'S POSITION |
Attorney of record, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
317-634-3456 |
DATE SIGNED |
02/01/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Feb 01 09:44:32 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.X-20
190201094432532128-881295
13-620bf96a4536e5289cd9fd
99b25a3e4ebc035c2a6621b35
fe48e198e2a6a6b82c-N/A-N/
A-20190201092859371215 |
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.
88129513 TOLERANCE(Standard Characters, see http://uspto.report/TM/88129513/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In response to the Office Action, Applicant provides the following amendment and remarks.
Regarding the identification of goods, Applicant has amended the identification of goods to address the examining attorney’s concern.
Regarding the likelihood of confusion rejection, Applicant respectfully points out that the cited Reg. No. 1363978 is now cancelled. Accordingly,
the likelihood of confusion rejection is now moot.
Applicant believes it has responded to all issues outlined in the Office Action, and advancement toward publication is respectfully
requested.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for floor finishing preparation; floor polish
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: floor finishing preparation;
floor polishClass 003 for floor polish
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: /Marta L. Paul/ Date: 02/01/2019
Signatory's Name: Marta L. Paul
Signatory's Position: Attorney of record, Indiana Bar Member
Signatory's Phone Number: 317-634-3456
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: 88129513
Internet Transmission Date: Fri Feb 01 09:44:32 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20190201094432532
128-88129513-620bf96a4536e5289cd9fd99b25
a3e4ebc035c2a6621b35fe48e198e2a6a6b82c-N
/A-N/A-20190201092859371215