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. 88135587 ICON(Standard Characters, see http://uspto.report/TM/88135587/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Office Action in .pdf format. has been attached.
Original PDF file:
evi_104225244194-20190513165247021029_._01827961.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Tool boxes not of metal; tool chests not of metal, sold empty; tool cabinets; tool hutches; stools; racks for storing tools; wall mounted tool racks
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 boxes not of metal; tool chests not of metal, sold empty; tool cabinets; tool hutches; stools; racks for storing tools; free-standing storage racks for storing tools; wall mounted tool racksClass 020 for Tool boxes not of metal; tool chests not of metal, sold empty; tool cabinets; tool hutches; stools; free-standing storage racks for storing tools; wall mounted tool racks
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.

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
212-216-8000
The docket/reference number is 4621-373 .



SIGNATURE(S)
Response Signature
Signature: /Rachel J. Lin/     Date: 05/13/2019
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: 88135587
Internet Transmission Date: Mon May 13 17:30:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190513173035
339733-88135587-620192e453394e4530d07de4
89965baeeb1c67f653a32b0187aec7f31b63e-N/
A-N/A-20190513165247021029