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. 88145248 VE (Stylized and/or with Design, see http://uspto.report/TM/88145248/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: VE (Stylized and/or with Design, see http://uspto.report/TM/88145248/mark.png)
Proposed: VE (Stylized and/or with Design, see mark)
The color(s) dark blue, light blue, gray, and white is/are claimed as a feature of the mark.
The mark consists of the letters "V E" in dark blue with white highlights and with the vertical portion of the "E" being the right diagonal of the letter "V". There is a globe within the "V" with the oceans appearing in light blue and the continents in white and gray with gray lines of longitude and latitiude.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for thermometers not for medical use, disposable cooking thermometers, temperature indicators for use in cooking food products that indicate when a certain temperature has been reached, thermometers used to measure cooking temperatures when cooking meat or other food products, temperature sensors with color change; eyewear, protective eyewear and component parts thereof, safety eyewear; protective clothing, protective shoes, protective boots, protective face covers, protective face shields, hair covers, beard covers, hand protection, protective arm sleeves, protective chest shields; protective gloves, protective work gloves, gloves for laboratory purposes, fire resistant gloves, latex gloves, nitrile gloves, vinyl gloves, plastic gloves
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: thermometers not for medical use, disposable cooking thermometers, temperature indicators for use in cooking food products that indicate when a certain temperature has been reached, thermometers used to measure cooking temperatures when cooking meat or other food products, temperature sensors with color change; eyewear, protective eyewear and component parts thereof, safety eyewear; protective clothing, protective shoes, protective boots, protective face covers, protective face shields, hair covers, beard covers, hand protection, protective arm sleeves, protective chest shields; clothing for protection against accidents; protective gloves, protective work gloves, gloves for laboratory purposes, fire resistant gloves, latex gloves, nitrile gloves, vinyl gloves, plastic gloves; protective industrial shoes, protective industrial boots, protective face covers for face protection against accidents, protective face shields, hair covers for protection against accidental contact with food products and the wearer's hands, beard covers for protection against accidental contact with food products and the wearer's hands, protective work gloves for hand protection, protective arm sleeves for protection against accidents and against accidental contact with food products, protective chest shields for protection against accidents and against accidental contact with food products; protective gloves for industrial use, protective work gloves, gloves for laboratory purposes, fire resistant gloves, disposable latex gloves for laboratory use, disposable nitrile gloves for laboratory use, disposable vinyl gloves for laboratory use, disposable plastic gloves for laboratory useClass 009 for thermometers not for medical use, disposable cooking thermometers, temperature indicators for use in cooking food products that indicate when a certain temperature has been reached, thermometers used to measure cooking temperatures when cooking meat or other food products, temperature sensors with color change; eyewear, protective eyewear and component parts thereof, safety eyewear; clothing for protection against accidents; protective industrial shoes, protective industrial boots, protective face covers for face protection against accidents, protective face shields, hair covers for protection against accidental contact with food products and the wearer's hands, beard covers for protection against accidental contact with food products and the wearer's hands, protective work gloves for hand protection, protective arm sleeves for protection against accidents and against accidental contact with food products, protective chest shields for protection against accidents and against accidental contact with food products; protective gloves for industrial use, protective work gloves, gloves for laboratory purposes, fire resistant gloves, disposable latex gloves for laboratory use, disposable nitrile gloves for laboratory use, disposable vinyl gloves for laboratory use, disposable plastic gloves for laboratory use
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 020 for non-metal poultry trussing clamps adapted to engage the legs of poultry, plastic poultry trussing rings adapted to engage the legs of poultry, plastic retainers for use in the commercial trussing of eviscerated poultry, non-metal identification tags
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: non-metal poultry trussing clamps adapted to engage the legs of poultry, plastic poultry trussing rings adapted to engage the legs of poultry, plastic retainers for use in the commercial trussing of eviscerated poultry, non-metal identification tags; non-metal poultry trussing clamps adapted to engage the legs of poultry, plastic retainers for use in the commercial trussing of eviscerated poultry, non-metal identification tags; non-metal glove dispensersClass 020 for non-metal poultry trussing clamps adapted to engage the legs of poultry, plastic retainers for use in the commercial trussing of eviscerated poultry, non-metal identification tags; non-metal glove dispensers
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 021 for work gloves; disposable latex gloves for general use, disposable plastic gloves for general use, disposable plastic gloves for use in the food service industry; non-metal glove dispensers; string ties for trussing poultry and meat, elastic ties for trussing poultry and meat, nylon grips designed for carrying dressed poultry and meat and other plastic wrapped foodstuffs, food skewers for holding food portions together
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: work gloves; disposable latex gloves for general use, disposable plastic gloves for general use, disposable plastic gloves for use in the food service industry; non-metal glove dispensers; utensils, namely, nylon grips in the nature of tongs designed for carrying dressed poultry and meat and other plastic wrapped foodstuffs, food skewers for holding food portions together; string ties for trussing poultry and meat, elastic ties for trussing poultry and meat, nylon grips designed for carrying dressed poultry and meat and other plastic wrapped foodstuffs, food skewers for holding food portions together; disposable nitrile gloves for general use; disposable vinyl gloves for general use; plastic poultry trussing rings adapted to engage the legs of poultryClass 021 for work gloves; disposable latex gloves for general use, disposable plastic gloves for general use, disposable plastic gloves for use in the food service industry; utensils, namely, nylon grips in the nature of tongs designed for carrying dressed poultry and meat and other plastic wrapped foodstuffs, food skewers for holding food portions together; disposable nitrile gloves for general use; disposable vinyl gloves for general use; plastic poultry trussing rings adapted to engage the legs of poultry
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 hereby adds the following class of goods/services to the application:
New: Class 022 for Plastic string twist ties for trussing poultry and meat; plastic elastic twist ties for trussing poultry and meat
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /lpcolton/      Date: 05/13/2019
Signatory's Name: Laurence P. Colton
Signatory's Position: Attorney of record, Georgia bar member
Signatory's Phone Number: 7707090023


Response Signature
Signature: /lpcolton/     Date: 05/13/2019
Signatory's Name: Laurence P. Colton
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 7707090023

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.

        
RAM Sale Number: 88145248
RAM Accounting Date: 05/13/2019
        
Serial Number: 88145248
Internet Transmission Date: Mon May 13 11:42:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201905131142533
35241-88145248-620415d2e87b48d26d9bce28d
dc6b9a6a2777fce91831add81dfc6334a768a068
-CC-10839-20190513110558505903