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. 88176738 HYPERFLEX(Standard Characters, see http://uspto.report/TM/88176738/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 003 for Flexible abrasives that provide both concave and convex arcs for use on materials, namely, metal, wood and fiberglass
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/17/2017 and first used in commerce at least as early as 03/17/2017 , and is now in use in such commerce.

Proposed: Class 003 for Flexible abrasives that provide both concave and convex arcs for use on materials, namely, metal, wood and fiberglass
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/17/2017 and first used in commerce at least as early as 03/17/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 008 for Hand-operated sanders, flexible sanders that provide both concave and convex arcs for use on materials, namely, metal, wood and fiberglass.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/17/2017 and first used in commerce at least as early as 03/17/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 008 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

The applicant's current attorney information: Wendy B Mills. Wendy B Mills of WB MILLS, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 130
      14275 MIDWAY ROAD
      ADDISON, Texas 75001
      US

The phone number is 214-969-5995 x1001.

The email address is wbm@wbmillslaw.com

The applicants proposed attorney information: Wendy B Mills. Wendy B Mills of WB MILLS, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 130
      14275 MIDWAY ROAD
      ADDISON, Texas 75001
      United States

The phone number is 214-969-5995 x1001.

The email address is wbm@wbmillslaw.com

Wendy B Mills submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Wendy B Mills. Wendy B Mills of WB MILLS, PLLC, is located at

      SUITE 130
      14275 MIDWAY ROAD
      ADDISON, Texas 75001
      US

The phone number is 214-969-5995 x1001.

The email address is wbm@wbmillslaw.com

The applicants proposed correspondence information: Wendy B Mills. Wendy B Mills of WB MILLS, PLLC, is located at

      SUITE 130
      14275 MIDWAY ROAD
      ADDISON, Texas 75001
      United States

The phone number is 214-969-5995 x1001.

The email address is wbm@wbmillslaw.com


I hereby elect to by-pass any fee edit for an added class(es), because I believe the original fee payment was sufficient. I understand that the examining attorney could still, upon later review, require a fee payment.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Wendy B. Mills/     Date: 11/30/2019
Signatory's Name: Wendy B. Mills
Signatory's Position: Attorney of Record

Signatory's Phone Number: 214-969-5995

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Wendy B Mills
   WB MILLS, PLLC
   SUITE 130
   14275 MIDWAY ROAD
   ADDISON, Texas 75001
Mailing Address:    Wendy B Mills
   WB MILLS, PLLC
   SUITE 130
   14275 MIDWAY ROAD
   ADDISON, Texas 75001
        
Serial Number: 88176738
Internet Transmission Date: Sat Nov 30 16:49:17 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191130164917132
947-88176738-7006cf0ebaa9ff8a56cb1f67ecf
a24ccd89e83a12079b5d198d4eab8f6c3cbba9-N
/A-N/A-20191130164347063315