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. 88198619 HYDROFLOW(Standard Characters, see http://uspto.report/TM/88198619/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Please see the actual argument text attached within the Evidence section. has been attached.
Original PDF file:
evi_6651154171-20190823152932916706_._Amendment.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 031 for Wholesale/retail agriculture products: soil permeability, water mitigation

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 (Original Class: 031 ) for agricultural systems for soil permeability, water mitigation and management, namely perforated or slotted inner plastic tubes, each surrounded by a permeable mesh filter and having a head at one end and a cap at the opposite end for increased capillary action, hydraulic conservancy, soil permeability, and delivery and management of liquids, fertilizers and biologics in agricultural applications, as well as enhanced soil stabilization
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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: NetForce One, LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      31324 Schoolcraft Rd.
      Livonia, Michigan 48150
      United States

      XXXX (authorized)
      248-390-8449
Proposed: NetForce One, LLC, a limited liability company legally organized under the laws of Michigan, having an address of
      2011 Heide St.
      Troy, Michigan 48084
      United States
      XXXX (authorized)
      248-390-8449

The applicant's current attorney information: Gerald E. McGlynn, III. Gerald E. McGlynn, III of Howard and Howard Attorneys PLLC, is located at

      450 West Fourth Street
      Royal Oak, Michigan 48067
      US
The docket/reference number is 117544.00001.

The phone number is (248) 645-1483.

The fax number is (248) 645-1568.

The email address is ipdocket@h2law.com

The applicants proposed attorney information: Gerald E. McGlynn, III. Other appointed attorneys are Stephanie S. Buntin, Zachary T. Gordon. Gerald E. McGlynn, III of Howard and Howard Attorneys PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      450 West Fourth Street
      Royal Oak, Michigan 48067
      United States
The docket/reference number is 117544.00001.

The phone number is (248) 645-1483.

The fax number is (248) 645-1568.

The email address is ipdocket@h2law.com

Gerald E. McGlynn, III 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: Gerald E. McGlynn, III. Gerald E. McGlynn, III of Howard and Howard Attorneys PLLC, is located at

      450 West Fourth Street
      Royal Oak, Michigan 48067
      US
The docket/reference number is 117544.00001.

The phone number is (248) 645-1483.

The fax number is (248) 645-1568.

The email address is ipdocket@h2law.com; gem3@h2law.com; cjt@h2law.com

The applicants proposed correspondence information: Gerald E. McGlynn, III. Gerald E. McGlynn, III of Howard and Howard Attorneys PLLC, is located at

      450 West Fourth Street
      Royal Oak, Michigan 48067
      United States
The docket/reference number is 117544.00001.

The phone number is (248) 645-1483.

The fax number is (248) 645-1568.

The email address is ipdocket@h2law.com; gem3@h2law.com; cjt@h2law.com

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: /Gerald E. McGlynn, III/      Date: 08/23/2019
Signatory's Name: Gerald E. McGlynn, III
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: (248) 723-0335


Response Signature
Signature: /Gerald E. McGlynn, III/     Date: 08/23/2019
Signatory's Name: Gerald E. McGlynn, III
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: (248) 723-0335

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:    Gerald E. McGlynn, III
   Howard and Howard Attorneys PLLC
   
   450 West Fourth Street
   Royal Oak, Michigan 48067
Mailing Address:    Gerald E. McGlynn, III
   Howard and Howard Attorneys PLLC
   450 West Fourth Street
   Royal Oak, Michigan 48067
        
Serial Number: 88198619
Internet Transmission Date: Fri Aug 23 16:15:26 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082316152681
0360-88198619-6105ce8b1b3fdf84bf36648e6c
585f89bb2874a18a1896aa793355e1ae67d776-N
/A-N/A-20190823152932916706