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 |
88199450 |
LAW OFFICE ASSIGNED |
LAW OFFICE 121 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88199450/mark.png |
LITERAL ELEMENT |
PULPAC |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) green is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a white tree inside a green triangle next to the word PULPAC. |
GOODS AND/OR SERVICES SECTION (008)(current) |
INTERNATIONAL CLASS |
008 |
DESCRIPTION |
Disposable tableware, namely, knives, forks and spoons; Hand tools, hand-operated; Food preparation implements, kitchen knives and
cutlery |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (008)(proposed) |
INTERNATIONAL CLASS |
008 |
TRACKED TEXT DESCRIPTION |
Disposable tableware, namely, knives, forks and spoons; Disposable
spoons; Hand tools, hand-operated; Disposable knives; Food preparation implements,
kitchen knives and cutlery; Disposable forks; Kitchen knives and table cutlery |
FINAL DESCRIPTION |
Disposable spoons; Disposable knives; Disposable forks; Kitchen knives and table cutlery |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Paper and cardboard; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Paper and cardboard; Bags and articles for packaging, wrapping and storage of
paper, cardboard or plastics; Packaging containers of paper |
FINAL DESCRIPTION |
Paper and cardboard; Packaging containers of paper |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(current) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Closures for containers, non-metallic; Coat hangers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (020)(proposed) |
INTERNATIONAL CLASS |
020 |
DESCRIPTION |
Closures for containers, non-metallic; Coat hangers |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(current) |
INTERNATIONAL CLASS |
021 |
DESCRIPTION |
Flower pots; Tableware, cookware and containers; Disposable table plates; Mugs; Bottles |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (021)(proposed) |
INTERNATIONAL CLASS |
021 |
TRACKED TEXT DESCRIPTION |
Flower pots; Tableware, cookware and containers; Tableware, namely dishes and serving dishes, kitchen containers; Disposable table plates; Mugs; Bottles; Bottles, sold empty |
FINAL DESCRIPTION |
Flower pots; Tableware, namely dishes and serving dishes, kitchen containers; Disposable table plates; Mugs; Bottles, sold empty |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) green and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a white tree inside a green triangle next to the word "PULPAC" in a green stylized font. |
MISCELLANEOUS STATEMENT |
Applicant disclaims the right to the term PULPAC apart from the mark as shown pursuant to USPTO practice to expedite handling of the
application, however Applicant's position is that PULPAC is not descriptive and the Examiner failed to establish grounds for the disclaimer requirement, therefore a disclaimer should not be
required. |
ATTORNEY SECTION (current) |
NAME |
Gregory J Chinlund |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
MARSHALL GERSTEIN & BORUN |
INTERNAL ADDRESS |
SUITE 6300 |
STREET |
233 S. WACKER DR. |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
US |
EMAIL |
Docket@marshallip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32447/60062 |
ATTORNEY SECTION (proposed) |
NAME |
Gregory J Chinlund |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MARSHALL GERSTEIN & BORUN |
INTERNAL ADDRESS |
SUITE 6300 |
STREET |
233 S. WACKER DR. |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
United States |
EMAIL |
Docket@marshallip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32447/60062 |
OTHER APPOINTED ATTORNEY |
Michelle Bolos |
CORRESPONDENCE SECTION (current) |
NAME |
GREGORY J CHINLUND |
FIRM NAME |
MARSHALL GERSTEIN & BORUN |
INTERNAL ADDRESS |
SUITE 6300 |
STREET |
233 S. WACKER DR. |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
US |
EMAIL |
Docket@marshallip.com; pbulow@marshallip.com; gchinlund@marshallip.com; kmorfoot@marshallip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32447/60062 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Gregory J Chinlund |
FIRM NAME |
MARSHALL GERSTEIN & BORUN |
INTERNAL ADDRESS |
SUITE 6300 |
STREET |
233 S. WACKER DR. |
CITY |
CHICAGO |
STATE |
Illinois |
POSTAL CODE |
60606 |
COUNTRY |
United States |
EMAIL |
Docket@marshallip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
32447/60062 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Kalle Gillgren/ |
SIGNATORY'S NAME |
Kalle Gillgren |
SIGNATORY'S POSITION |
Chief Legal Officer |
DATE SIGNED |
08/21/2019 |
RESPONSE SIGNATURE |
/gjc/ |
SIGNATORY'S NAME |
Gregory J. Chinlund |
SIGNATORY'S POSITION |
Attorney of record, Illinois bar |
DATE SIGNED |
08/21/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Aug 21 10:51:56 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190821105156043052-88199
450-610948e71fad98d3816b6
02ba09b4f1d8268fcea654ad6
1ff832aebc41465b7c75-N/A-
N/A-20190821101806216432 |
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.
88199450 PULPAC (Stylized and/or with Design, see http://uspto.report/TM/88199450/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 008 for Disposable tableware, namely, knives, forks and spoons; Hand tools, hand-operated; Food preparation implements, kitchen knives and cutlery
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: Disposable tableware, namely, knives, forks and spoons;
Disposable spoons;
Hand tools, hand-operated;
Disposable knives;
Food preparation implements, kitchen knives and
cutlery;
Disposable forks;
Kitchen knives and table cutleryClass 008 for Disposable spoons; Disposable knives;
Disposable forks; Kitchen knives and table cutlery
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 016 for Paper and cardboard; Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
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: Paper and cardboard;
Bags and articles for packaging, wrapping and storage of paper, cardboard or
plastics;
Packaging containers of paperClass 016 for Paper and cardboard; Packaging containers of paper
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 Closures for containers, non-metallic; Coat hangers
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: Class 020 for Closures for containers, non-metallic; Coat hangers
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 Flower pots; Tableware, cookware and containers; Disposable table plates; Mugs; Bottles
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: Flower pots;
Tableware, cookware and containers;
Tableware, namely
dishes and serving dishes, kitchen containers;
Disposable table plates;
Mugs;
Bottles;
Bottles, sold emptyClass 021 for Flower pots; Tableware, namely dishes and serving dishes, kitchen containers; Disposable table plates; Mugs; Bottles, sold empty
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.
The applicant's current attorney information: Gregory J Chinlund. Gregory J Chinlund of MARSHALL GERSTEIN & BORUN, is located at
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
US
The docket/reference number is 32447/60062.
The email address is Docket@marshallip.com
The applicants proposed attorney information: Gregory J Chinlund. Other appointed attorneys are Michelle Bolos. Gregory J Chinlund of MARSHALL GERSTEIN & BORUN, is a member of the XX bar,
admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
United States
The docket/reference number is 32447/60062.
The email address is Docket@marshallip.com
Gregory J Chinlund 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: GREGORY J CHINLUND. GREGORY J CHINLUND of MARSHALL GERSTEIN & BORUN, is located at
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
US
The docket/reference number is 32447/60062.
The email address is Docket@marshallip.com; pbulow@marshallip.com; gchinlund@marshallip.com; kmorfoot@marshallip.com
The applicants proposed correspondence information: Gregory J Chinlund. Gregory J Chinlund of MARSHALL GERSTEIN & BORUN, is located at
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
United States
The docket/reference number is 32447/60062.
The email address is Docket@marshallip.com
ADDITIONAL STATEMENTS
Color Claim
The color(s) green and white is/are claimed as a feature of the mark.
Description of mark
The mark consists of a white tree inside a green triangle next to the word "PULPAC" in a green stylized font.
Miscellaneous Statement
Applicant disclaims the right to the term PULPAC apart from the mark as shown pursuant to USPTO practice to expedite handling of the application, however Applicant's position is that PULPAC is not
descriptive and the Examiner failed to establish grounds for the disclaimer requirement, therefore a disclaimer should not be required.
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: /Kalle Gillgren/ Date: 08/21/2019
Signatory's Name: Kalle Gillgren
Signatory's Position: Chief Legal Officer
Response Signature
Signature: /gjc/ Date: 08/21/2019
Signatory's Name: Gregory J. Chinlund
Signatory's Position: Attorney of record, Illinois bar
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: GREGORY J CHINLUND
MARSHALL GERSTEIN & BORUN
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
Mailing Address: Gregory J Chinlund
MARSHALL GERSTEIN & BORUN
SUITE 6300
233 S. WACKER DR.
CHICAGO, Illinois 60606
Serial Number: 88199450
Internet Transmission Date: Wed Aug 21 10:51:56 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019082110515604
3052-88199450-610948e71fad98d3816b602ba0
9b4f1d8268fcea654ad61ff832aebc41465b7c75
-N/A-N/A-20190821101806216432