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. 88201726 ACUANTIA(Standard Characters, see http://uspto.report/TM/88201726/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 035 for Retail store services featuring sanitary facilities, storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; On-line retail store services featuring sanitary facilities, storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2126796 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Retail store services featuring sanitary facilities, storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; Retail store services featuring storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; On-line retail store services featuring sanitary facilities, storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; On-line retail store services featuring storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountainsClass 035 for Retail store services featuring storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; On-line retail store services featuring storage tanks for agriculture, drinking fountains and feeders for animals, hoppers, biodigesters, pipes and hydraulic pipe connections, cisterns, water tanks, water storage tanks, water filters, water purifiers, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2126796 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Cleaning, installation and maintenance of sanitary facilities, storage tanks for agriculture, drinking fountains and animal feeders, hoppers, biodigesters, hydraulic pipes and connections, tanks, water tanks, water storage tanks, water filters, water purifiers, water, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Mexico application number 2126797 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cleaning, installation and maintenance of sanitary facilities, storage tanks for agriculture, drinking fountains and animal feeders, hoppers, biodigesters, hydraulic pipes and connections, tanks, water tanks, water storage tanks, water filters, water purifiers, water, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains; Cleaning, installation and maintenance of storage tanks for agriculture, drinking fountains and animal feeders, hoppers, biodigesters, hydraulic pipes and connections, tanks, water tanks, water storage tanks, water filters, water purifiers, water, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountainsClass 037 for Cleaning, installation and maintenance of storage tanks for agriculture, drinking fountains and animal feeders, hoppers, biodigesters, hydraulic pipes and connections, tanks, water tanks, water storage tanks, water filters, water purifiers, water, septic tanks, rainwater collection systems, water treatment plants, water purification plants, water pumps, irrigation systems and drinking fountains
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Mexico application number 2126797 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
ACUANTIA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) ACUANTIA has no meaning in a foreign language.


SIGNATURE(S)
Response Signature
Signature: /John M. Murphy/     Date: 03/05/2019
Signatory's Name: John M. Murphy
Signatory's Position: Attorney of Record - Member of the Illinois Bar

Signatory's Phone Number: 011.52.55.5095.2031

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.

        
Serial Number: 88201726
Internet Transmission Date: Tue Mar 05 18:53:27 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201903051853273
66908-88201726-6201f01e88add84a124fef69e
aab264a1b38588ee47cdce15039f6e2893f2c8fe
5-N/A-N/A-20190305184353405564