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. 88206989 HT11(Standard Characters, see http://uspto.report/TM/88206989/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 007 for Parts for machines, namely, chisels, picks, chisel holders, pick holders, holders for chisel holders and holders for pick holders; parts for machines, namely, quick change chisel holders for holding chisels used in machines; parts for machines, namely, quick change pick holders for holding picks used in machines; parts for machines, namely, holders for quick change chisel holders for holding chisels used in machines; parts for machines, namely, holders for quick change pick holders for holding picks used in machines; parts for machines, namely, tools, tool holders and holders for tool holders; parts for machines, namely, seals for tools, seals for tool holders and seals for holders for tool holders; parts for machines, namely, adapted covers for machine parts; parts for machines, namely, threaded fasteners for fastening machine parts; parts and fittings for all the aforesaid goods, included in this class
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.

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[ European Union Trademark - EUTM application number 017992177 filed 11/27/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Parts for machines, namely, chisels, picks, chisel holders, pick holders, holders for chisel holders and holders for pick holders; parts for machines, namely, quick change chisel holders for holding chisels used in machines; parts for machines, namely, quick change pick holders for holding picks used in machines; parts for machines, namely, holders for quick change chisel holders for holding chisels used in machines; parts for machines, namely, holders for quick change pick holders for holding picks used in machines; parts for machines, namely, tools, tool holders and holders for tool holders; parts for machines, namely, milling tools, cutting tools, compacting tools, breaking tools, crushing tools, mixing tools, tool holders and holders for tool holders; parts for machines, namely, seals for tools, seals for tool holders and seals for holders for tool holders; parts for machines, namely, adapted covers for machine parts; parts for machines, namely, threaded fasteners for fastening machine parts; parts and fittings for all the aforesaid goods, included in this class; parts and fittings for all the aforesaid goodsClass 007 for Parts for machines, namely, chisels, picks, chisel holders, pick holders, holders for chisel holders and holders for pick holders; parts for machines, namely, quick change chisel holders for holding chisels used in machines; parts for machines, namely, quick change pick holders for holding picks used in machines; parts for machines, namely, holders for quick change chisel holders for holding chisels used in machines; parts for machines, namely, holders for quick change pick holders for holding picks used in machines; parts for machines, namely, milling tools, cutting tools, compacting tools, breaking tools, crushing tools, mixing tools, tool holders and holders for tool holders; parts for machines, namely, seals for tools, seals for tool holders and seals for holders for tool holders; parts for machines, namely, adapted covers for machine parts; parts for machines, namely, threaded fasteners for fastening machine parts; parts and fittings for all the aforesaid goods
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.

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 [ European Union Trademark - EUTM application number 017992177 filed 11/27/2018]. 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.

SIGNATURE(S)
Response Signature
Signature: /Scott M. Douglass/     Date: 03/20/2019
Signatory's Name: Scott M. Douglass
Signatory's Position: Attorney of record, Tennessee Bar Member

Signatory's Phone Number: 6152422400

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: 88206989
Internet Transmission Date: Wed Mar 20 16:51:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190320165145139
376-88206989-6204baf93b5880f54e55fda0749
259828cd3fef714fe4ba2bda934cbfcb4a2288-N
/A-N/A-20190320164831981072