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. 88228610 FORGING RESPECT(Standard Characters, see http://uspto.report/TM/88228610/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 Hand tools, namely, wrenches, nut wrenches, pipe wrenches, screw wrenches, spark wrenches, torque wrenches, combination wrenches, combination and open-end wrenches, open-end wrenches, box end wrenches, flare nut wrenches, ratcheting flare nut wrenches, crowfoot wrenches, spanner wrenches, adjustable wrenches, flange jack wrenches, structural wrenches for construction, ratcheting box wrenches, manually operated openers for drum caps, socket wrenches, sockets, socket sets, metric socket sets, drive metric socket sets, impact and power socket sets, wrench sets, ratchet wrenches, ratchet handles, attachments for ratchet wrenches, namely, universal joints, socket nut drivers, ratchet wrench extensions, flat wrenches, stud removers, namely, a hand tool for loosening hard-to-turn studs and for removing broken studs, screwdrivers and screwdriver sets, nut drivers and nut driver sets, screwdriver sockets, screwdriver bits, bits for hand drills, screwdrivers, sockets, bit holders, namely, tools for holding bits for hand drills and bits for hand operated bit drivers, bits, namely, adaptors for interchange of sockets and attachments from one drive size to another for hand tools, flex handles, namely, tools for socket wrenches for allowing the drive head of hand tools to pivot back and forth on the handle to allow the handle to avoid obstructions when being turned in a cramped space, bull bars, namely, a heavy duty socket handle for removing bolts, sliding T drive, namely, a tool with a sliding drive head for allowing the drive head to slide back and forth on a tool to avoid obstructions when being turned in a cramped space, ball joint impact socket wrenches, torque screwdrivers, torque multipliers, replacement squares for use with torque multipliers, hex keys, hex keys wrenches, hex key wrench sets, pliers, snips, scissors, pliers sets, pipe pliers, tongue and groove pliers, cutting pliers, slip joint pliers, long nose pliers, hose clamp pliers, crimping irons, aviation snips, offset snips, metal cutting snips, wire cutters, c-clamp pliers, wrench plier vise grips, hammers, punches; chisels, cold chisels, cape chisels, round ne chisels, center punches, pilot punches, solid punches, starter punches, prick punches, pin punches, mallets, ripping hammers, sledgehammers, pry bars, crowbars, wrecking bars, rivet removers, nail pullers, carpenters' pincers, clamps, carpenter's clamps, metal vises, hand operated lifting flange jacks, scrapers, gasket scrapers, putty knives, razor scrapers, utility knives, screw extractors, saws, hand saws, namely, hack saws, replacement blades for hand saws and hack saws, magnetic hand tools for picking up magnetic objects, namely, fasteners; hand hooks, picks, ball drivers; socket wrenches and handles; tool pouches for attachment to tool belts; roll-up fabric container for hand tools; ratchets, sockets, and parts therefor; socket sets and wrench sets; sets of hand tools including wrenches, sockets, screw drivers, punches, chisels and files; Hand Tools, namely, sockets, socket drivers, wrenches, socket wrenches, ratchets, ratchet extensions and socket set boxes
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: Hand tools, namely, wrenches, nut wrenches, pipe wrenches, screw wrenches, spark wrenches, torque wrenches, combination wrenches, combination and open-end wrenches, open-end wrenches, box end wrenches, flare nut wrenches, ratcheting flare nut wrenches, crowfoot wrenches, spanner wrenches, adjustable wrenches, flange jack wrenches, structural wrenches for construction, ratcheting box wrenches, manually operated openers for drum caps, socket wrenches, sockets, socket sets, metric socket sets, drive metric socket sets, impact and power socket sets, wrench sets, ratchet wrenches, ratchet handles, attachments for ratchet wrenches, namely, universal joints, socket nut drivers, ratchet wrench extensions, flat wrenches, stud removers, namely, a hand tool for loosening hard-to-turn studs and for removing broken studs, screwdrivers and screwdriver sets, nut drivers and nut driver sets, screwdriver sockets, screwdriver bits, bits for hand drills, screwdrivers, sockets, bit holders, namely, tools for holding bits for hand drills and bits for hand operated bit drivers, bits, namely, adaptors for interchange of sockets and attachments from one drive size to another for hand tools, flex handles, namely, tools for socket wrenches for allowing the drive head of hand tools to pivot back and forth on the handle to allow the handle to avoid obstructions when being turned in a cramped space, bull bars, namely, a heavy duty socket handle for removing bolts, sliding T drive, namely, a tool with a sliding drive head for allowing the drive head to slide back and forth on a tool to avoid obstructions when being turned in a cramped space, ball joint impact socket wrenches, torque screwdrivers, torque multipliers, replacement squares for use with torque multipliers, hex keys, hex keys wrenches, hex key wrench sets, pliers, snips, scissors, pliers sets, pipe pliers, tongue and groove pliers, cutting pliers, slip joint pliers, long nose pliers, hose clamp pliers, crimping irons, aviation snips, offset snips, metal cutting snips, wire cutters, c-clamp pliers, wrench plier vise grips, hammers, punches; Hand tools, namely, wrenches, nut wrenches, pipe wrenches, screw wrenches, spark wrenches, torque wrenches, combination wrenches, combination and open-end wrenches, open-end wrenches, box end wrenches, flare nut wrenches, ratcheting flare nut wrenches, crowfoot wrenches, spanner wrenches, adjustable wrenches, flange jack wrenches, structural wrenches for construction, ratcheting box wrenches, manually operated openers for drum caps, socket wrenches, sockets, socket sets, metric socket sets, drive metric socket sets, impact and power socket sets, wrench sets, ratchet wrenches, ratchet handles, attachments for ratchet wrenches, namely, universal joints, socket nut drivers, ratchet wrench extensions, flat wrenches, stud removers, namely, a hand tool for loosening hard-to-turn studs and for removing broken studs, screwdrivers and screwdriver sets, nut drivers and nut driver sets, screwdriver sockets, screwdriver bits, bits for hand drills, screwdrivers, sockets, bit holders, namely, tools for holding bits for hand drills and bits for hand operated bit drivers, bits, namely, adaptors for interchange of sockets and attachments from one drive size to another for hand tools, flex handles, namely, tools for socket wrenches for allowing the drive head of hand tools to pivot back and forth on the handle to allow the handle to avoid obstructions when being turned in a cramped space, bull bars, namely, a heavy duty socket handle for removing bolts, sliding T drive, namely, a tool with a sliding drive head for allowing the drive head to slide back and forth on a tool to avoid obstructions when being turned in a cramped space, ball joint impact socket wrenches, torque screwdrivers, torque multipliers, replacement squares for use with torque multipliers, hex keys, hex key wrenches, hex key wrench sets, pliers, snips, scissors, pliers sets, pipe pliers, tongue and groove pliers, cutting pliers, slip joint pliers, long nose pliers, hose clamp pliers, crimping irons, aviation snips, offset snips, metal cutting snips, wire cutters, c-clamp pliers, wrench plier vise grips, hammers, punches, chisels, cold chisels, cape chisels, round nose chisels, center punches, pilot punches, solid punches, starter punches, prick punches, pin punches, mallets, ripping hammers, sledgehammers, pry bars, crowbars, wrecking bars, rivet removers, nail pullers, carpenters' pincers, clamps, carpenter's clamps, metal vises, hand operated lifting flange jacks, scrapers, gasket scrapers, putty knives, razor scrapers, utility knives, screw extractors, saws, hand saws, namely, hack saws, replacement blades for hand saws and hack saws; chisels, cold chisels, cape chisels, round ne chisels, center punches, pilot punches, solid punches, starter punches, prick punches, pin punches, mallets, ripping hammers, sledgehammers, pry bars, crowbars, wrecking bars, rivet removers, nail pullers, carpenters' pincers, clamps, carpenter's clamps, metal vises, hand operated lifting flange jacks, scrapers, gasket scrapers, putty knives, razor scrapers, utility knives, screw extractors, saws, hand saws, namely, hack saws, replacement blades for hand saws and hack saws, magnetic hand tools for picking up magnetic objects, namely, fasteners; magnetic hand tools for picking up magnetic objects, namely, fasteners; hand hooks, picks, ball drivers; socket wrenches and handles; tool pouches for attachment to tool belts; roll-up fabric container for hand tools; ratchets, sockets, and parts therefor; ratchets, sockets, and parts therefor as hand tools; socket sets and wrench sets; sets of hand tools including wrenches, sockets, screw drivers, punches, chisels and files; sets of hand tools, namely, wrenches, sockets, screw drivers, punches, chisels and files; Hand Tools, namely, sockets, socket drivers, wrenches, socket wrenches, ratchets, ratchet extensions and socket set boxesClass 008 for Hand tools, namely, wrenches, nut wrenches, pipe wrenches, screw wrenches, spark wrenches, torque wrenches, combination wrenches, combination and open-end wrenches, open-end wrenches, box end wrenches, flare nut wrenches, ratcheting flare nut wrenches, crowfoot wrenches, spanner wrenches, adjustable wrenches, flange jack wrenches, structural wrenches for construction, ratcheting box wrenches, manually operated openers for drum caps, socket wrenches, sockets, socket sets, metric socket sets, drive metric socket sets, impact and power socket sets, wrench sets, ratchet wrenches, ratchet handles, attachments for ratchet wrenches, namely, universal joints, socket nut drivers, ratchet wrench extensions, flat wrenches, stud removers, namely, a hand tool for loosening hard-to-turn studs and for removing broken studs, screwdrivers and screwdriver sets, nut drivers and nut driver sets, screwdriver sockets, screwdriver bits, bits for hand drills, screwdrivers, sockets, bit holders, namely, tools for holding bits for hand drills and bits for hand operated bit drivers, bits, namely, adaptors for interchange of sockets and attachments from one drive size to another for hand tools, flex handles, namely, tools for socket wrenches for allowing the drive head of hand tools to pivot back and forth on the handle to allow the handle to avoid obstructions when being turned in a cramped space, bull bars, namely, a heavy duty socket handle for removing bolts, sliding T drive, namely, a tool with a sliding drive head for allowing the drive head to slide back and forth on a tool to avoid obstructions when being turned in a cramped space, ball joint impact socket wrenches, torque screwdrivers, torque multipliers, replacement squares for use with torque multipliers, hex keys, hex key wrenches, hex key wrench sets, pliers, snips, scissors, pliers sets, pipe pliers, tongue and groove pliers, cutting pliers, slip joint pliers, long nose pliers, hose clamp pliers, crimping irons, aviation snips, offset snips, metal cutting snips, wire cutters, c-clamp pliers, wrench plier vise grips, hammers, punches, chisels, cold chisels, cape chisels, round nose chisels, center punches, pilot punches, solid punches, starter punches, prick punches, pin punches, mallets, ripping hammers, sledgehammers, pry bars, crowbars, wrecking bars, rivet removers, nail pullers, carpenters' pincers, clamps, carpenter's clamps, metal vises, hand operated lifting flange jacks, scrapers, gasket scrapers, putty knives, razor scrapers, utility knives, screw extractors, saws, hand saws, namely, hack saws, replacement blades for hand saws and hack saws; magnetic hand tools for picking up magnetic objects, namely, fasteners; hand hooks, picks, ball drivers; socket wrenches and handles; tool pouches for attachment to tool belts; roll-up fabric container for hand tools; ratchets, sockets, and parts therefor as hand tools; socket sets and wrench sets; sets of hand tools, namely, wrenches, sockets, screw drivers, punches, chisels and files; Hand Tools, namely, sockets, socket drivers, wrenches, socket wrenches, ratchets, ratchet extensions and socket set boxes
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: Sean F. Mellino. Sean F. Mellino of WALTER | HAVERFIELD LLP, is located at

      1301 EAST 9TH STREET, SUITE 3500
      THE TOWER AT ERIEVIEW
      CLEVELAND, Ohio 44114-1821
      US
The docket/reference number is 70153-036US.

The phone number is 216-781-1212.

The email address is ipdocket@walterhav.com

The applicants proposed attorney information: Sean F. Mellino. Other appointed attorneys are D. Peter Hochberg; Kevin J. Soucek. Sean F. Mellino of WALTER | HAVERFIELD LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      THE TOWER AT ERIEVIEW
      1301 EAST 9TH STREET, SUITE 3500
      CLEVELAND, Ohio 44114-1821
      United States
The docket/reference number is 70153-036US.

The phone number is 216-781-1212.

The email address is trademarks@walterhav.com

Sean F. Mellino 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: SEAN F. MELLINO. SEAN F. MELLINO of WALTER | HAVERFIELD LLP, is located at

      1301 EAST 9TH STREET, SUITE 3500
      THE TOWER AT ERIEVIEW
      CLEVELAND, Ohio 44114-1821
      US
The docket/reference number is 70153-036US.

The phone number is 216-781-1212.

The email address is ipdocket@walterhav.com

The applicants proposed correspondence information: Sean F. Mellino. Sean F. Mellino of WALTER | HAVERFIELD LLP, is located at

      THE TOWER AT ERIEVIEW
      1301 EAST 9TH STREET, SUITE 3500
      CLEVELAND, Ohio 44114-1821
      United States
The docket/reference number is 70153-036US.

The phone number is 216-781-1212.

The email address is trademarks@walterhav.com

SIGNATURE(S)
Response Signature
Signature: /sean f. mellino/     Date: 09/18/2019
Signatory's Name: Sean F. Mellino
Signatory's Position: Attorney of record

Signatory's Phone Number: 216-781-1212

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:    SEAN F. MELLINO
   WALTER | HAVERFIELD LLP
   1301 EAST 9TH STREET, SUITE 3500
   THE TOWER AT ERIEVIEW
   CLEVELAND, Ohio 44114-1821
Mailing Address:    Sean F. Mellino
   WALTER | HAVERFIELD LLP
   THE TOWER AT ERIEVIEW
   1301 EAST 9TH STREET, SUITE 3500
   CLEVELAND, Ohio 44114-1821
        
Serial Number: 88228610
Internet Transmission Date: Wed Sep 18 16:17:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201909181617556062
47-88228610-610ded6e1f2138e422a3ae8fd9bb
c2638a87ef7f7a99b35b6582c6dd5a52d090-N/A
-N/A-20190918160704320783