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. 88232546 TOUGHGRIT WORKWEAR (Stylized and/or with Design, see http://uspto.report/TM/88232546/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 009 for Protective clothing, footwear and headgear; protective work clothing, footwear and headgear; clothing, footwear and headgear for protection against injury or accident; safety clothing, footwear and headgear; safety work clothing, footwear and headgear; clothing, footwear and headgear for prevention of injury or accident
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: Protective clothing, footwear and headgear; Protective and safety clothing and work clothing, namely, trousers, shorts, jackets, hoodies, fleece tops, fleece jackets, pullovers, sweatshirts, shirts, polo shirts, t-shirts, socks, gloves, base layers, neck warmers, belts, knee pads, safety eyewear and rain suits; protective work clothing, footwear and headgear; protective and safety footwear, namely, boots, wellington boots, and athletic shoes; clothing, footwear and headgear for protection against injury or accident; protective and safety headwear, namely, hats, caps and helmets; safety clothing, footwear and headgear; all of the aforementioned goods being for protection against and prevention of accident or injury; safety work clothing, footwear and headgear; clothing, footwear and headgear for prevention of injury or accidentClass 009 for Protective and safety clothing and work clothing, namely, trousers, shorts, jackets, hoodies, fleece tops, fleece jackets, pullovers, sweatshirts, shirts, polo shirts, t-shirts, socks, gloves, base layers, neck warmers, belts, knee pads, safety eyewear and rain suits; protective and safety footwear, namely, boots, wellington boots, and athletic shoes; protective and safety headwear, namely, hats, caps and helmets; all of the aforementioned goods being for protection against and prevention of accident or injury
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 025 for Clothing, footwear, headgear; work clothing, work footwear, work headgear, none being for protective purposes
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: Clothing, footwear, headgear; Clothing and work clothing, namely, trousers, shorts, jackets, hoodies, fleece tops, fleece jackets, pullovers, sweatshirts, shirts, polo shirts, t-shirts, socks, gloves, base layers, neck warmers, belts and rain suits; work clothing, work footwear, work headgear, none being for protective purposes; footwear; boots; headwear, namely, hats and caps; all of the aforementioned goods not being for protection against and prevention of accident or injuryClass 025 for Clothing and work clothing, namely, trousers, shorts, jackets, hoodies, fleece tops, fleece jackets, pullovers, sweatshirts, shirts, polo shirts, t-shirts, socks, gloves, base layers, neck warmers, belts and rain suits; footwear; boots; headwear, namely, hats and caps; all of the aforementioned goods not being for protection against and prevention of accident or injury
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: Toolstream Ltd, a corporation of United Kingdom, having an address of
      Boundary Way, Lufton Trading Estate
      Yeovil, Somerset, BA228HZ
      United Kingdom

Proposed: Toolstream Ltd, limited company (ltd.) legally organized under the laws of United Kingdom, having an address of
      Boundary Way, Lufton Trading Estate
      Yeovil, Somerset, BA228HZ
      United Kingdom

The applicant hereby appoints Howard R. Fine. Howard R. Fine of Howard R. Fine, Attorney at Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2460 Dundee Road, #1416
      Northbrook, Illinois 60065
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 039-205.

The phone number is 847-509-0045.

The fax number is 847-919-4631.

The email address is howard@hfine.com

Howard R. Fine 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: . , is located at

      
      ,

The applicants proposed correspondence information: Howard R. Fine. Howard R. Fine of Howard R. Fine, Attorney at Law, is located at

      2460 Dundee Road, #1416
      Northbrook, Illinois 60065
      United States
The docket/reference number is 039-205.

The phone number is 847-509-0045.

The fax number is 847-919-4631.

The email address is howard@hfine.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use WORKWEAR apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Howard R. Fine/     Date: 09/09/2019
Signatory's Name: Howard R. Fine
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 847-509-0045

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:    
   
   
   
   ,
Mailing Address:    Howard R. Fine
   Howard R. Fine, Attorney at Law
   2460 Dundee Road, #1416
   Northbrook, Illinois 60065
        
Serial Number: 88232546
Internet Transmission Date: Mon Sep 09 15:20:02 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190909152002
661376-88232546-610f9287618527f97c263a42
3ef4dd39d6ec3bcbc2c5ce68ade65db874a6c87b
c-N/A-N/A-20190909151443271739