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. 88237346 ETERNA (Stylized and/or with Design, see http://uspto.report/TM/88237346/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:



EVIDENCE

Original PDF file:
evi_173162108129-20190924144714833395_._6701OA3-24-19Response.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Uninterruptible power supplies
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/17/2017 and first used in commerce at least as early as 04/17/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Uninterruptible power supplies; Uninterruptible power systems for data centers and mission critical power facilitiesClass 009 for Uninterruptible power systems for data centers and mission critical power facilities
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/17/2017 and first used in commerce at least as early as 04/17/2017 , and is now in use in such commerce.
The applicant's current attorney information: Mark D. Bowen. Mark D. Bowen of MALIN HALEY DIMAGGIO & BOWEN, P.A., is located at

      4901 NW 17TH WAY, SUITE 308
      FORT LAUDERDALE, Florida 33309
      US
The docket/reference number is 12551.6701.

The phone number is 954-763-3303.

The fax number is 9545226507.

The email address is info@mhdpatents.com

The applicants proposed attorney information: Mark D. Bowen. Mark D. Bowen of MALIN HALEY DIMAGGIO & BOWEN, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      4901 NW 17TH WAY, SUITE 308
      FORT LAUDERDALE, Florida 33309
      United States
The docket/reference number is 12551.6701.

The phone number is 954-763-3303.

The fax number is 9545226507.

The email address is info@mhdpatents.com

Mark D. Bowen 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: MARK D. BOWEN. MARK D. BOWEN of MALIN HALEY DIMAGGIO & BOWEN, P.A., is located at

      4901 NW 17TH WAY, SUITE 308
      FORT LAUDERDALE, Florida 33309
      US
The docket/reference number is 12551.6701.

The phone number is 954-763-3303.

The fax number is 9545226507.

The email address is info@mhdpatents.com

The applicants proposed correspondence information: Mark D. Bowen. Mark D. Bowen of MALIN HALEY DIMAGGIO & BOWEN, P.A., is located at

      4901 NW 17TH WAY, SUITE 308
      FORT LAUDERDALE, Florida 33309
      United States
The docket/reference number is 12551.6701.

The phone number is 954-763-3303.

The fax number is 9545226507.

The email address is info@mhdpatents.com

SIGNATURE(S)
Response Signature
Signature: /mark d. bowen/     Date: 09/24/2019
Signatory's Name: Mark D. Bowen
Signatory's Position: Attorney of record, Florida bar member

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:    MARK D. BOWEN
   MALIN HALEY DIMAGGIO & BOWEN, P.A.
   
   4901 NW 17TH WAY, SUITE 308
   FORT LAUDERDALE, Florida 33309
Mailing Address:    Mark D. Bowen
   MALIN HALEY DIMAGGIO & BOWEN, P.A.
   4901 NW 17TH WAY, SUITE 308
   FORT LAUDERDALE, Florida 33309
        
Serial Number: 88237346
Internet Transmission Date: Tue Sep 24 14:51:03 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190924145103
295249-88237346-6105fc60193042fbc95444b1
439271e56ffc259fa220c9d7c0ca37fb48fb9ef-
N/A-N/A-20190924144714833395