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. 88253907 REDLINE BY GARDNER DENVER(Standard Characters, see http://uspto.report/TM/88253907/mark.png) has been amended as follows:

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

Applicant elects not to respond at this time to the Advisory relating to Application Serial No. 86918721.  Applicant reserves all rights to respond in the future should the Examining Attorney issue a Section 2(d) likelihood of confusion refusal based on this mark.

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 fluid ends and drilling modules, namely, packing, valves, seats, pistons, plungers, liners
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: parts for fluid ends and drilling modules, namely, packing, valves, seats, pistons, plungers, liners; Structural and replacement parts for fluid ends for reciprocating, positive displacement pumps and drilling modules in the nature of pump components that circulate drilling fluid, fracking fluid or completion fluid, namely, packing, valves, seats, pistons, plungers, linersClass 007 for Structural and replacement parts for fluid ends for reciprocating, positive displacement pumps and drilling modules in the nature of pump components that circulate drilling fluid, fracking fluid or completion fluid, namely, packing, valves, seats, pistons, plungers, liners
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: Luke W. DeMarte. Luke W. DeMarte of MICHAEL BEST & FRIEDRICH LLP, is located at

      444 W. LAKE STREET, SUITE 3200
      CHICAGO, Illinois 60606
      US
The docket/reference number is 206776-5609.

The phone number is 312-222-0800.

The fax number is 312-222-0818.

The email address is chiipdocket@michaelbest.com

The applicants proposed attorney information: Luke W. DeMarte. Luke W. DeMarte of MICHAEL BEST & FRIEDRICH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      444 W. LAKE STREET, SUITE 3200
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 206776-5609.

The phone number is 312-222-0800.

The fax number is 312-222-0818.

The email address is chiipdocket@michaelbest.com

Luke W. DeMarte 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: LUKE W. DEMARTE. LUKE W. DEMARTE of MICHAEL BEST & FRIEDRICH LLP, is located at

      444 W. LAKE STREET, SUITE 3200
      CHICAGO, Illinois 60606
      US
The docket/reference number is 206776-5609.

The phone number is 312-222-0800.

The fax number is 312-222-0818.

The email address is chiipdocket@michaelbest.com

The applicants proposed correspondence information: Luke W. DeMarte. Luke W. DeMarte of MICHAEL BEST & FRIEDRICH LLP, is located at

      444 W. LAKE STREET, SUITE 3200
      CHICAGO, Illinois 60606
      United States
The docket/reference number is 206776-5609.

The phone number is 312-222-0800.

The fax number is 312-222-0818.

The email address is chiipdocket@michaelbest.com; mekouba@michaelbest.com

SIGNATURE(S)
Response Signature
Signature: /Michelle E. Kouba/     Date: 09/09/2019
Signatory's Name: Michelle E. Kouba
Signatory's Position: Associate of Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312-596-5826

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:    LUKE W. DEMARTE
   MICHAEL BEST & FRIEDRICH LLP
   
   444 W. LAKE STREET, SUITE 3200
   CHICAGO, Illinois 60606
Mailing Address:    Luke W. DeMarte
   MICHAEL BEST & FRIEDRICH LLP
   444 W. LAKE STREET, SUITE 3200
   CHICAGO, Illinois 60606
        
Serial Number: 88253907
Internet Transmission Date: Mon Sep 09 15:37:24 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019090915372481
8548-88253907-61023f9956d17930c5367f5d63
625e5281a27aafccbad1c3595994d416b191ed-N
/A-N/A-20190909150829944534