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. 88258889 UV 247(Standard Characters, see http://uspto.report/TM/88258889/mark.png) has been amended as follows:

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

The Office Action indicates registration is refused because the specimen does not show the applied-for mark in use in commerce. The specimen shows the mark on packaging for a germicidal UV lightbulb sold as a component of an air purification unit. The identified goods in the application, however, are air purification units themselves.

Applicant hereby amends the Identification of Goods to specify that the goods are a UV lightbulb sold as a specific component of an air purification unit, rather than the air purification unit as a whole. The amendment therefore clarifies or limits, but does not broaden, the scope of the Identification of Goods for this application. TMEP 1402.06. The previously submitted specimen depicts a germicidal UV lightbulb sold as a component of an air purification unit.

Applicant accepts the Disclaimer of the term "UV" as suggested in the Office Action.

Having addressed all issues in the Office Action, Applicant respectfully requests this application be placed in condition for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Air purification units
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 04/01/2017 and first used in commerce at least as early as 04/01/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Air purification units; UV lightbulbs sold as a component of air purification unitsClass 011 for UV lightbulbs sold as a component of air purification units
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 04/01/2017 and first used in commerce at least as early as 04/01/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use UV apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Brian M Taillon/     Date: 05/09/2019
Signatory's Name: Brian M Taillon
Signatory's Position: Attorney of record, Florida bar member

Signatory's Phone Number: 561-625-6575

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: 88258889
Internet Transmission Date: Thu May 09 15:03:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019050915031663
0612-88258889-620fdce63d8d94dda121c7f8cf
d41dadcc82b45e5f2f5ba468cbafe3668e13b996
a-N/A-N/A-20190509145036746088