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. 88265899 ISM(Standard Characters, see http://uspto.report/TM/88265899/mark.png) has been amended as follows:

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

 

 

REMARKS

 

The Description of Goods has been amended in accordance with the Examining Attorney's requirement.  It is respectfully submitted that the Description of Goods, as amended, is sufficiently definite for purposes of registration and acceptance is respectfully urged.

 

            Applicant is pleased to note that a search of the Trademark Office records identified no similar registered or pending mark which would bar registration under Trademark Act Section 2(d).  It is therefore respectfully submitted that the application is in condition for publication, and further and favorable action in connection therewith is earnestly solicited.

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for machines and apparatus for the textile industry, namely, textile weaving and spinning machines, not included in other classes; machines and apparatus for the textile industry, namely, parts and accessories for textile weaving and spinning machines, not included in other classes; leather-working machines; sewing machines and parts therefor; pedal drives for sewing machines; cutting blades for textile machines; industrial robots; robotic arms for industrial purposes; loading and unloading machines, namely, robots for conveyance and parts and fittings therefor; semiconductor manufacturing machines; machines for bonding electronic components, namely, circuit board assembly machines, and soldering machines; surface mounting machines for mounting electronic components on to printed circuit boards and parts therefor; servomotors; air compressors; grease boxes being parts of machines; cable boxes, chests and cabinets all specially adapted for textile machines and apparatus; automated storage units for storing and providing components used in surface mounting; automatic feeders for electronic components assembly apparatus; mounting machines used in surface mounting; circuit board manufacturing and processing machines; automatic warehousing systems comprised of automated machines for loading and unloading cargo to and from racks of shelving; loading-unloading machines and apparatus; material handling machines, namely, automatic pallet dispensing machines; handling apparatus for loading and unloading, namely, loading and unloading machines; elevator equipment
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: Machines and apparatus for the textile industry, namely, textile weaving and spinning machines, not included in other classes; machines and apparatus for the textile industry, namely, parts and accessories for textile weaving and spinning machines, not included in other classes; machines and apparatus for the textile industry, namely, parts and accessories for textile weaving and spinning machines, not included in other classes namely, heat exchangers; leather-working machines; sewing machines and parts therefor; sewing machines and replacement and structural parts therefor; pedal drives for sewing machines; cutting blades for textile machines; industrial robots; robotic arms for industrial purposes; parts of industrial robots, namely, robotic arms for industrial purposes; loading and unloading machines, namely, robots for conveyance and parts and fittings therefor; loading and unloading machines, namely, industrial robots for conveyance and replacement and structural parts and fittings therefor; semiconductor manufacturing machines; machines for bonding electronic components, namely, circuit board assembly machines, and soldering machines; surface mounting machines for mounting electronic components on to printed circuit boards and parts therefor; surface mounting machines for mounting electronic components on to printed circuit boards and replacement and structural parts therefor; servomotors; air compressors; grease boxes being parts of machines; cable boxes, chests and cabinets all specially adapted for textile machines and apparatus; machine housings, namely, cable boxes, chests and cabinets all specially adapted for textile machines and apparatus; automated storage units for storing and providing components used in surface mounting; automatic feeders for electronic components assembly apparatus; automatic cable feeders for electronic components assembly apparatus; mounting machines used in surface mounting; circuit board manufacturing and processing machines; automatic warehousing systems comprised of automated machines for loading and unloading cargo to and from racks of shelving; loading-unloading machines and apparatus; material handling machines, namely, automatic pallet dispensing machines; handling apparatus for loading and unloading, namely, loading and unloading machines; elevator equipment; elevator equipment, namely, elevators and parts thereofClass 007 for Machines and apparatus for the textile industry, namely, textile weaving and spinning machines, not included in other classes; machines and apparatus for the textile industry, namely, parts and accessories for textile weaving and spinning machines, not included in other classes namely, heat exchangers; leather-working machines; sewing machines and replacement and structural parts therefor; pedal drives for sewing machines; cutting blades for textile machines; industrial robots; parts of industrial robots, namely, robotic arms for industrial purposes; loading and unloading machines, namely, industrial robots for conveyance and replacement and structural parts and fittings therefor; semiconductor manufacturing machines; machines for bonding electronic components, namely, circuit board assembly machines, and soldering machines; surface mounting machines for mounting electronic components on to printed circuit boards and replacement and structural parts therefor; servomotors; air compressors; grease boxes being parts of machines; machine housings, namely, cable boxes, chests and cabinets all specially adapted for textile machines and apparatus; automated storage units for storing and providing components used in surface mounting; automatic cable feeders for electronic components assembly apparatus; mounting machines used in surface mounting; circuit board manufacturing and processing machines; automatic warehousing systems comprised of automated machines for loading and unloading cargo to and from racks of shelving; loading-unloading machines and apparatus; material handling machines, namely, automatic pallet dispensing machines; handling apparatus for loading and unloading, namely, loading and unloading machines; elevator equipment, namely, elevators and parts thereof
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: Michael J. Leonard. Michael J. Leonard of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE, BLDG. 3
      LAWRENCEVILLE, New Jersey 08648-2311
      US
The docket/reference number is 148411.00062.

The phone number is 215-299-2085.

The email address is ipdocket@foxrothschild.com

The applicants proposed attorney information: Michael J. Leonard. Other appointed attorneys are Christopher D. Olszyk, Jr.. Michael J. Leonard of FOX ROTHSCHILD 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

      997 LENOX DRIVE, BLDG. 3
      LAWRENCEVILLE, New Jersey 08648-2311
      United States
The docket/reference number is 148411.00062.

The phone number is 215-299-2085.

The email address is ipdocket@foxrothschild.com

Michael J. Leonard 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: MICHAEL J. LEONARD. MICHAEL J. LEONARD of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE, BLDG. 3
      LAWRENCEVILLE, New Jersey 08648-2311
      US
The docket/reference number is 148411.00062.

The phone number is 215-299-2085.

The email address is ipdocket@foxrothschild.com; mleonard@foxrothschild.com

The applicants proposed correspondence information: Michael J. Leonard. Michael J. Leonard of FOX ROTHSCHILD LLP, is located at

      997 LENOX DRIVE, BLDG. 3
      LAWRENCEVILLE, New Jersey 08648-2311
      United States
The docket/reference number is 148411.00062.

The phone number is 215-299-2085.

The email address is ipdocket@foxrothschild.com; mleonard@foxrothschild.com

SIGNATURE(S)
Response Signature
Signature: /mjl/     Date: 10/03/2019
Signatory's Name: Michael J. Leonard
Signatory's Position: Attorney of Record, PA 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:    MICHAEL J. LEONARD
   FOX ROTHSCHILD LLP
   
   997 LENOX DRIVE, BLDG. 3
   LAWRENCEVILLE, New Jersey 08648-2311
Mailing Address:    Michael J. Leonard
   FOX ROTHSCHILD LLP
   997 LENOX DRIVE, BLDG. 3
   LAWRENCEVILLE, New Jersey 08648-2311
        
Serial Number: 88265899
Internet Transmission Date: Thu Oct 03 16:28:29 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201910031628298
32919-88265899-610a39b925c29f127fc1b0733
19983734f88587b3cf01dca289bc3a3abaf28a1-
N/A-N/A-20191003162453450102