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. 88273926 CATAPULT(Standard Characters, see http://uspto.report/TM/88273926/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 039 for Storage containers used to store bulk and fungible items including frac sand and crop grains; delivery and the setting up of storage containers used to store bulk and fungible items; operating, managing and maintaining storage containers for the benefit of others; storage services for the benefit of others for the storage of bulk and fungible items including frac sand and crop grains; loading and unloading of bulk and fungible items including frac sand and crop grains to and from storage containers for the benefit of others; transportation and delivery of bulk and fungible items including frac sand and crop grains for the benefit of others
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: Storage containers used to store bulk and fungible items including frac sand and crop grains; Delivery and the setting up of storage containers used to store bulk and fungible items; supply chain logistics and reverse logistics services, namely, storage, transportation and delivery of storage containers for the benefit of others; operating, managing and maintaining storage containers for the benefit of others; storage services for the benefit of others for the storage of bulk and fungible items including frac sand and crop grains; loading and unloading of bulk and fungible items including frac sand and crop grains to and from storage containers for the benefit of others; transportation and delivery of bulk and fungible items including frac sand and crop grains for the benefit of othersClass 039 for Delivery and the setting up of storage containers used to store bulk and fungible items; supply chain logistics and reverse logistics services, namely, storage, transportation and delivery of storage containers for the benefit of others; storage services for the benefit of others for the storage of bulk and fungible items including frac sand and crop grains; loading and unloading of bulk and fungible items including frac sand and crop grains to and from storage containers for the benefit of others; transportation and delivery of bulk and fungible items including frac sand and crop grains for the benefit of others
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 hereby adds the following class of goods/services to the application:
New: Class 006 for Metal storage containers used to store bulk and fungible items including frac sand and crop grains.
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 hereby adds the following class of goods/services to the application:
New: Class 020 for Non-metal storage containers for commercial and industrial use, namely, for use in storing bulk and fungible items including frac sand and crop grains.
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.

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Jaclyne D. Wallace/     Date: 06/25/2019
Signatory's Name: Jaclyne D. Wallace
Signatory's Position: Attorney for Applicant, Illinois State Bar Member

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.

        
RAM Sale Number: 88273926
RAM Accounting Date: 06/26/2019
        
Serial Number: 88273926
Internet Transmission Date: Tue Jun 25 14:53:52 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019062514535227
9116-88273926-62078fcedc99c1189df1ae2dc5
12d3cb749c8643720d789e0cd25fd52cc5bbc12-
CC-1380-20190625110422073929