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. 88274967 AMTS(Standard Characters, see http://uspto.report/TM/88274967/mark.png) has been amended as follows:

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

REMARKS

The following remarks are made in response to the Office Action mailed on April 5, 2019. In the Office Action, the Trademark Examining Attorney advises of a prior pending application, requests the descriptions of goods be clarified, and requests an explanation of the mark’s significance be specified.

As to the prior pending application, Applicant elects not to submit arguments at this time to address a possible Section 2(d) issue. Rather, Applicant elects the subject application be suspended pending final disposition of the earlier-filed referenced U.S. Application Serial No. 79250184.

Regarding the description of goods, the description is revised herewith in the present application as follows:

circuit protection devices, namely, varistors for small motors.

Lastly, regarding the Significance Inquiry, the acronym AMTS is not a term of art within Applicant’s industry. AMTS is an acronym Applicant has created to designate the term “Automotive Motor Transient Suppression” and “Advanced Motor Transient Suppression”. Applicant is not aware of the wording “AMTS” being significant in the electronic component trade or industry or as applied to the goods described in the application beyond significance of the wording through Applicant’s usage.

In view of the foregoing, it is believed that this application is now in condition for prompt publication. Favorable action is therefore requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for circuit protection devices for small motors
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: circuit protection devices for small motors; circuit protection devices, namely, varistors for small motorsClass 009 for circuit protection devices, namely, varistors for small motors
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: Allison L. Richmond. Allison L. Richmond of DORITY & MANNING, P.A., is located at

      P.O. BOX 1449
      GREENVILLE, South Carolina 29602-1449
      US
The docket/reference number is AVX-862-TM.

The phone number is 864-271-1592.

The fax number is 864-233-7342.

The email address is docketing@dority-manning.com

The applicants proposed attorney information: Allison L. Richmond. Other appointed attorneys are James M. Bagarazzi, Richard M. Moose, Stephen E. Bondura, Timothy A. Cassidy, Tim F. Williams, Jason W. Johnston, Neil M. Batavia, Alan R. Marshall, J. Parks Workman, Thomas D. Huycke, Jason A. Jennings, Seth E. Jones. Allison L. Richmond of DORITY & MANNING, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. BOX 1449
      GREENVILLE, South Carolina 29602-1449
      United States
The docket/reference number is AVX-862-TM.

The phone number is 864-271-1592.

The fax number is 864-233-7342.

The email address is docketing@dority-manning.com

Allison L. Richmond 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: ALLISON L. RICHMOND. ALLISON L. RICHMOND of DORITY & MANNING, P.A., is located at

      P.O. BOX 1449
      GREENVILLE, South Carolina 29602-1449
      US
The docket/reference number is AVX-862-TM.

The phone number is 864-271-1592.

The fax number is 864-233-7342.

The email address is docketing@dority-manning.com; lhensel@dority-manning.com

The applicants proposed correspondence information: Allison L. Richmond. Allison L. Richmond of DORITY & MANNING, P.A., is located at

      P.O. BOX 1449
      GREENVILLE, South Carolina 29602-1449
      United States
The docket/reference number is AVX-862-TM.

The phone number is 864-271-1592.

The fax number is 864-233-7342.

The email address is docketing@dority-manning.com; lhensel@dority-manning.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
AMTS appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /allison l. richmond/     Date: 09/18/2019
Signatory's Name: ALLISON L. RICHMOND
Signatory's Position: Attorney of Record, South Carolina Bar Member

Signatory's Phone Number: 864-271-1592

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:    ALLISON L. RICHMOND
   DORITY & MANNING, P.A.
   
   P.O. BOX 1449
   GREENVILLE, South Carolina 29602-1449
Mailing Address:    Allison L. Richmond
   DORITY & MANNING, P.A.
   P.O. BOX 1449
   GREENVILLE, South Carolina 29602-1449
        
Serial Number: 88274967
Internet Transmission Date: Thu Sep 19 09:08:07 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201909190908077
73597-88274967-6109c3be6c9bc9c5787c71c6c
7ea6141cf4c19f56629aaa7be1147ac4e786ba19
-N/A-N/A-20190918164443964977