TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88275183 METAL REMOVAL(Standard Characters, see http://uspto.report/TM/88275183/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence has been attached: Arguments
Original PDF file:
evi_383213618-20200331151 930773243_._Request_for_R econsideration_KEN-133.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 007 for Power-operated tools, namely, end mills, burs being carbide tools, drills, routers and countersinks
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 10/22/1970 and first used in commerce at least as early as 10/22/1970 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Power-operated tools, namely, end mills, burs being carbide tools, drills, routers and countersinks; Power-operated end mills, burs being carbide tools, drills, routers and countersinks, all for industrial useClass 007 for Power-operated end mills, burs being carbide tools, drills, routers and countersinks, all for industrial use
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 10/22/1970 and first used in commerce at least as early as 10/22/1970 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Kennametal Inc., a corporation of Pennsylvania, having an address of
      1600 Technology Way
      Latrobe, Pennsylvania 15650
      United States

Proposed: Kennametal Inc., a corporation of Pennsylvania, having an address of
      1600 Technology Way
      Latrobe, Pennsylvania 15650
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Christopher J. Owens. Christopher J. Owens of LEECH TISHMAN FUSCALDO & LAMPL, is located at

      525 WILLIAM PENN PLACE, 28TH FLOOR
      PITTSBURGH, Pennsylvania 15219
      United States
The docket/reference number is KEN-133.
      The phone number is 412-694-7285.
      The fax number is 412-227-5551.
      The email address is IPDocket@leechtishman.com

The owner's/holder's proposed attorney information: Christopher J. Owens. Other appointed attorneys are Alan G. Towner, Michael D. Lazzara, Charles M. Yeomans, Alicia M. Passerin. Christopher J. Owens of LEECH TISHMAN FUSCALDO & LAMPL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      525 WILLIAM PENN PLACE, 28TH FLOOR
      PITTSBURGH, Pennsylvania 15219
      United States
The docket/reference number is KEN-133.
      The phone number is 412-694-7285.
      The fax number is 412-227-5551.
      The email address is IPDocket@leechtishman.com

Christopher J. Owens 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.Correspondence Information (current):
      CHRISTOPHER J. OWENS
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocket@leechtishman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is KEN-133.
Correspondence Information (proposed):
      Christopher J. Owens
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocket@leechtishman.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cowens@leechtishman.com

The docket/reference number is KEN-133.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Christopher J. Owens/     Date: 03/31/2020
Signatory's Name: Christopher J. Owens
Signatory's Position: Attorney of Record, PA Bar Member

Signatory's Phone Number: 412-694-7285

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    CHRISTOPHER J. OWENS
   LEECH TISHMAN FUSCALDO & LAMPL
   
   525 WILLIAM PENN PLACE, 28TH FLOOR
   PITTSBURGH, Pennsylvania 15219
Mailing Address:    Christopher J. Owens
   LEECH TISHMAN FUSCALDO & LAMPL
   525 WILLIAM PENN PLACE, 28TH FLOOR
   PITTSBURGH, Pennsylvania 15219
        
Serial Number: 88275183
Internet Transmission Date: Tue Mar 31 15:23:42 ET 2020
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XX-20200331152342097
479-88275183-7109f783a0cdea748d5d0afc9f7
b71be2fe2d957399d81697098a0919fd3117e-N/
A-N/A-20200331151930773243