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. 88284227 TFHX(Standard Characters, see http://uspto.report/TM/88284227/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 011 for Heat exchangers for chemical processing; Heat exchangers not being parts of machines
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 12/01/2018 and first used in commerce at least as early as 12/17/2018 , and is now in use in such commerce.

Proposed: Class 011 for Heat exchangers for chemical processing; Heat exchangers not being parts of machines
Deleted Filing Basis: 1(a)
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
HX appearing in the mark means or signifies or is a term of art for heat exchanger in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application. TFHX 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. The word(s) TFHX has no meaning in a foreign language.


Miscellaneous Statement
TFHX is proprietary to Makai Ocean Engineering for marking a new THIN FOIL HEAT EXCHANGER. HX and HTX are informally used in the heat exchanger industry to abbreviate heat exchanger. Makai is not aware of industry competitors using "TFHX" as a mark for THIN FOIL HEAT EXCHANGER.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_2443225156-181239042_._20190506TEASResponse.pdf
Converted PDF file(s) (6 pages)
Signature File1
Signature File2
Signature File3
Signature File4
Signature File5
Signature File6
Signatory's Name: Greg Rocheleau
Signatory's Position: Vice President
Signatory's Phone Number: 8082598871


Response Signature
Signature: /Greg Rocheleau/     Date: 05/06/2019
Signatory's Name: Greg Rocheleau
Signatory's Position: Vice President

Signatory's Phone Number: 8082598871

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88284227
Internet Transmission Date: Mon May 06 18:21:02 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019050618210228
7249-88284227-620cebc4b53d4178bbeea53fe1
80d0bb6c9426ae65bc526938fd946af180a1-N/A
-N/A-20190506181239042140