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. 88288045 OCTOPUS(Standard Characters, see http://uspto.report/TM/88288045/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to the office action has been attached.
Original PDF file:
evi_1041801394-20190925203630318466_._OCTOPUS_OAR_-_9-18-2019.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Machinery and vehicle components, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, skateboard bearings, powersports bearings, wheel bearings, differential bearings, insert bearings, bearings for agricultural machinery, automotive bearings for wheel hubs, wheel bearings, belts, differential bearings, swing bearings, pinion bearings, and shock bearings; vehicle components, namely, engines, body parts, batteries, axles, brakes, radiator, tires, and transmissions; appliances parts for washers, dryers, refrigerators, ovens, microwaves, air conditioners, dishwashers, blenders, food processors, vacuums, and freezers; roller chains for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, and forklifts; sprockets for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, and forklifts; seals for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, forklifts, washing machines, and dryers
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: Machinery and vehicle components, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, skateboard bearings, powersports bearings, wheel bearings, differential bearings, insert bearings, bearings for agricultural machinery, automotive bearings for wheel hubs, wheel bearings, belts, differential bearings, swing bearings, pinion bearings, and shock bearings; Machine parts, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, differential bearings, insert bearings, swing bearings, pinion bearings, and shock bearings; vehicle components, namely, engines, body parts, batteries, axles, brakes, radiator, tires, and transmissions; Vehicle engine components, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, differential bearings, insert bearings, swing bearings, pinion bearings, and shock bearings; appliances parts for washers, dryers, refrigerators, ovens, microwaves, air conditioners, dishwashers, blenders, food processors, vacuums, and freezers; Bearings as parts of agricultural machinery, namely, tractors, backhoes, mowers, cultivators, seeders, tillers, harvesters, sprayers, plows, planters, and combines; roller chains for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, and forklifts; Belts, namely, belts for engines and belts for conveyors; sprockets for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, and forklifts; Appliance parts for washing machines, dishwashers, electric food blenders, electric food processors, and vacuum cleaners, namely, couplings, springs, pumps, clutches, valves, motors, handles, fuses, filters, pipes, sockets, control knobs, and seals such as door boot seals and tub seals; seals for powersport vehicles, industrial machines, karts, bicycles, combine harvesters, tractors, forklifts, washing machines, and dryers; Roller chains being parts of industrial machines, combine harvesters, and power-operated lifting and moving equipment; Sprockets as parts of industrial machines, combine harvesters, and power-operated lifting and moving equipment; Engine seals for use in land vehicle engines, namely, engines of power sport vehicles, go-karts, tractors and bicycles, namely, mechanical seals and oil seals; and¶
Seals as parts for industrial machines, combine harvesters, and power-operated lifting and moving equipment, namely, mechanical seals and oil seals.Class 007 for Machine parts, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, differential bearings, insert bearings, swing bearings, pinion bearings, and shock bearings; Vehicle engine components, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, differential bearings, insert bearings, swing bearings, pinion bearings, and shock bearings; Bearings as parts of agricultural machinery, namely, tractors, backhoes, mowers, cultivators, seeders, tillers, harvesters, sprayers, plows, planters, and combines; Belts, namely, belts for engines and belts for conveyors; Appliance parts for washing machines, dishwashers, electric food blenders, electric food processors, and vacuum cleaners, namely, couplings, springs, pumps, clutches, valves, motors, handles, fuses, filters, pipes, sockets, control knobs, and seals such as door boot seals and tub seals; Roller chains being parts of industrial machines, combine harvesters, and power-operated lifting and moving equipment; Sprockets as parts of industrial machines, combine harvesters, and power-operated lifting and moving equipment; Engine seals for use in land vehicle engines, namely, engines of power sport vehicles, go-karts, tractors and bicycles, namely, mechanical seals and oil seals; and Seals as parts for industrial machines, combine harvesters, and power-operated lifting and moving equipment, namely, mechanical seals and oil seals.
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 011 for Appliance parts for clothes dryers, refrigerators, cooking ovens, microwave ovens, air conditioners, freezers, range hoods, and ice machines, namely, handles, fuses, gas valve solenoids, heating elements, ignition elements, bake elements, filters, pipes, igniters, sockets, control knobs, thermistors, couplings, springs, pumps, clutches, valves, motors, and seals.
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 012 for Land vehicle parts for power sport vehicles, go-karts, tractors and bicycles, excluding engine parts, namely, ball bearings, deep-groove ball bearings, angular contact ball bearings, self-aligning ball bearings, needle roller bearings, roller bearings, thrust ball bearings, thrust roller bearings, tapered roller bearings, magnetic bearings, linear bearings, anti-friction bearings, mounted bearings, rotary bearings, telescopic bearings, linear ball bearings, flanged roller bearings, metric ball bearings, anti-friction roller bearings, radial roller bearings, differential bearings, insert bearings, swing bearings, pinion bearings, and shock bearings for wheels, wheel hubs, axles, and brakes; Belts as parts for land vehicles, namely, power sport vehicles, go-karts, tractors and bicycles, namely, belts for land vehicle transmissions and drive belts; Land vehicle components for power sport vehicles, go-karts, tractors and bicycles, namely, engines, body parts, namely, body panels and structural parts of land vehicles; Axles, brakes, radiator, tires, wheels, and transmissions; Wheel bearings as parts for land vehicles, namely, power sport vehicles, go-karts, bicycles, and tractors, excluding engine parts; Roller chains as parts for land vehicles, namely, power sport vehicles, go-karts, bicycles, and tractors, excluding engine parts; Sprockets as parts for land vehicle wheels, namely, power sport vehicles, go-karts, tractors, and bicycles; Bicycle parts, namely, sprockets; Seals as parts for land vehicles, namely, power sport vehicles, go-karts, bicycles, and tractors, namely, transmission seals.
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 028 for Ball bearings for skateboards
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: R. Joseph Trojan. R. Joseph Trojan of TROJAN LAW OFFICES, is located at

      9250 WILSHRIE BLVD., STE. 325
      BEVERLY HILLS, California 90212
      US
The docket/reference number is 18-11-8351.

The phone number is 310-777-8399.

The fax number is 310-777-8348.

The email address is trojan@trojanlawoffices.com

The applicants proposed attorney information: R. Joseph Trojan. R. Joseph Trojan of TROJAN LAW OFFICES, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      9250 WILSHRIE BLVD., STE. 325
      BEVERLY HILLS, California 90212
      United States
The docket/reference number is 18-11-8351.

The phone number is 310-777-8399.

The fax number is 310-777-8348.

The email address is trojan@trojanlawoffices.com

R. Joseph Trojan 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: R. JOSEPH TROJAN. R. JOSEPH TROJAN of TROJAN LAW OFFICES, is located at

      9250 WILSHRIE BLVD., STE. 325
      BEVERLY HILLS, California 90212
      US
The docket/reference number is 18-11-8351.

The phone number is 310-777-8399.

The fax number is 310-777-8348.

The email address is trojan@trojanlawoffices.com; speier@trojanlawoffices.com

The applicants proposed correspondence information: R. Joseph Trojan. R. Joseph Trojan of TROJAN LAW OFFICES, is located at

      9250 WILSHRIE BLVD., STE. 325
      BEVERLY HILLS, California 90212
      United States
The docket/reference number is 18-11-8351.

The phone number is 310-777-8399.

The fax number is 310-777-8348.

The email address is trojan@trojanlawoffices.com; speier@trojanlawoffices.com; roehrick@trojanlawoffices.com

FEE(S)
Fee(s) in the amount of $825 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: /R. Joseph Trojan/     Date: 09/25/2019
Signatory's Name: R. Joseph Trojan
Signatory's Position: Attorney of Record, CA BAR No. 137,067

Signatory's Phone Number: 3107778399

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:    R. JOSEPH TROJAN
   TROJAN LAW OFFICES
   
   9250 WILSHRIE BLVD., STE. 325
   BEVERLY HILLS, California 90212
Mailing Address:    R. Joseph Trojan
   TROJAN LAW OFFICES
   9250 WILSHRIE BLVD., STE. 325
   BEVERLY HILLS, California 90212
        
RAM Sale Number: 88288045
RAM Accounting Date: 09/25/2019
        
Serial Number: 88288045
Internet Transmission Date: Wed Sep 25 20:49:36 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019092520493653
4862-88288045-6103f49557c11637c343621f53
70978861c22fce0fe1fa2a8998234bf59ab6e4-C
C-49359148-20190925203630318466