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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88299672 |
LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
MARK SECTION |
MARK |
http://uspto.report/TM/88299672/mark.png |
LITERAL ELEMENT |
UPTEC |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_248913134-20191002152955660017_._tgmb_8876_20191002_nfoa_resp.pdf |
CONVERTED PDF FILE(S)
(8 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0005.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0008.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\996\88299672\xml5\ROA0009.JPG |
DESCRIPTION OF EVIDENCE FILE |
actual arguments attached as .pdf |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
temperature controllers for controlling cooling or heating elements; design and development of software and hardware for producing,
recording and processing digital and analogue signals |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
temperature controllers for controlling cooling or heating elements; design
and development of software and hardware for producing, recording and processing digital and analogue signals |
FINAL DESCRIPTION |
temperature controllers for controlling cooling or heating elements |
FILING BASIS |
Section 1(b) |
ATTORNEY SECTION (current) |
NAME |
Harris A. Wolin |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
MYERS WOLIN, LLC |
INTERNAL ADDRESS |
WEST TOWER, FLOOR 7 |
STREET |
100 HEADQUARTERS PLAZA |
CITY |
MORRISTOWN |
STATE |
New Jersey |
POSTAL CODE |
07960 |
COUNTRY |
US |
PHONE |
973-828-1284 |
FAX |
866-864-3947 |
EMAIL |
tm@myerswolin.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TGMB 8876 |
ATTORNEY SECTION (proposed) |
NAME |
Harris A. Wolin |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MYERS WOLIN, LLC |
INTERNAL ADDRESS |
WEST TOWER, FLOOR 7 |
STREET |
100 HEADQUARTERS PLAZA |
CITY |
MORRISTOWN |
STATE |
New Jersey |
POSTAL CODE |
07960 |
COUNTRY |
United States |
PHONE |
973-828-1284 |
FAX |
866-864-3947 |
EMAIL |
tm@myerswolin.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TGMB 8876 |
OTHER APPOINTED ATTORNEY |
Brian Myers, Daniel Gross, Hay Yeung Cheung, Lori P. Hager |
CORRESPONDENCE SECTION (current) |
NAME |
HARRIS A. WOLIN |
FIRM NAME |
MYERS WOLIN, LLC |
INTERNAL ADDRESS |
WEST TOWER, FLOOR 7 |
STREET |
100 HEADQUARTERS PLAZA |
CITY |
MORRISTOWN |
STATE |
New Jersey |
POSTAL CODE |
07960 |
COUNTRY |
US |
PHONE |
973-828-1284 |
FAX |
866-864-3947 |
EMAIL |
tm@myerswolin.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TGMB 8876 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Harris A. Wolin |
FIRM NAME |
MYERS WOLIN, LLC |
INTERNAL ADDRESS |
WEST TOWER, FLOOR 7 |
STREET |
100 HEADQUARTERS PLAZA |
CITY |
MORRISTOWN |
STATE |
New Jersey |
POSTAL CODE |
07960 |
COUNTRY |
United States |
PHONE |
973-828-1284 |
FAX |
866-864-3947 |
EMAIL |
tm@myerswolin.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
TGMB 8876 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Harris A. Wolin/ |
SIGNATORY'S NAME |
Harris A. Wolin |
SIGNATORY'S POSITION |
Attorney of record, New Jersey bar member |
SIGNATORY'S PHONE NUMBER |
973-828-1284 |
DATE SIGNED |
10/02/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Oct 02 15:34:26 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
191002153426983482-882996
72-610e63a9796da514530bea
627ecc759728eef751667dc6c
8b64c1ce51af5da7cb7-N/A-N
/A-20191002152955660017 |
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.
88299672 UPTEC(Standard Characters, see http://uspto.report/TM/88299672/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 in the nature of actual arguments attached as .pdf has been attached.
Original PDF file:
evi_248913134-20191002152955660017_._tgmb_8876_20191002_nfoa_resp.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for temperature controllers for controlling cooling or heating elements; design and development of software and hardware for producing, recording and processing digital and
analogue signals
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: temperature controllers for controlling cooling or heating elements;
design and development of software and
hardware for producing, recording and processing digital and analogue signalsClass 009 for temperature controllers for controlling cooling or heating elements
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: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
US
The docket/reference number is TGMB 8876.
The phone number is 973-828-1284.
The fax number is 866-864-3947.
The email address is tm@myerswolin.com
The applicants proposed attorney information: Harris A. Wolin. Other appointed attorneys are Brian Myers, Daniel Gross, Hay Yeung Cheung, Lori P. Hager. Harris A. Wolin of MYERS WOLIN, LLC, is a
member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
United States
The docket/reference number is TGMB 8876.
The phone number is 973-828-1284.
The fax number is 866-864-3947.
The email address is tm@myerswolin.com
Harris A. Wolin 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: HARRIS A. WOLIN. HARRIS A. WOLIN of MYERS WOLIN, LLC, is located at
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
US
The docket/reference number is TGMB 8876.
The phone number is 973-828-1284.
The fax number is 866-864-3947.
The email address is tm@myerswolin.com
The applicants proposed correspondence information: Harris A. Wolin. Harris A. Wolin of MYERS WOLIN, LLC, is located at
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
United States
The docket/reference number is TGMB 8876.
The phone number is 973-828-1284.
The fax number is 866-864-3947.
The email address is tm@myerswolin.com
SIGNATURE(S)
Response Signature
Signature: /Harris A. Wolin/ Date: 10/02/2019
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of record, New Jersey bar member
Signatory's Phone Number: 973-828-1284
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: HARRIS A. WOLIN
MYERS WOLIN, LLC
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
Mailing Address: Harris A. Wolin
MYERS WOLIN, LLC
WEST TOWER, FLOOR 7
100 HEADQUARTERS PLAZA
MORRISTOWN, New Jersey 07960
Serial Number: 88299672
Internet Transmission Date: Wed Oct 02 15:34:26 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191002153426983
482-88299672-610e63a9796da514530bea627ec
c759728eef751667dc6c8b64c1ce51af5da7cb7-
N/A-N/A-20191002152955660017