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. 88301444 GOOD TO GO(Standard Characters, see http://uspto.report/TM/88301444/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of a fully-responsive reply has been attached.
Original PDF file:
evi_722403678-20191101180757790689_._228613_OA_response.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Extendable component warning system having software inside hardware; Device for monitoring position and location of extendable component on equipment or machinery using computers and sensors; Device for monitoring raised or lowered position of dump box on dump trunk; Position monitoring and signaling system for heavy equipment and vehicles; Position monitoring and signaling system for heavy equipment and vehicles using electrical signals to indicate the position of an extendable component on equipment including snow plows, dump trucks, and packers; Alarm system for heavy equipment, machinery, and vehicle
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1945777 filed 02/12/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Extendable component warning system having software inside hardware; Extendable component warning system comprised of sensors for detecting raised or lowered positions of extendable components, hardware and software for internally alerting the driver to the positioning of the extendable component and externally communicating to any 3rd party Telematics, GPS, or AVL device or software system; Device for monitoring position and location of extendable component on equipment or machinery using computers and sensors; Device consisting of computers and sensors for monitoring position and location of extendable components on vehicles and heavy equipment, namely, lift bucket on utility vehicle, lift arms on garbage truck, bucket on excavator, booms on cranes, drillers, concrete throwers, extension ladder on emergency vehicles; Device for monitoring raised or lowered position of dump box on dump trunk; Position monitoring and signaling system for heavy equipment and vehicles; Position monitoring and signaling system for heavy equipment and vehicles comprised of sensors and software for monitoring the position of extendable components on the equipment and vehicles, and devices for notifying the user of this position data; Position monitoring and signaling system for heavy equipment and vehicles using electrical signals to indicate the position of an extendable component on equipment including snow plows, dump trucks, and packers; Position monitoring and signaling system comprised of sensors and electronic signals for vehicles and heavy equipment using electrical signals to indicate the position of an extendable component on equipment including excavators, dump trucks, emergency and utility vehicles, cranes and packers; Alarm system for heavy equipment, machinery, and vehicleClass 009 for Extendable component warning system comprised of sensors for detecting raised or lowered positions of extendable components, hardware and software for internally alerting the driver to the positioning of the extendable component and externally communicating to any 3rd party Telematics, GPS, or AVL device or software system; Device consisting of computers and sensors for monitoring position and location of extendable components on vehicles and heavy equipment, namely, lift bucket on utility vehicle, lift arms on garbage truck, bucket on excavator, booms on cranes, drillers, concrete throwers, extension ladder on emergency vehicles; Device for monitoring raised or lowered position of dump box on dump trunk; Position monitoring and signaling system for heavy equipment and vehicles comprised of sensors and software for monitoring the position of extendable components on the equipment and vehicles, and devices for notifying the user of this position data; Position monitoring and signaling system comprised of sensors and electronic signals for vehicles and heavy equipment using electrical signals to indicate the position of an extendable component on equipment including excavators, dump trucks, emergency and utility vehicles, cranes and packers
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1945777 filed 02/12/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for Safety alarm system for vehicles and heavy equipment for warning against raised position of extendable components on vehicles
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1945777 filed 02/12/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant hereby appoints Michael E. Dockins. Other appointed attorneys are Doug Miller, Bill Clemens, Bill Ziehler, Scott Seaman, Kristen Fries, Abdurrahman Mustapha. Michael E. Dockins of SHUMAKER LOOP & KENDRICK, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1000 Jackson St.
      Toledo, Ohio 43604
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 228613.

The phone number is 419-321-1473.

The fax number is 419-241-6894.

The email address is mdockins@shumaker.com

Michael E. Dockins 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: . , is located at

      
      ,

The applicants proposed correspondence information: Michael E. Dockins. Michael E. Dockins of SHUMAKER LOOP & KENDRICK, is located at

      1000 Jackson St.
      Toledo, Ohio 43604
      United States
The docket/reference number is 228613.

The phone number is 419-321-1473.

The fax number is 419-241-6894.

The email address is mdockins@shumaker.com; hpeppard@shumaker.com; tlopez@shumaker.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Michael E. Dockins/      Date: 11/01/2019
Signatory's Name: Michael E. Dockins
Signatory's Position: Attorney for applicant
Signatory's Phone Number: 4193211473


Response Signature
Signature: /Michael E. Dockins/     Date: 11/01/2019
Signatory's Name: Michael E. Dockins
Signatory's Position: Attorney for applicant

Signatory's Phone Number: 4193211473

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:    
   
   
   
   ,
Mailing Address:    Michael E. Dockins
   SHUMAKER LOOP & KENDRICK
   1000 Jackson St.
   Toledo, Ohio 43604
        
RAM Sale Number: 88301444
RAM Accounting Date: 11/01/2019
        
Serial Number: 88301444
Internet Transmission Date: Fri Nov 01 18:11:59 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191101181159397
132-88301444-700cc2823c3bfb99db0a37f70d3
8888fb585c7767b798aec1f78647a64bd519f6-D
A-11592110-20191101180757790689