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. 88314090 PL (Stylized and/or with Design, see http://uspto.report/TM/88314090/mark.png) has been amended as follows:

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



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Screw pumps; Rotary lobe pumps; Screw pumps; Centrifugal pumps for dosing; Controlled volume pumps; Electrical pumps; Pneumatic pumps; Pumps being machines; Pumps (parts of machines, engines or motors); Valves in the form of parts for pumps; Piston pumps; Diaphgram pumps; Pump systems; Industrial crushing machines; Rotary crushing machines; Rammers, Crushing machines, Rammers in the form of machines; Shredders for industrial use; Control mechanisms for machines, engines or motors; Positive displacement pumps; Multi-phase screw spindle pumps; Mills in the form of machines; Grinding machines, in particular ball mills; Motors, other than for land vehicles; Machine coupling and transmission components other than for land vehicles; Agitators; filters, being parts for machines or engines; Strainers being machines or machine parts; Separating machines; Sealing joints (parts of motors and engines); Sealing gaskets of metal; Non-metallic gaskets; Rotor arms for machines; Stators in the form of parts for machines; Transmission shafts, other than for land vehicles; Crankcases for machines, motors and engines; Machines for emptying containers; Cutting tools being power-operated; Electric machines for mixing liquids, powders, paints, lacquers, adhesives, foodstuffs; Filling machines; Machines for bottling liquids, powders, paints, lacquers, adhesives, foodstuffs; Machines for dosing liquids, powders, paints, lacquers, adhesives, foodstuffs; Fluid energy mills; Exhausters being suction ventilators; Centrifuges in the form of machines; Homogenizors; Machines for manufacturing and processing chocolate, namely, coating machines, mechanical mass pumps, decorating machines, strewing and sprinkling machines, deflection conveyor belts, conveyors (machines), casting and modelling machines, and parts for the aforesaid machines; Machines for briquetting, compacting, compressing, pelletising and granulating powdery, granular, pasty and slurried products; Powder treatment and processing installations and equipment; Granulators, Air separators, Classifiers, Air jigs, Sifting machines, Dust separators, Mechanical discharge apparatus; Mechanical apparatus and devices for stirring, mixing, pureeing, dicing, chopping, pressing, squeezing, reducing and sorting solids, sludge, pulpy masses and viscose materials; Controls (Hydraulic -) for machines, motors and engines; Hydraulic valves; Hydraulic pumps; Hydraulic circuits for machines; Hydraulic lift tables; Hydraulic lifting blocks; Couplings other than for land vehicles; Hydraulic motor controls; Agitators for chemical processing; Cyclone separators; Bearing rod ends; Propeller shafts; Rotary pistons in the form of parts for machines and pumps; Spindles in the form of parts for machines and pumps
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 016238743 registered 06/08/2017 with a renewal date of __________ and an expiration date of 01/10/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Screw pumps; Rotary lobe pumps; Screw pumps; Centrifugal pumps for dosing; Controlled volume pumps; Electrical pumps; Pneumatic pumps; Pumps for machines; Pumps being machines; Pumps as parts of machines, engines or motors; Pumps (parts of machines, engines or motors); Valves in the form of parts for pumps; Pistons pumps in the nature of positive displacement pumps; Piston pumps; Diaphgram pumps in the nature of positive displacement pumps; Diaphgram pumps; Pneumatic pump systems comprised of pneumatic pumps, pneumatic pump controllers, nozzels, tubing and valves; Pump systems; Industrial crushing machines; Rotary crushing machines for industrial purposes; Rotary crushing machines; Rammers being machines; Rammers, Crushing machines, Rammers in the form of machines; Crushing machines for¶
industrial purposes; Rammers in the form of machines; Control mechanisms for machines, engines or motors; Shredders for industrial use; Pneumatic control mechanisms for machines, engines or motors; Positive displacement pumps; Multi-phase screw spindle pumps; Mills in the form of machines; Grinding machines, in particular ball mills; Motors, other than for land vehicles; Agitators; Machine coupling and transmission components other than for land vehicles; filters, being parts for machines or engines; Agitator pumps for machines; Strainers being machines or machine parts; Filters, being parts for industrial machines or engines; Separating machines; Strainers being¶
machines or machine parts; Sealing joints (parts of motors and engines); Separating machines for chemical processing; Sealing gaskets of metal; Sealing joints as parts of motors and engines; Non-metallic gaskets; Sealing gaskets of metal as parts of machines; Non-metallic gaskets as parts of machines; Rotor arms for machines; Stators in the form of parts for machines; Transmission shafts, other than for land vehicles; Machines for emptying containers; Crankcases for machines, motors and engines; Cutting tools being power-operated; Machines for emptying¶
containers; Cutting tools being power-operated, namely, drills, routers, circular saws; Electric machines for mixing liquids, powders, paints, lacquers, adhesives, foodstuffs; Filling machines; Machines for bottling liquids, powders, paints, lacquers, adhesives, foodstuffs; Fluid energy mills; Machines for dosing liquids, powders, paints, lacquers, adhesives, foodstuffs; Exhausters being suction ventilators; Fluid energy milling machines; Exhausters for motors and engines being suction ventilators; Homogenizors; Centrifuges in the form of machines; Machines for manufacturing and processing chocolate, namely, coating machines, mechanical mass pumps, decorating machines, strewing and sprinkling machines, deflection conveyor belts, conveyors (machines), casting and modelling machines, and parts for the aforesaid machines; Homogenizors in the nature of milk homogenizing machines; Machines for manufacturing and processing chocolate, namely, coating machines, mechanical mass pumps, decorating machines, strewing and sprinkling machines, deflection conveyor belts, conveyors for machines, casting and modelling machines, and parts for the aforesaid machines; Powder treatment and processing installations and equipment; Machines for briquetting, compacting, compressing, pelletising and granulating powdery, granular, pasty and slurried products; Granulators, Air separators, Classifiers, Air jigs, Sifting machines, Dust separators, Mechanical discharge apparatus; Powder treatment and processing installations and equipment, namely, machines for making beverages from powders; Mechanical apparatus and devices for stirring, mixing, pureeing, dicing, chopping, pressing, squeezing, reducing and sorting solids, sludge, pulpy masses and viscose materials; Granulating machines for chemical processing; Controls (Hydraulic -) for machines, motors and engines; Air separators, classifiers, air jigs, sifting machines, dust separators, mechanical discharge apparatus, all being separating machines for chemical processing; Hydraulic valves; Mechanical apparatus and devices in the nature of machines for chemical processing for stirring, mixing, pureeing, dicing, chopping, pressing,¶
squeezing, reducing and sorting solids, sludge, pulpy masses and viscose materials; Hydraulic controls for machines, motors and engines; Hydraulic circuits for machines; Hydraulic valves for pumps; Hydraulic pumps; Hydraulic lifting blocks; Hydraulic circuits as parts of machines; Couplings other than for land vehicles; Hydraulic lift tables; Hydraulic lifting blocks as parts of machines; Couplings for machines, other than for land vehicles; Hydraulic motor controls; Bearing rod ends; Agitators for chemical processing; Propeller shafts; Cyclone separators; Bearing rod ends, as parts of machines; Propeller shafts being parts of machines, other than for land vehicles; Rotary pistons in the form of parts for machines and pumps; Spindles in the form of parts for machines and pumpsClass 007 for Screw pumps; Rotary lobe pumps; Centrifugal pumps for dosing; Controlled volume pumps; Electrical pumps; Pneumatic pumps; Pumps for machines; Pumps as parts of machines, engines or motors; Valves in the form of parts for pumps; Pistons pumps in the nature of positive displacement pumps; Diaphgram pumps in the nature of positive displacement pumps; Pneumatic pump systems comprised of pneumatic pumps, pneumatic pump controllers, nozzels, tubing and valves; Industrial crushing machines; Rotary crushing machines for industrial purposes; Rammers being machines; Crushing machines for industrial purposes; Rammers in the form of machines; Shredders for industrial use; Pneumatic control mechanisms for machines, engines or motors; Positive displacement pumps; Multi-phase screw spindle pumps; Mills in the form of machines; Grinding machines, in particular ball mills; Motors, other than for land vehicles; Machine coupling and transmission components other than for land vehicles; Agitator pumps for machines; Filters, being parts for industrial machines or engines; Strainers being machines or machine parts; Separating machines for chemical processing; Sealing joints as parts of motors and engines; Sealing gaskets of metal as parts of machines; Non-metallic gaskets as parts of machines; Rotor arms for machines; Stators in the form of parts for machines; Transmission shafts, other than for land vehicles; Crankcases for machines, motors and engines; Machines for emptying containers; Cutting tools being power-operated, namely, drills, routers, circular saws; Electric machines for mixing liquids, powders, paints, lacquers, adhesives, foodstuffs; Filling machines; Machines for bottling liquids, powders, paints, lacquers, adhesives, foodstuffs; Machines for dosing liquids, powders, paints, lacquers, adhesives, foodstuffs; Fluid energy milling machines; Exhausters for motors and engines being suction ventilators; Centrifuges in the form of machines; Homogenizors in the nature of milk homogenizing machines; Machines for manufacturing and processing chocolate, namely, coating machines, mechanical mass pumps, decorating machines, strewing and sprinkling machines, deflection conveyor belts, conveyors for machines, casting and modelling machines, and parts for the aforesaid machines; Machines for briquetting, compacting, compressing, pelletising and granulating powdery, granular, pasty and slurried products; Powder treatment and processing installations and equipment, namely, machines for making beverages from powders; Granulating machines for chemical processing; Air separators, classifiers, air jigs, sifting machines, dust separators, mechanical discharge apparatus, all being separating machines for chemical processing; Mechanical apparatus and devices in the nature of machines for chemical processing for stirring, mixing, pureeing, dicing, chopping, pressing, squeezing, reducing and sorting solids, sludge, pulpy masses and viscose materials; Hydraulic controls for machines, motors and engines; Hydraulic valves for pumps; Hydraulic pumps; Hydraulic circuits as parts of machines; Hydraulic lift tables; Hydraulic lifting blocks as parts of machines; Couplings for machines, other than for land vehicles; Hydraulic motor controls; Agitators for chemical processing; Cyclone separators; Bearing rod ends, as parts of machines; Propeller shafts being parts of machines, other than for land vehicles; Rotary pistons in the form of parts for machines and pumps; Spindles in the form of parts for machines and pumps
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 016238743 registered 06/08/2017 with a renewal date of __________ and an expiration date of 01/10/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technology research; Project studies (Technical-); Research and development of new products; Design of computer systems; Material testing; Scientific laboratory services; Mechanical research, conducting of technical measurements; Consultancy in the field of technical and scientific measurements and analysis; Design and development of computers and software; Installation, maintenance and repair of software; Software as a service (SaaS); Engineering relating to the planning, development, project planning and manufacture of components and installations for the food, beverage and tobacco industries, mechanical process engineering and for laboratory use; Animation design for others; Animation and special-effects design for others
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 016238743 registered 06/08/2017 with a renewal date of __________ and an expiration date of 01/10/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Technology research; Technology research in the field of industrial machines; Project studies (Technical-); Technical project studies, namely,¶
consulting in the field of IT project management; Research and development of new products; Design of computer systems; Design of on-line computer software systems; Material testing; Scientific laboratory services; Mechanical research, conducting of technical measurements; Mechanical research, namely, conducting of technical measurements; Consultancy in the field of technical and scientific measurements and analysis; Scientific and technological services, namely, consultancy in the field of technical and scientific measurements and analysis in the field ofindustrial machines; Design and development of computers and software; Design and development of computers and computer software for others; Installation, maintenance and repair of software; Installation, maintenance and repair of computer software; Software as a service (SaaS); Software as a service (SaaS) services featuring software for industrial machines; Engineering relating to the planning, development, project planning and manufacture of components and installations for the food, beverage and tobacco industries, mechanical process engineering and for laboratory use; Engineering relating to the planning, development, project planning and manufacture of components and installations for the food, beverage and tobacco industries; mechanical process engineering for laboratory use; Animation design for others; Animation and special-effects design for othersClass 042 for Technology research in the field of industrial machines; Technical project studies, namely, consulting in the field of IT project management; Research and development of new products; Design of on-line computer software systems; Material testing; Scientific laboratory services; Mechanical research, namely, conducting of technical measurements; Scientific and technological services, namely, consultancy in the field of technical and scientific measurements and analysis in the field ofindustrial machines; Design and development of computers and computer software for others; Installation, maintenance and repair of computer software; Software as a service (SaaS) services featuring software for industrial machines; Engineering relating to the planning, development, project planning and manufacture of components and installations for the food, beverage and tobacco industries; mechanical process engineering for laboratory use; Animation design for others; Animation and special-effects design for others
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 016238743 registered 06/08/2017 with a renewal date of __________ and an expiration date of 01/10/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Marijan Hucke. Marijan Hucke of HUCKE & SCHUBERT, is located at

      1732 1ST AVE STE 27500
      NEW YORK, New York 10128
      US
The docket/reference number is 01022.

The phone number is 646-396-0410.

The fax number is 6463960411.

The email address is m.hucke@huckelaw.com

The applicants proposed attorney information: Marijan Hucke. Marijan Hucke of HUCKE & SCHUBERT, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1732 1ST AVE STE 27500
      NEW YORK, New York 10128
      United States
The docket/reference number is 01022.

The phone number is 646-396-0410.

The fax number is 6463960411.

The email address is m.hucke@huckelaw.com

Marijan Hucke 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: MARIJAN HUCKE. MARIJAN HUCKE of HUCKE & SCHUBERT, is located at

      1732 1ST AVE STE 27500
      NEW YORK, New York 10128
      US
The docket/reference number is 01022.

The phone number is 646-396-0410.

The fax number is 6463960411.

The email address is m.hucke@huckelaw.com; e.sal@huckelaw.com

The applicants proposed correspondence information: Marijan Hucke. Marijan Hucke of HUCKE & SCHUBERT, is located at

      1732 1ST AVE STE 27500
      NEW YORK, New York 10128
      United States
The docket/reference number is 01022.

The phone number is 646-396-0410.

The fax number is 6463960411.

The email address is m.hucke@huckelaw.com; e.sal@huckelaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the wording "PL" in stylized font.

SIGNATURE(S)
Response Signature
Signature: /MARIJAN HUCKE/     Date: 11/15/2019
Signatory's Name: Marijan Hucke
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 646-396-0410

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:    MARIJAN HUCKE
   HUCKE & SCHUBERT
   
   1732 1ST AVE STE 27500
   NEW YORK, New York 10128
Mailing Address:    Marijan Hucke
   HUCKE & SCHUBERT
   1732 1ST AVE STE 27500
   NEW YORK, New York 10128
        
Serial Number: 88314090
Internet Transmission Date: Thu Nov 14 19:48:35 EST 2019
TEAS Stamp: USPTO/ROA-XX.X.X.XXX-2019111419483530362
5-88314090-7007ac44d8f9a939ab4b182e742fa
f47a3572235a21769ecf8938b0556cf7ff4c46-N
/A-N/A-20191114184434061063