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 |
88320627 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/88320627/mark.png |
| LITERAL ELEMENT |
MOTEK |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "MOTEK" written in an uppercase font. There are three arrows pointing towards the viewers right, with the
first arrow extending into the wording "MOTEK". |
| ARGUMENT(S) |
| lease see the actual argument text attached within the Evidence section. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_741352196-20190909151355409918_._Attachment_A.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0002.JPG |
| ORIGINAL PDF FILE |
evi_741352196-20190909151355409918_._Attachment_B.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0003.JPG |
| ORIGINAL PDF FILE |
evi_741352196-20190909151355409918_._Hymark_11790_F.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\206\88320627\xml6\ROA0010.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Response to 2(d) refusal and associated attachments including answers to request for information. |
| GOODS AND/OR SERVICES SECTION (class deleted) |
| GOODS AND/OR SERVICES SECTION (class added) Original Class (008) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
instruments for measuring lengths; electronic slide calipers |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 01/15/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 01/15/2019 |
| ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the stylized wording "MOTEK", with "M" being shaded, the letters "OTEK" appearing on a shaded background which culminates
in a rightward pointing arrow, with "O" being shaded and forming the left end of the design, with the interior of the "O" being unshaded, and "TEK" being unshaded. To the right of the design are two
shaded stylized arrow designs. |
| ATTORNEY SECTION (new) |
| NAME |
Bryce D. Miracle |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
MIRACLE IP, Ltd. |
| STREET |
1020 Dennison Ave, 101 |
| CITY |
Columbus |
| STATE |
Ohio |
| POSTAL CODE |
43201 |
| COUNTRY |
United States |
| PHONE |
614-459-8000 |
| EMAIL |
bryce@miracle-law.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MOTEK |
| CORRESPONDENCE SECTION (current) |
| NAME |
JEREMY CURFMAN |
| FIRM NAME |
HYMARK LTD CO |
| STREET |
427 BARK COVE |
| CITY |
OWENSBORO |
| STATE |
Kentucky |
| POSTAL CODE |
42303 |
| COUNTRY |
US |
| PHONE |
614-321-4506 |
| EMAIL |
jeremy.curfman@hymark.net |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Bryce D. Miracle |
| FIRM NAME |
MIRACLE IP, Ltd. |
| STREET |
1020 Dennison Ave, 101 |
| CITY |
Columbus |
| STATE |
Ohio |
| POSTAL CODE |
43201 |
| COUNTRY |
United States |
| PHONE |
614-459-8000 |
| EMAIL |
bryce@miracle-law.com; info@miracle-law.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
MOTEK |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Bryce D. Miracle/ |
| SIGNATORY'S NAME |
Bryce D. Miracle |
| SIGNATORY'S POSITION |
Attorney of Record, OH |
| SIGNATORY'S PHONE NUMBER |
6114-459-8000 |
| DATE SIGNED |
09/09/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Sep 09 15:38:46 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XX-20
190909153846341179-883206
27-610a22b1a41b236fd1fea7
a7c7aaee70f455f1f8358d80a
6cae12fd1bfe742d-N/A-N/A-
20190909151355409918 |
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.
88320627 MOTEK (Stylized and/or with Design, see http://uspto.report/TM/88320627/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
lease see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Response to 2(d) refusal and associated attachments including answers to request for information. has been attached.
Original PDF file:
evi_741352196-20190909151355409918_._Attachment_A.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_741352196-20190909151355409918_._Attachment_B.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_741352196-20190909151355409918_._Hymark_11790_F.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 hereby deletes the following class of goods/services from the application.
Class 008 for measuring devices, motion control and industrial products
Applicant hereby adds the following class of goods/services to the application:
New: Class 009 (Original Class: 008 ) for instruments for measuring lengths; electronic slide calipers
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 01/15/2019 and first used in commerce at least as early as 01/15/2019 , and is now in use in such
commerce.
The applicant hereby appoints Bryce D. Miracle. Bryce D. Miracle of MIRACLE IP, Ltd., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
1020 Dennison Ave, 101
Columbus, Ohio 43201
United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is MOTEK.
The phone number is 614-459-8000.
The email address is bryce@miracle-law.com
Bryce D. Miracle 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: JEREMY CURFMAN. JEREMY CURFMAN of HYMARK LTD CO, is located at
427 BARK COVE
OWENSBORO, Kentucky 42303
US
The phone number is 614-321-4506.
The email address is jeremy.curfman@hymark.net
The applicants proposed correspondence information: Bryce D. Miracle. Bryce D. Miracle of MIRACLE IP, Ltd., is located at
1020 Dennison Ave, 101
Columbus, Ohio 43201
United States
The docket/reference number is MOTEK.
The phone number is 614-459-8000.
The email address is bryce@miracle-law.com; info@miracle-law.com
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "MOTEK", with "M" being shaded, the letters "OTEK" appearing on a shaded background which culminates in a rightward pointing arrow, with "O" being shaded and
forming the left end of the design, with the interior of the "O" being unshaded, and "TEK" being unshaded. To the right of the design are two shaded stylized arrow designs.
SIGNATURE(S)
Response Signature
Signature: /Bryce D. Miracle/ Date: 09/09/2019
Signatory's Name: Bryce D. Miracle
Signatory's Position: Attorney of Record, OH
Signatory's Phone Number: 6114-459-8000
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: JEREMY CURFMAN
HYMARK LTD CO
427 BARK COVE
OWENSBORO, Kentucky 42303
Mailing Address: Bryce D. Miracle
MIRACLE IP, Ltd.
1020 Dennison Ave, 101
Columbus, Ohio 43201
Serial Number: 88320627
Internet Transmission Date: Mon Sep 09 15:38:46 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190909153846341
179-88320627-610a22b1a41b236fd1fea7a7c7a
aee70f455f1f8358d80a6cae12fd1bfe742d-N/A
-N/A-20190909151355409918
