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. 88321470 LENS(Standard Characters, see http://uspto.report/TM/88321470/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 PDF attachment for argument has been attached.
Original PDF file:
evi_3867194146-20191112153111107548_._LENS_Response_Nov2019.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and structure of molecules and particles; scientific and laboratory instruments for the analysis of the viscosity of liquids, suspensions and solutions; Detectors for measuring the viscosity, intrinsic viscosity, molecular weight, molecular weight distribution, and concentration of chemicals; light scattering detectors
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: Scientific and laboratory instruments for the analysis of the concentration, molecular weight, size and structure of molecules and particles; Laboratory instruments and computers for the analysis of the molecular weight, molecular weight distribution, size, and structure of molecules and particles; scientific and laboratory instruments for the analysis of the viscosity of liquids, suspensions and solutions; Detectors for measuring the molecular weight, molecular weight distribution, size, and structure of chemicals; Detectors for measuring the viscosity, intrinsic viscosity, molecular weight, molecular weight distribution, and concentration of chemicals; light scattering detectorsClass 009 for Laboratory instruments and computers for the analysis of the molecular weight, molecular weight distribution, size, and structure of molecules and particles; Detectors for measuring the molecular weight, molecular weight distribution, size, and structure of chemicals; light scattering detectors
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: Richard M. Klein. Richard M. Klein of FAY SHARPE LLP, is located at

      THE HALLE BUILDING
      1228 EUCLID AVE, FIFTH FLOOR
      CLEVELAND, Ohio 44115
      US
The docket/reference number is TOSB5006US01.

The phone number is 216-363-9000 x121.

The fax number is 216-363-9001.

The email address is rklein@faysharpe.com

The applicants proposed attorney information: Richard M. Klein. Other appointed attorneys are George P. Huang. Richard M. Klein of FAY SHARPE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      THE HALLE BUILDING
      1228 EUCLID AVE, FIFTH FLOOR
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is TOSB5006US01.

The phone number is 216-363-9000 x121.

The fax number is 216-363-9001.

The email address is rklein@faysharpe.com

Richard M. Klein 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: RICHARD M. KLEIN. RICHARD M. KLEIN of FAY SHARPE LLP, is located at

      THE HALLE BUILDING
      1228 EUCLID AVE, FIFTH FLOOR
      CLEVELAND, Ohio 44115
      US
The docket/reference number is TOSB5006US01.

The phone number is 216-363-9000 x121.

The fax number is 216-363-9001.

The email address is rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com

The applicants proposed correspondence information: Richard M. Klein. Richard M. Klein of FAY SHARPE LLP, is located at

      THE HALLE BUILDING
      1228 EUCLID AVE, FIFTH FLOOR
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is TOSB5006US01.

The phone number is 216-363-9000 x121.

The fax number is 216-363-9001.

The email address is rklein@faysharpe.com; lkalemba@faysharpe.com; docketing@faysharpe.com; ghuang@faysharpe.com; pmcadoo@faysharpe.com

SIGNATURE(S)
Response Signature
Signature: /Richard M. Klein/     Date: 11/12/2019
Signatory's Name: Richard M. Klein
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 216-363-9121

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:    RICHARD M. KLEIN
   FAY SHARPE LLP
   THE HALLE BUILDING
   1228 EUCLID AVE, FIFTH FLOOR
   CLEVELAND, Ohio 44115
Mailing Address:    Richard M. Klein
   FAY SHARPE LLP
   THE HALLE BUILDING
   1228 EUCLID AVE, FIFTH FLOOR
   CLEVELAND, Ohio 44115
        
Serial Number: 88321470
Internet Transmission Date: Tue Nov 12 15:38:43 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019111215384324
3787-88321470-7006945b43eac5a172fdb96aea
dcdcb9dd2b862b4620579defb15fed2168747da5
-N/A-N/A-20191112153111107548