Response to Office Action

ARCUS

SUMEC HARDWARE & TOOLS CO., LTD.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88322729
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88322729/mark.png
LITERAL ELEMENT ARCUS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
Please see the actual argument attached within the Evidence section.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_10418911190-20191106201336485844_._ARCUS_Office_Action_Response.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\883\227\88322729\xml6\ROA0009.JPG
DESCRIPTION OF EVIDENCE FILE arguments
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 007
DESCRIPTION
Steam cleaning machines; Mowing and reaping machines; Lawnmowers; Agricultural machinery, namely, harvesters; engines, other than for land vehicles; Chain saws; Dynamos; Electric pumps; Compressed air machines; Snow ploughs; High pressure washers; Blowing machines for the compression, exhaustion and transport of gases; Brushes being parts of machines; Sanding machines, for woodworking; Stone-working machines; Electric hammers; Power hammers; Band saws; Circular saws; Electric hand-held drills; Glue guns, electric; Power drills; Electric screwdrivers; Power-driven wrenches; Electric sanders; Power-operated angle grinders; Paint spray guns; Electric arc welding apparatus; Electric vacuum cleaners; Floor cleaning machines
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 007
TRACKED TEXT DESCRIPTION
Steam cleaning machines; Mowing and reaping machines; Lawnmowers for household purposes; Lawnmowers; Snow ploughs; Agricultural machinery, namely, harvesters; High pressure washers; engines, other than for land vehicles; Electric vacuum cleaners for household purposes; Chain saws; Floor cleaning machines for household purposes; Dynamos; Electric pumps; Compressed air machines; Blowing machines for the compression, exhaustion and transport of gases; Brushes being parts of machines; Sanding machines, for woodworking; Stone-working machines; Electric hammers; Power hammers; Band saws; Circular saws; Electric hand-held drills; Glue guns, electric; Power drills; Electric screwdrivers; Power-driven wrenches; Electric sanders; Power-operated angle grinders; Paint spray guns; Electric arc welding apparatus; Electric vacuum cleaners; Floor cleaning machines
FINAL DESCRIPTION
Steam cleaning machines; Lawnmowers for household purposes; Snow ploughs; High pressure washers; Electric vacuum cleaners for household purposes; Floor cleaning machines for household purposes
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Alex Patel
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME PATEL & ALMEIDA, P.C.
STREET 16830 VENTURA BLVD., SUITE 360
CITY ENCINO
STATE California
POSTAL CODE 91436
COUNTRY US
PHONE 818-380-1900
EMAIL notice@paiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Alex Patel
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME PATEL & ALMEIDA, P.C.
STREET 16830 VENTURA BLVD., SUITE 360
CITY ENCINO
STATE California
POSTAL CODE 91436
COUNTRY United States
PHONE 818-380-1900
EMAIL notice@paiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME ALEX PATEL
FIRM NAME PATEL & ALMEIDA, P.C.
STREET 16830 VENTURA BLVD., SUITE 360
CITY ENCINO
STATE California
POSTAL CODE 91436
COUNTRY US
PHONE 818-380-1900
EMAIL notice@paiplaw.com; paulo@paiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Alex Patel
FIRM NAME PATEL & ALMEIDA, P.C.
STREET 16830 VENTURA BLVD., SUITE 360
CITY ENCINO
STATE California
POSTAL CODE 91436
COUNTRY United States
PHONE 818-380-1900
EMAIL notice@paiplaw.com; alex@paiplaw.com; paulo@paiplaw.com; nikki@paiplaw.com; chris@paiplaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Paulo A. de Almeida/
SIGNATORY'S NAME Paulo A. de Almeida
SIGNATORY'S POSITION Attorney
SIGNATORY'S PHONE NUMBER 8183801900
DATE SIGNED 11/06/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 06 20:23:46 EST 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20191106202346478565-8832
2729-700ca6e530fd834d44d3
ddd4c15f8104890a14a949a6f
bdfcfe7626bebed40c5-N/A-N
/A-20191106201336485844



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. 88322729 ARCUS (Stylized and/or with Design, see http://uspto.report/TM/88322729/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 attached within the Evidence section.

EVIDENCE
Evidence in the nature of arguments has been attached.
Original PDF file:
evi_10418911190-20191106201336485844_._ARCUS_Office_Action_Response.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 007 for Steam cleaning machines; Mowing and reaping machines; Lawnmowers; Agricultural machinery, namely, harvesters; engines, other than for land vehicles; Chain saws; Dynamos; Electric pumps; Compressed air machines; Snow ploughs; High pressure washers; Blowing machines for the compression, exhaustion and transport of gases; Brushes being parts of machines; Sanding machines, for woodworking; Stone-working machines; Electric hammers; Power hammers; Band saws; Circular saws; Electric hand-held drills; Glue guns, electric; Power drills; Electric screwdrivers; Power-driven wrenches; Electric sanders; Power-operated angle grinders; Paint spray guns; Electric arc welding apparatus; Electric vacuum cleaners; Floor cleaning machines
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: Steam cleaning machines; Mowing and reaping machines; Lawnmowers for household purposes; Lawnmowers; Snow ploughs; Agricultural machinery, namely, harvesters; High pressure washers; engines, other than for land vehicles; Electric vacuum cleaners for household purposes; Chain saws; Floor cleaning machines for household purposes; Dynamos; Electric pumps; Compressed air machines; Blowing machines for the compression, exhaustion and transport of gases; Brushes being parts of machines; Sanding machines, for woodworking; Stone-working machines; Electric hammers; Power hammers; Band saws; Circular saws; Electric hand-held drills; Glue guns, electric; Power drills; Electric screwdrivers; Power-driven wrenches; Electric sanders; Power-operated angle grinders; Paint spray guns; Electric arc welding apparatus; Electric vacuum cleaners; Floor cleaning machinesClass 007 for Steam cleaning machines; Lawnmowers for household purposes; Snow ploughs; High pressure washers; Electric vacuum cleaners for household purposes; Floor cleaning machines for household purposes
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: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is notice@paiplaw.com

The applicants proposed attorney information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States

The phone number is 818-380-1900.

The email address is notice@paiplaw.com

Alex Patel 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: ALEX PATEL. ALEX PATEL of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      US

The phone number is 818-380-1900.

The email address is notice@paiplaw.com; paulo@paiplaw.com

The applicants proposed correspondence information: Alex Patel. Alex Patel of PATEL & ALMEIDA, P.C., is located at

      16830 VENTURA BLVD., SUITE 360
      ENCINO, California 91436
      United States

The phone number is 818-380-1900.

The email address is notice@paiplaw.com; alex@paiplaw.com; paulo@paiplaw.com; nikki@paiplaw.com; chris@paiplaw.com

SIGNATURE(S)
Response Signature
Signature: /Paulo A. de Almeida/     Date: 11/06/2019
Signatory's Name: Paulo A. de Almeida
Signatory's Position: Attorney

Signatory's Phone Number: 8183801900

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:    ALEX PATEL
   PATEL & ALMEIDA, P.C.
   
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
Mailing Address:    Alex Patel
   PATEL & ALMEIDA, P.C.
   16830 VENTURA BLVD., SUITE 360
   ENCINO, California 91436
        
Serial Number: 88322729
Internet Transmission Date: Wed Nov 06 20:23:46 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201911062023464
78565-88322729-700ca6e530fd834d44d3ddd4c
15f8104890a14a949a6fbdfcfe7626bebed40c5-
N/A-N/A-20191106201336485844


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