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 |
88326041 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88326041/mark.png |
LITERAL ELEMENT |
HUNTSMAN |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propeller and propulsion
apparatus for drones; unmanned aerial vehicles and aircraft |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1953967 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
09/07/2018 |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propeller and propulsion apparatus for drones; propellers for drones; propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors; unmanned aerial
vehicles and aircraft; propeller and propulsion apparatus for drones and unmanned aerial vehicles and aircraft. |
FINAL DESCRIPTION |
Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propellers for drones;
propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors; unmanned aerial vehicles and aircraft; propeller and propulsion apparatus for drones and unmanned aerial vehicles and
aircraft. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1953967 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
09/07/2018 |
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. |
GOODS AND/OR SERVICES SECTION (018)(current) |
INTERNATIONAL CLASS |
018 |
DESCRIPTION |
Backpacks; carrying bags; cases; bags and packs for transporting drones; cases, bags and packs for travel |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1953967 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
09/07/2018 |
GOODS AND/OR SERVICES SECTION (018)(proposed) |
INTERNATIONAL CLASS |
018 |
TRACKED TEXT DESCRIPTION |
Backpacks; carrying bags; all-purpose
carrying bags; cases; carrying cases; bags and packs for transporting drones;
all-purpose athletic bags and sports packs for transporting drones; cases, bags and packs for travel; travel cases, travel bags and backpack packs for travel. |
FINAL DESCRIPTION |
Backpacks; all-purpose carrying bags; carrying cases; all-purpose athletic bags and sports packs for transporting drones; travel cases,
travel bags and backpack packs for travel. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1953967 |
FOREIGN APPLICATION COUNTRY |
Australia |
FOREIGN FILING DATE |
09/07/2018 |
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. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Joseph M. Lafata/ |
SIGNATORY'S NAME |
Joseph M. Lafata |
SIGNATORY'S POSITION |
Michigan Bar Member; Attorney for Applicant, Attorney with Harness, Dickey & Pierce, P.L.C. |
SIGNATORY'S PHONE NUMBER |
248-641-1600 |
DATE SIGNED |
06/20/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 20 16:35:31 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XX.XXX-2
0190620163531042978-88326
041-620645a169b7a9baaaa1b
e82fb5b229e90ce2561e3ed4b
76e7b5811f70d0a426f7-N/A-
N/A-20190620153630112409 |
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.
88326041 HUNTSMAN(Standard Characters, see http://uspto.report/TM/88326041/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Unmanned aerial vehicles; drones; aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propeller and propulsion apparatus for drones; unmanned
aerial vehicles and aircraft
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.
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[ Australia application number 1953967 filed 09/07/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Unmanned aerial vehicles;
drones;
aircraft;
structural parts of
drones, unmanned aerial vehicles and aircraft;
propeller and propulsion apparatus for drones;
propellers for
drones;
propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors;
unmanned aerial vehicles and
aircraft;
propeller and propulsion apparatus for drones and unmanned aerial vehicles and aircraft.Class 012 for Unmanned aerial vehicles; drones;
aircraft; structural parts of drones, unmanned aerial vehicles and aircraft; propellers for drones; propulsion apparatus for unmanned aerial vehicles and drones, namely, tiltrotors; unmanned aerial
vehicles and aircraft; propeller and propulsion apparatus for drones and unmanned aerial vehicles and aircraft.
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.
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 [ Australia application number 1953967 filed 09/07/2018]. 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 proposes to amend the following class of goods/services in the application:
Current: Class 018 for Backpacks; carrying bags; cases; bags and packs for transporting drones; cases, bags and packs for travel
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.
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[ Australia application number 1953967 filed 09/07/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Backpacks;
carrying bags;
all-purpose carrying bags;
cases;
carrying cases;
bags and packs for transporting drones;
all-purpose athletic bags and sports packs for transporting drones;
cases, bags and packs for travel;
travel
cases, travel bags and backpack packs for travel.Class 018 for Backpacks; all-purpose carrying bags; carrying cases; all-purpose athletic bags and sports packs for transporting drones; travel
cases, travel bags and backpack packs for travel.
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.
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 [ Australia application number 1953967 filed 09/07/2018]. 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.
SIGNATURE(S)
Response Signature
Signature: /Joseph M. Lafata/ Date: 06/20/2019
Signatory's Name: Joseph M. Lafata
Signatory's Position: Michigan Bar Member; Attorney for Applicant, Attorney with Harness, Dickey & Pierce, P.L.C.
Signatory's Phone Number: 248-641-1600
The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and
other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently
filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of
attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in
this matter.
Serial Number: 88326041
Internet Transmission Date: Thu Jun 20 16:35:31 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019062016353104
2978-88326041-620645a169b7a9baaaa1be82fb
5b229e90ce2561e3ed4b76e7b5811f70d0a426f7
-N/A-N/A-20190620153630112409