Response to Office Action

ELLIS

Ellis Manufacturing Company, Inc.

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 88326980
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88326980/mark.png
LITERAL ELEMENT ELLIS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
ARGUMENT(S)
The Examiner has alleged that one of the specimens provided appears to be merely marketing materials and not the goods for class 019.  In fact, the specimen provided for class 019 is a non-metal cap for use with applicant's non-metal guard rails and safety fences.  The cap as shown in the specimen reflects use of the mark on class 019 goods as the customer would receive and use the goods.
ATTORNEY SECTION (current)
NAME Sean V. O'Connell
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SEAN O'CONNELL, PLLC
STREET 3812 TIMBERLINE PL
CITY EDMOND
STATE Oklahoma
POSTAL CODE 73013
COUNTRY US
PHONE 405-229-9709
EMAIL sean@oconnellpllc.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 255-004
ATTORNEY SECTION (proposed)
NAME Sean V. O'Connell
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME SEAN O'CONNELL, PLLC
STREET 3812 TIMBERLINE PL
CITY EDMOND
STATE Oklahoma
POSTAL CODE 73013
COUNTRY United States
PHONE 405-229-9709
EMAIL sean@oconnellpllc.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 255-004
CORRESPONDENCE SECTION (current)
NAME SEAN V. O'CONNELL
FIRM NAME SEAN O'CONNELL, PLLC
STREET 3812 TIMBERLINE PL
CITY EDMOND
STATE Oklahoma
POSTAL CODE 73013
COUNTRY US
PHONE 405-229-9709
EMAIL sean@oconnellpllc.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 255-004
CORRESPONDENCE SECTION (proposed)
NAME Sean V. O'Connell
FIRM NAME SEAN O'CONNELL, PLLC
STREET 3812 TIMBERLINE PL
CITY EDMOND
STATE Oklahoma
POSTAL CODE 73013
COUNTRY United States
PHONE 405-229-9709
EMAIL sean@oconnellpllc.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 255-004
SIGNATURE SECTION
RESPONSE SIGNATURE /Sean O'Connell/
SIGNATORY'S NAME Sean V. O'Connell
SIGNATORY'S POSITION Attorney of record, Oklahoma bar member
SIGNATORY'S PHONE NUMBER 405-229-9709
DATE SIGNED 11/13/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Nov 13 21:58:26 EST 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20191113215826750075-883
26980-700804df7f27369a61c
cb545f7989b9a07d77fa9d279
16df4ed45826a9ea00ea60-N/
A-N/A-2019111321421032981
1



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. 88326980 ELLIS (Stylized and/or with Design, see http://uspto.report/TM/88326980/mark.png) has been amended as follows:

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

The Examiner has alleged that one of the specimens provided appears to be merely marketing materials and not the goods for class 019.  In fact, the specimen provided for class 019 is a non-metal cap for use with applicant's non-metal guard rails and safety fences.  The cap as shown in the specimen reflects use of the mark on class 019 goods as the customer would receive and use the goods.


The applicant's current attorney information: Sean V. O'Connell. Sean V. O'Connell of SEAN O'CONNELL, PLLC, is located at

      3812 TIMBERLINE PL
      EDMOND, Oklahoma 73013
      US
The docket/reference number is 255-004.

The phone number is 405-229-9709.

The email address is sean@oconnellpllc.com

The applicants proposed attorney information: Sean V. O'Connell. Sean V. O'Connell of SEAN O'CONNELL, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3812 TIMBERLINE PL
      EDMOND, Oklahoma 73013
      United States
The docket/reference number is 255-004.

The phone number is 405-229-9709.

The email address is sean@oconnellpllc.com

Sean V. O'Connell 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: SEAN V. O'CONNELL. SEAN V. O'CONNELL of SEAN O'CONNELL, PLLC, is located at

      3812 TIMBERLINE PL
      EDMOND, Oklahoma 73013
      US
The docket/reference number is 255-004.

The phone number is 405-229-9709.

The email address is sean@oconnellpllc.com

The applicants proposed correspondence information: Sean V. O'Connell. Sean V. O'Connell of SEAN O'CONNELL, PLLC, is located at

      3812 TIMBERLINE PL
      EDMOND, Oklahoma 73013
      United States
The docket/reference number is 255-004.

The phone number is 405-229-9709.

The email address is sean@oconnellpllc.com

SIGNATURE(S)
Response Signature
Signature: /Sean O'Connell/     Date: 11/13/2019
Signatory's Name: Sean V. O'Connell
Signatory's Position: Attorney of record, Oklahoma bar member

Signatory's Phone Number: 405-229-9709

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:    SEAN V. O'CONNELL
   SEAN O'CONNELL, PLLC
   
   3812 TIMBERLINE PL
   EDMOND, Oklahoma 73013
Mailing Address:    Sean V. O'Connell
   SEAN O'CONNELL, PLLC
   3812 TIMBERLINE PL
   EDMOND, Oklahoma 73013
        
Serial Number: 88326980
Internet Transmission Date: Wed Nov 13 21:58:26 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191113215826
750075-88326980-700804df7f27369a61ccb545
f7989b9a07d77fa9d27916df4ed45826a9ea00ea
60-N/A-N/A-20191113214210329811



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