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. 88327867 AEROLITE(Standard Characters, see http://uspto.report/TM/88327867/mark.png) has been amended as follows:

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

The Examining Attorney has objected that the specimen of use is not a display associated with the sale of the goods but is instead merely advertising. Applicant respectfully disagrees. The specimen is a photograph from a trade show where orders were taken. Hence, this display is associated directly with the goods offered for sale and features the Mark prominently. TMEP 904.03(g). The Examiner objects that the AEROLITE mark is one of seven trademark presented in the photograph, but the other trademarks in the photograph are Applicant?s house mark (AEROTUF), its sub-brands for different types of containers (AEROSECURE), and the pallets used with containers (AEROPALLET). Naturally Applicant displays its entire family of brands at its trade show booth and the inclusion of other brands in the photograph does not detract from the photograph?s evidence of Applicant?s use of AEROLITE with containers and ULDs. As explained in the attached declaration, Applicant promoted its goods and took orders for the sale of these goods at the trade show. Accordingly, the specimen shows use of Applicant?s AEROLITE mark with its cargo containers and ULDs and the application should proceed to registration.

EVIDENCE
Evidence has been attached: an executed Declaration
Original PDF file:
evi_20811619133-202007281 95001703959_._AEROLITE_-_ 88327867_-_exDeclaration.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Correspondence Information (current):
      Jack B. Hicks
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kristin.webb@wbd-us.com

The docket/reference number is A66525 3014.
Correspondence Information (proposed):
      Jack B. Hicks
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@wbd-us.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kristin.webb@wbd-us.com; jack.hicks@wbd-us.com; anne.fleeson@wbd-us.com; danny.vara@wbd-us.com

The docket/reference number is A66525 3014.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /jack hicks/     Date: 07/31/2020
Signatory's Name: Jack B. Hicks
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 3365748050

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:    Jack B. Hicks
   WOMBLE BOND DICKINSON (US) LLP
   
   300 N. GREENE STREET, SUITE 1900
   GREENSBORO, North Carolina 27401
Mailing Address:    Jack B. Hicks
   WOMBLE BOND DICKINSON (US) LLP
   300 N. GREENE STREET, SUITE 1900
   GREENSBORO, North Carolina 27401
        
Serial Number: 88327867
Internet Transmission Date: Fri Jul 31 18:31:59 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202007311831592
88607-88327867-74086bc8fc8bd4d262ca181d8
a8a9d389087999d28a3247934e41fca213ab6caa
-N/A-N/A-20200731170456892240