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. 88342380 MERCER INDUSTRIES(Standard Characters, see http://uspto.report/TM/88342380/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 035 for CATALOG AND ONLINE SALES OF INDUSTRIAL TOOLS AND ACCESSORIES, NAMELY, FILES, WIRE BRUSHES, WIRE WHEELS FOR GRINDERS, WIRE WHEELS FOR DRILLS AND SAWS, BLADES FOR SAWS AND GRINDERS, FLAP DISCS FOR GRINDERS, FIBRE DISCS FOR GRINDERS AND DRILLS, AND FLAP WHEELS FOR GRINDERS AND DRILLS, CUT-OFF WHEELS FOR SAWS, GRINDING WHEELS FOR GRINDERS, SANDING DISCS, SANDING SHEETS, SANDING BELTS AND SANDING ROLLS FOR SANDERS, EAR PROTECTION, DISPOSABLE GLOVES, RESPIRATORS, DUST MASKS, SAFETY GLASSES AND SAFETY GOGGLES
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: CATALOG AND ONLINE SALES OF INDUSTRIAL TOOLS AND ACCESSORIES, NAMELY, FILES, WIRE BRUSHES, WIRE WHEELS FOR GRINDERS, WIRE WHEELS FOR DRILLS AND SAWS, BLADES FOR SAWS AND GRINDERS, FLAP DISCS FOR GRINDERS, FIBRE DISCS FOR GRINDERS AND DRILLS, AND FLAP WHEELS FOR GRINDERS AND DRILLS, CUT-OFF WHEELS FOR SAWS, GRINDING WHEELS FOR GRINDERS, SANDING DISCS, SANDING SHEETS, SANDING BELTS AND SANDING ROLLS FOR SANDERS, EAR PROTECTION, DISPOSABLE GLOVES, RESPIRATORS, DUST MASKS, SAFETY GLASSES AND SAFETY GOGGLES; ELECTRONIC CATALOG SERVICES, MAIL ORDER CATALOG SERVICES, AND ONLINE STORE SERVICES FEATURING INDUSTRIAL TOOLS AND ACCESSORIES, NAMELY, FILES, WIRE BRUSHES, WIRE WHEELS FOR GRINDERS, WIRE WHEELS FOR DRILLS AND SAWS, BLADES FOR SAWS AND GRINDERS, FLAP DISCS FOR GRINDERS, FIBRE DISCS FOR GRINDERS AND DRILLS, AND FLAP WHEELS FOR GRINDERS AND DRILLS, CUT-OFF WHEELS FOR SAWS, GRINDING WHEELS FOR GRINDERS, SANDING DISCS, SANDING SHEETS, SANDING BELTS AND SANDING ROLLS FOR SANDERS, EAR PROTECTION, DISPOSABLE GLOVES, RESPIRATORS, DUST MASKS, SAFETY GLASSES AND SAFETY GOGGLESClass 035 for ELECTRONIC CATALOG SERVICES, MAIL ORDER CATALOG SERVICES, AND ONLINE STORE SERVICES FEATURING INDUSTRIAL TOOLS AND ACCESSORIES, NAMELY, FILES, WIRE BRUSHES, WIRE WHEELS FOR GRINDERS, WIRE WHEELS FOR DRILLS AND SAWS, BLADES FOR SAWS AND GRINDERS, FLAP DISCS FOR GRINDERS, FIBRE DISCS FOR GRINDERS AND DRILLS, AND FLAP WHEELS FOR GRINDERS AND DRILLS, CUT-OFF WHEELS FOR SAWS, GRINDING WHEELS FOR GRINDERS, SANDING DISCS, SANDING SHEETS, SANDING BELTS AND SANDING ROLLS FOR SANDERS, EAR PROTECTION, DISPOSABLE GLOVES, RESPIRATORS, DUST MASKS, SAFETY GLASSES AND SAFETY GOGGLES
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use INDUSTRIES apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Chris Mitchell/     Date: 06/14/2019
Signatory's Name: Christopher A. Mitchell, Esq.
Signatory's Position: Attorney of Record (MI Bar member // USPTO Bar member)

Signatory's Phone Number: 616 336 1058

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: 88342380
Internet Transmission Date: Fri Jun 14 08:08:05 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906140808055
77591-88342380-62048365b35fbf28dd0fabc4a
85724ef25218d1eca750d43c65e512e12c916e68
78-N/A-N/A-20190614080246273071