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. 88350138 PYROTEX(Standard Characters, see http://uspto.report/TM/88350138/mark.png) has been amended as follows:

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

UNITED STATES PATENT AND TRADEMARK OFFICE

U.S. APPLICATION NO. 88350138

Please accept the following as our response to office action / official letter dated June 3, 2019.

 RESPONSE OF BEHALF OF PYROTX INDUSTRIES

 

In its letter dated June 3, 2019, the USPTO denied the applied-for mark based on the likelihood of confusion with U.S. Registration No. 3687560. It is respectfully requested that the USPTO reconsider this determination as there are fundamental differences between the essential characteristics of the good and services.

In its registration, Pyrotek, describes its goods and services to include the following:

1.      Metal gaskets for use in the processing of molten metal or glass.

2.      Fire blankets; protective clothing manufactured specifically to protect skin from heat or splash of molten metal or glass; protective clothing in the nature of protective coats, protective pants and protective gloves made from heat resistant fabric.

 3.      Lubricants used for production equipment used to move molten or formed aluminum, steel and glass.

 4.      Asbestos-free fiber and electrostatic fabric, namely woven fabrics for use as filtration materials.

 5.      Gasket materials in sheets for use in the processing of molten metal or glass; non-metal gaskets for use in the processing of molten metal or glass.

 

The goods and services offered by PyroTex are different as PyroTex is not a manufacturer of any of the goods and services identified above. Rather, PyroTex produces a flame resistant specialty textile fiber for use in technical yarns and nonwovens. PyroTex does not manufacture end use products. Rather, Pyrotex produces the fiber to be utilized in the manufacturing process.  Therefore, the registration submitted on behalf of PyroTex is fundamentally different in scope and use from the registration submitted on behalf of Pyrotek.

It is respectfully requested that the USPTO reconsider its decision and accept registration submitted on behalf of PyroTex.

The applicant hereby appoints Curt Sitlinger. Curt Sitlinger of Sitlinger & Theiler, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      320 Whittington Parkway, Suite 304
      Louisville, Kentucky 40222
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is (502) 589-2627.

The email address is csitlinger@sitlingerlaw.com

Curt Sitlinger 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: PYROTEX INDUSTRIES GMBH. PYROTEX INDUSTRIES GMBH of PYROTEX INDUSTRIES GMBH, is located at

      LERCHENSTRASSE 28A
      HAMBURG, 22767
      DE

The phone number is +49-4055613639.

The fax number is +49-40-55613681.

The email address is info@pyro-tex.de

The applicants proposed correspondence information: Curt Sitlinger. Curt Sitlinger of Sitlinger & Theiler, is located at

      320 Whittington Parkway, Suite 304
      Louisville, Kentucky 40222
      United States

The phone number is (502) 589-2627.

The email address is csitlinger@sitlingerlaw.com; info@pyro-tex.de

SIGNATURE(S)
Response Signature
Signature: /C.Sitlinger/     Date: 12/02/2019
Signatory's Name: Curt Sitlinger
Signatory's Position: Attorney

Signatory's Phone Number: (502) 589-2627

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:    PYROTEX INDUSTRIES GMBH
   PYROTEX INDUSTRIES GMBH
   
   LERCHENSTRASSE 28A
   HAMBURG, 22767
Mailing Address:    Curt Sitlinger
   Sitlinger & Theiler
   320 Whittington Parkway, Suite 304
   Louisville, Kentucky 40222
        
Serial Number: 88350138
Internet Transmission Date: Mon Dec 02 06:49:37 EST 2019
TEAS Stamp: USPTO/ROA-XXXX:XX:XXXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20191202064937752615-88350138-70
0d2d5dc25bc763baae23945c1fd54bcfd7a81a8d
60d0bfeed56ee5d38ef7abe7-N/A-N/A-2019120
2062820817634