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. 88351739 GOPHER PRO (Stylized and/or with Design, see http://uspto.report/TM/88351739/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Office Action Response and Corresponding Exhibits has been attached.
Original PDF file:
evi_63240135132-20191213112719144964_._Office_Action_Response.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_63240135132-20191213112719144964_._Exhibit_1.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_63240135132-20191213112719144964_._Exhibit_2.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for Hand held tool for grabbing and picking up objects
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: Hand held tool for grabbing and picking up objects; Hand held tool, namely, a reaching device for grabbing and picking up objectsClass 008 for Hand held tool, namely, a reaching device for grabbing and picking up objects
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.

The applicant's current attorney information: Jenny T. Slocum. Jenny T. Slocum of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET N.W.; SUITE 900
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 064944-00000.

The phone number is 202-659-6927.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

The applicants proposed attorney information: Jenny T. Slocum. Jenny T. Slocum of DICKINSON WRIGHT PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1825 EYE STREET N.W.; SUITE 900
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 064944-01354.

The phone number is 202-659-6927.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com

Jenny T. Slocum 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: JENNY T. SLOCUM. JENNY T. SLOCUM of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET N.W.; SUITE 900
      WASHINGTON, District of Columbia 20006
      US
The docket/reference number is 064944-00000.

The phone number is 202-659-6927.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; jsartz@dickinsonwright.com; jslocum@dickinsonwright.com; kboie@dickinsonwright.com

The applicants proposed correspondence information: Jenny T. Slocum. Jenny T. Slocum of DICKINSON WRIGHT PLLC, is located at

      1825 EYE STREET N.W.; SUITE 900
      WASHINGTON, District of Columbia 20006
      United States
The docket/reference number is 064944-01354.

The phone number is 202-659-6927.

The fax number is 844-670-6009.

The email address is dwtrademarks@dickinsonwright.com; jsartz@dickinsonwright.com; jslocum@dickinsonwright.com; kboie@dickinsonwright.com

SIGNATURE(S)
Response Signature
Signature: /Carly Fraker/     Date: 12/13/2019
Signatory's Name: Carly Fraker
Signatory's Position: Of Counsel, Dickinson Wright PLLC; DC Bar Member

Signatory's Phone Number: 202-659-6936

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:    JENNY T. SLOCUM
   DICKINSON WRIGHT PLLC
   
   1825 EYE STREET N.W.; SUITE 900
   WASHINGTON, District of Columbia 20006
Mailing Address:    Jenny T. Slocum
   DICKINSON WRIGHT PLLC
   1825 EYE STREET N.W.; SUITE 900
   WASHINGTON, District of Columbia 20006
        
Serial Number: 88351739
Internet Transmission Date: Fri Dec 13 11:46:16 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912131146160
07655-88351739-7002588750474639d651b6e4e
bec8ab6b3d5acbc584d49deaab07adcd29358b-N
/A-N/A-20191213112719144964