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. 88357642 AZ ALL(Standard Characters, see http://uspto.report/TM/88357642/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: AZ ALL(Standard Characters, see http://uspto.report/TM/88357642/mark.png)
Proposed (USPTO generated image): AZ ALL (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

EVIDENCE
Evidence in the nature of Section 2(d) Likelihood of Confusion Refusal: Section 2(d) Likelihood of Confusion Refusal: Applicant acknowledges that the the cited marks is similar but will not be confusing to the customers or to the channels of commerce. The Products made by AZ Products "are high-purity advanced specialty chemicals for use in integrated circuits and devices and flat-panel displays". AZ Products sells to companies such as Intel and Broadcom. The products made by Applicant are sold to homeowners and are found in stores such as Dollar General. Even though the descriptions are similar, this is merely because the same terms are used in very separate industries and markets. AZ Products attends major industry trade shows and sells their products to major corporations. Applicants path to market is either directly to homeowners or through companies which sell household products to homeowners. Applicant therefor believes that there will be no confusion among actual customers. Inquiry Regarding Potential Significance of the Letters "AZ": Applicants use of the letters A and Z is convey the message that Applicants product cleans a broad range of products. Applicant is not aware of any related term of art in the industry in the interpretation of the mark. Identification and Classification of Goods Requires Clarification: Applicant accepts Examiners recommendation to change "cleaning products" to "cleaning preparations". Specimen Unacceptable - Nature of Specimen Unclear: new specimen attached. Information Regarding Specimen Required: Applicant has attached a new specimen which applicant believes will clarify the use in commerce in the classification. has been attached. Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Cleaning products
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2019 and first used in commerce at least as early as 02/13/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Cleaning products; Cleaning preparationsClass 003 for Cleaning preparations
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/13/2019 and first used in commerce at least as early as 02/13/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003 . The specimen(s) submitted consists of specimen shows the applied-for mark in use in commerce .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

The applicant hereby appoints Gaines P. Carter. Other appointed attorneys are Sanjui Kumar. Gaines P. Carter of KPPB Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      990 Hammond Drive NE
      990 Hammond Drive NE
      Atlanta, Georgia 30328
      United States
to submit this Response to Office Action Form on behalf of the applicant.

The phone number is 6784432220.

The fax number is (678) 443-2230.

The email address is gcarter@kppblaw.com

Gaines P. Carter 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: . , is located at

      
      ,

The applicants proposed correspondence information: Gaines P. Carter. Gaines P. Carter of KPPB Law, is located at

      990 Hammond Drive NE
      990 Hammond Drive NE
      Atlanta, Georgia 30328
      United States

The phone number is 6784432220.

The fax number is (678) 443-2230.

The email address is gcarter@kppblaw.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
AZ appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Gaines P. Carter/      Date: 12/09/2019
Signatory's Name: Gaines P. Carter
Signatory's Position: Attorney
Signatory's Phone Number: 6786411654


Response Signature
Signature: /Gaines P. Carter/     Date: 12/09/2019
Signatory's Name: Gaines P. Carter
Signatory's Position: Attorney

Signatory's Phone Number: 6786411654

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:    
   
   
   
   ,
Mailing Address:    Gaines P. Carter
   KPPB Law
   990 Hammond Drive NE
   990 Hammond Drive NE
   Atlanta, Georgia 30328
        
Serial Number: 88357642
Internet Transmission Date: Mon Dec 09 18:50:09 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201912091850095894
28-88357642-700a1c97f2886c0da56849d77afc
652e30ba2c5498d3d6b386c86ade93b3d4c0b4-N
/A-N/A-20191209173501317960