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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88360876 |
LAW OFFICE ASSIGNED |
LAW OFFICE 120 |
MARK SECTION |
MARK |
http://uspto.report/TM/88360876/mark.png |
LITERAL ELEMENT |
PETRA |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
025 |
DESCRIPTION |
Clothing namely, bib jumpers, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying
suits, hats, hikers, jackets, jean shirts, jeans, jerseys, jumpers, jumpsuits, mitts, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts, skirts, sleep
wear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Headgear namely, caps, ear muffs, hats, and toques;
belts, and belt buckles; Footwear namely, boots, running shoes, shoes, and work boots; hip pouches, knapsacks, luggage, and sport bags; General merchandising paraphernalia namely, aprons, badges,
bottle cap openers, buttons, calculators, calendars, can cozie, clocks, coasters, coffee mugs, desktop toys, drinking glasses, first aid kits, flags, flat glass, foam fingers, greeting cards,
handi-knife, key chains, key fobs/key chains, magnets, money clips, mug, lapel pins, paper weight holders, pencils, pens, pens and pen sets, phone cards, pocket knife, shot glasses, spoons, crests,
stick pins, stickers, stress balls, sunglasses, tape measures, tie tacks, towels, trading cards, travel mugs, vinyl stickers, wallets, watches, and water bottles; toys, games and playthings;
educational toys, apps and games; decals; hard hats; safety equipment; wearing apparel for the construction industry |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1940596 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
01/14/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
025 |
TRACKED TEXT DESCRIPTION |
Clothing namely, bib jumpers, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece
jackets, fleece vests, flying suits, hats, hikers, jackets, jean shirts, jeans, jerseys, jumpers, jumpsuits, mitts, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory
coats, shorts, skirts, sleep wear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Clothing, namely, bib overalls, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying suits, hats, hiking jackets, jackets, jean shirts,
jeans, jerseys, jumpers, jumpsuits, mittens, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts, skirts, sleepwear, smocks, socks, sweatbands,
sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Headgear namely, caps, ear muffs, hats, and
toques; Headwear namely, caps, ear muffs, hats, and toques; belts, and belt buckles; belts; Footwear namely, boots, running shoes, shoes, and work boots; hip pouches, knapsacks, luggage, and sport bags;
aprons; General merchandising paraphernalia namely, aprons, badges, bottle cap openers, buttons, calculators, calendars, can
cozie, clocks, coasters, coffee mugs, desktop toys, drinking glasses, first aid kits, flags, flat glass, foam fingers, greeting cards, handi-knife, key chains, key fobs/key chains, magnets, money
clips, mug, lapel pins, paper weight holders, pencils, pens, pens and pen sets, phone cards, pocket knife, shot glasses, spoons, crests, stick pins, stickers, stress balls, sunglasses, tape measures,
tie tacks, towels, trading cards, travel mugs, vinyl stickers, wallets, watches, and water bottles; wearing apparel for the construction industry, namely, hard
hats, safety boots, safety glasses, safety vests, work gloves, work pants and work socks; toys, games and playthings; educational toys, apps and games; decals; hard hats; safety
equipment; wearing apparel for the construction industry |
FINAL DESCRIPTION |
Clothing, namely, bib overalls, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying
suits, hats, hiking jackets, jackets, jean shirts, jeans, jerseys, jumpers, jumpsuits, mittens, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts,
skirts, sleepwear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Headwear namely, caps, ear muffs, hats,
and toques; belts; Footwear namely, boots, running shoes, shoes, and work boots; aprons; wearing apparel for the construction industry, namely, hard hats, safety boots, safety glasses, safety vests,
work gloves, work pants and work socks |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1940596 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
01/14/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ATTORNEY SECTION (current) |
NAME |
Aaron T. Olejniczak |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
ANDRUS INTELLECTUAL PROPERTY LAW, LLP |
STREET |
100 E. WISCONSIN AVENUE, SUITE 1100 |
CITY |
MILWAUKEE |
STATE |
Wisconsin |
POSTAL CODE |
53202 |
COUNTRY |
US |
PHONE |
414-271-7590 |
FAX |
414-271-5770 |
EMAIL |
tmdocketing@andruslaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1013-00058 |
ATTORNEY SECTION (proposed) |
NAME |
Aaron T. Olejniczak |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
ANDRUS INTELLECTUAL PROPERTY LAW, LLP |
STREET |
100 E. WISCONSIN AVENUE, SUITE 1100 |
CITY |
MILWAUKEE |
STATE |
Wisconsin |
POSTAL CODE |
53202 |
COUNTRY |
United States |
PHONE |
414-271-7590 |
FAX |
414-271-5770 |
EMAIL |
tmdocketing@andruslaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1013-00058 |
OTHER APPOINTED ATTORNEY |
Ryann H. Beck, Emily M. Chilson, Peter T. Holsen, Benjamin R. Imhoff, Melissa Kleine, Thomas R. Knight, Joseph D. Kuborn, Christopher R.
Liro, Aaron T. Olejniczak, Kevin J. Spexarth, Edward R. Williams |
CORRESPONDENCE SECTION (current) |
NAME |
AARON T. OLEJNICZAK |
FIRM NAME |
ANDRUS INTELLECTUAL PROPERTY LAW, LLP |
STREET |
100 E. WISCONSIN AVENUE, SUITE 1100 |
CITY |
MILWAUKEE |
STATE |
Wisconsin |
POSTAL CODE |
53202 |
COUNTRY |
US |
PHONE |
414-271-7590 |
FAX |
414-271-5770 |
EMAIL |
tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1013-00058 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Aaron T. Olejniczak |
FIRM NAME |
ANDRUS INTELLECTUAL PROPERTY LAW, LLP |
STREET |
100 E. WISCONSIN AVENUE, SUITE 1100 |
CITY |
MILWAUKEE |
STATE |
Wisconsin |
POSTAL CODE |
53202 |
COUNTRY |
United States |
PHONE |
414-271-7590 |
FAX |
414-271-5770 |
EMAIL |
tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
1013-00058 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Aaron T. Olejniczak/ |
SIGNATORY'S NAME |
Aaron T. Olejniczak |
SIGNATORY'S POSITION |
Attorney of Record, Wisconsin Bar Member |
SIGNATORY'S PHONE NUMBER |
414 271-7590 |
DATE SIGNED |
11/20/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 20 15:26:03 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XX-20
191120152603098701-883608
76-7007b8f3f85f8c5fde92fc
944df76b26c85c693b958bde7
5a9f8783423d1503ef6-N/A-N
/A-20191120152321397700 |
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.
88360876 PETRA(Standard Characters, see http://uspto.report/TM/88360876/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 025 for Clothing namely, bib jumpers, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying suits, hats, hikers, jackets, jean
shirts, jeans, jerseys, jumpers, jumpsuits, mitts, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts, skirts, sleep wear, smocks, socks, sweatbands,
sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Headgear namely, caps, ear muffs, hats, and toques; belts, and belt buckles; Footwear
namely, boots, running shoes, shoes, and work boots; hip pouches, knapsacks, luggage, and sport bags; General merchandising paraphernalia namely, aprons, badges, bottle cap openers, buttons,
calculators, calendars, can cozie, clocks, coasters, coffee mugs, desktop toys, drinking glasses, first aid kits, flags, flat glass, foam fingers, greeting cards, handi-knife, key chains, key
fobs/key chains, magnets, money clips, mug, lapel pins, paper weight holders, pencils, pens, pens and pen sets, phone cards, pocket knife, shot glasses, spoons, crests, stick pins, stickers, stress
balls, sunglasses, tape measures, tie tacks, towels, trading cards, travel mugs, vinyl stickers, wallets, watches, and water bottles; toys, games and playthings; educational toys, apps and games;
decals; hard hats; safety equipment; wearing apparel for the construction industry
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1940596 filed 01/14/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Clothing namely, bib jumpers, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying
suits, hats, hikers, jackets, jean shirts, jeans, jerseys, jumpers, jumpsuits, mitts, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts, skirts, sleep
wear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands;
Clothing, namely,
bib overalls, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests, flying suits, hats, hiking jackets, jackets, jean shirts, jeans, jerseys, jumpers,
jumpsuits, mittens, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats, shorts, skirts, sleepwear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat
pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands;
Headgear namely, caps, ear muffs, hats, and toques;
Headwear namely, caps, ear muffs, hats, and toques;
belts, and belt buckles;
belts;
Footwear namely, boots, running shoes, shoes, and work boots;
hip pouches, knapsacks, luggage, and sport bags;
aprons;
General merchandising paraphernalia namely, aprons, badges, bottle cap openers, buttons, calculators, calendars, can cozie, clocks, coasters,
coffee mugs, desktop toys, drinking glasses, first aid kits, flags, flat glass, foam fingers, greeting cards, handi-knife, key chains, key fobs/key chains, magnets, money clips, mug, lapel pins,
paper weight holders, pencils, pens, pens and pen sets, phone cards, pocket knife, shot glasses, spoons, crests, stick pins, stickers, stress balls, sunglasses, tape measures, tie tacks, towels,
trading cards, travel mugs, vinyl stickers, wallets, watches, and water bottles;
wearing apparel for the construction industry, namely, hard hats, safety boots,
safety glasses, safety vests, work gloves, work pants and work socks;
toys, games and playthings;
educational toys, apps
and games;
decals;
hard hats;
safety equipment;
wearing apparel for the construction industryClass 025 for Clothing, namely, bib overalls, caps, casual coats, coats, coveralls, crew neck shirts, dresses, fleece jackets, fleece vests,
flying suits, hats, hiking jackets, jackets, jean shirts, jeans, jerseys, jumpers, jumpsuits, mittens, muscle shirts, neck warmers, pants, raincoats, scarves, shirts, shop and laboratory coats,
shorts, skirts, sleepwear, smocks, socks, sweatbands, sweatshorts, sweaters, sweat pants, sweatshirts, tank tops, tops, t-shirts, turtlenecks, vests, and wristbands; Headwear namely, caps, ear muffs,
hats, and toques; belts; Footwear namely, boots, running shoes, shoes, and work boots; aprons; wearing apparel for the construction industry, namely, hard hats, safety boots, safety glasses, safety
vests, work gloves, work pants and work socks
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1940596 filed 01/14/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The applicant's current attorney information: Aaron T. Olejniczak. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
US
The docket/reference number is 1013-00058.
The phone number is 414-271-7590.
The fax number is 414-271-5770.
The email address is tmdocketing@andruslaw.com
The applicants proposed attorney information: Aaron T. Olejniczak. Other appointed attorneys are Ryann H. Beck, Emily M. Chilson, Peter T. Holsen, Benjamin R. Imhoff, Melissa Kleine, Thomas R.
Knight, Joseph D. Kuborn, Christopher R. Liro, Aaron T. Olejniczak, Kevin J. Spexarth, Edward R. Williams. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is a member of the XX
bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
United States
The docket/reference number is 1013-00058.
The phone number is 414-271-7590.
The fax number is 414-271-5770.
The email address is tmdocketing@andruslaw.com
Aaron T. Olejniczak 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: AARON T. OLEJNICZAK. AARON T. OLEJNICZAK of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
US
The docket/reference number is 1013-00058.
The phone number is 414-271-7590.
The fax number is 414-271-5770.
The email address is tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com
The applicants proposed correspondence information: Aaron T. Olejniczak. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
United States
The docket/reference number is 1013-00058.
The phone number is 414-271-7590.
The fax number is 414-271-5770.
The email address is tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com
SIGNATURE(S)
Response Signature
Signature: /Aaron T. Olejniczak/ Date: 11/20/2019
Signatory's Name: Aaron T. Olejniczak
Signatory's Position: Attorney of Record, Wisconsin Bar Member
Signatory's Phone Number: 414 271-7590
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: AARON T. OLEJNICZAK
ANDRUS INTELLECTUAL PROPERTY LAW, LLP
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
Mailing Address: Aaron T. Olejniczak
ANDRUS INTELLECTUAL PROPERTY LAW, LLP
100 E. WISCONSIN AVENUE, SUITE 1100
MILWAUKEE, Wisconsin 53202
Serial Number: 88360876
Internet Transmission Date: Wed Nov 20 15:26:03 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191120152603098
701-88360876-7007b8f3f85f8c5fde92fc944df
76b26c85c693b958bde75a9f8783423d1503ef6-
N/A-N/A-20191120152321397700