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. 88360902 PETRA (Stylized and/or with Design, see http://uspto.report/TM/88360902/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 1940599 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 1940599 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 1013-00059.

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 1013-00059.

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 1013-00059.

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 1013-00059.

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

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "PETRA" in a textured font where the middle of the wording has the impression of cracked glass. The letters of "PETRA" are broken apart with triangles and other geometric shapes.

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: 88360902
Internet Transmission Date: Wed Nov 20 15:31:55 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191120153155640
017-88360902-700ba71d25d85341d313a76ad10
ccc163697a32c3ac8f69c1dfe45d439a43585d4-
N/A-N/A-20191120152901657419