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. 88360913 SAFEFORCE(Standard Characters, see http://uspto.report/TM/88360913/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 001 for Calibration gases namely, oxygen, methane, hydrogen sulfide, carbon monoxide, methane, pentane, nitrogen, ammonia, chlorine, ethylene oxide, hydrogen chloride, hydrogen cyanide, nitric oxide, nitrogen dioxide, phosphine, silane, sulfur dioxide, benzene, butane, carbon dioxide, ethylene, helium, hexane, hydrogen, isobutylene, methyl chloride, methylene chloride, pentane, propane, propylene, refrigerants, toluene, zero air, in each case, intended to calibrate analytical equipment; (For bioremediation) spill control kits; Solidifiers, neutralizers; Loose sorbents; Chemical sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely, acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; Oil sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; Spill control kits in the form of cabinets, drums, plastic bags or nylon bags, in each case containing safety gloves, safety goggles, disposal bags; Dikes; Sorbents, namely, universal sorbents made of melt-blown polypropylene and cellulose materials designed to absorb non-corrosive fluids, namely, oils, coolants, solvents and water-based fluids, chemical sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely, acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant, or oil only sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; Spill absorbents, namely, absorbent pads, absorbent rolls, absorbent pillows, absorbent booms, absorbent rugs
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: Calibration gases namely, oxygen, methane, hydrogen sulfide, carbon monoxide, methane, pentane, nitrogen, ammonia, chlorine, ethylene oxide, hydrogen chloride, hydrogen cyanide, nitric oxide, nitrogen dioxide, phosphine, silane, sulfur dioxide, benzene, butane, carbon dioxide, ethylene, helium, hexane, hydrogen, isobutylene, methyl chloride, methylene chloride, pentane, propane, propylene, refrigerants, toluene, zero air, in each case, intended to calibrate analytical equipment; Calibration gases for providing a reference gas or gas mixture used as comparative standard in the calibration of analytical instruments, namely, oxygen, methane, hydrogen sulfide, carbon monoxide, methane, pentane, nitrogen, ammonia, chlorine, ethylene oxide, hydrogen chloride, hydrogen cyanide, nitric oxide, nitrogen dioxide, phosphine, silane, sulfur dioxide, benzene, carbon dioxide, ethylene, helium, hexane, hydrogen, isobutylene, methyl chloride, methylene chloride, pentane, propylene, refrigerant gases, toluene, zero air, in each case, intended to calibrate analytical equipment; (For bioremediation) spill control kits; spill control kits comprised of personal protective clothing, goggles, air purifying respirators for use other than for artificial respiration, safety gloves, safety goggles, chemical containment drums, and chemical containment disposable plastic bags or nylon bags for chemical spill containment; Solidifiers, neutralizers; solidifiers for solidifying spilled liquids, acid neutralizers; Loose sorbents; chemicals in the nature of loose sorbents; Chemical sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely, acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; Oil sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; mineral substances in the nature of sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; Spill control kits in the form of cabinets, drums, plastic bags or nylon bags, in each case containing safety gloves, safety goggles, disposal bags; chemicals in the nature of sorbents, namely universal sorbents made of melt-blown polypropylene and cellulose materials designed to absorb non-corrosive fluids, namely oils, coolants, solvents and water-based fluids; Dikes; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; Sorbents, namely, universal sorbents made of melt-blown polypropylene and cellulose materials designed to absorb non-corrosive fluids, namely, oils, coolants, solvents and water-based fluids, chemical sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely, acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant, or oil only sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; Spill absorbents, namely, absorbent pads, absorbent rolls, absorbent pillows, absorbent booms, absorbent rugs; spill absorbents, namely desiccants for absorbing moisture used in absorbent pads, absorbent rolls, absorbent pillows, absorbent booms comprised of large tubular spill control sorbents that are used to contain spills and absorbent rugs comprised of a pad of material for absorbing spilled liquidsClass 001 for Calibration gases for providing a reference gas or gas mixture used as comparative standard in the calibration of analytical instruments, namely, oxygen, methane, hydrogen sulfide, carbon monoxide, methane, pentane, nitrogen, ammonia, chlorine, ethylene oxide, hydrogen chloride, hydrogen cyanide, nitric oxide, nitrogen dioxide, phosphine, silane, sulfur dioxide, benzene, carbon dioxide, ethylene, helium, hexane, hydrogen, isobutylene, methyl chloride, methylene chloride, pentane, propylene, refrigerant gases, toluene, zero air, in each case, intended to calibrate analytical equipment; spill control kits comprised of personal protective clothing, goggles, air purifying respirators for use other than for artificial respiration, safety gloves, safety goggles, chemical containment drums, and chemical containment disposable plastic bags or nylon bags for chemical spill containment; solidifiers for solidifying spilled liquids, acid neutralizers; chemicals in the nature of loose sorbents; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; mineral substances in the nature of sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; chemicals in the nature of sorbents, namely universal sorbents made of melt-blown polypropylene and cellulose materials designed to absorb non-corrosive fluids, namely oils, coolants, solvents and water-based fluids; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb chemical fluids, namely acids, ketones, hydrocarbons and other oils, alcohols, alkaline materials, aromatics, chlorinated solvents, glycols, hydrazine, hydrogen peroxide, ethyl acetate, anti-freeze, water, cutting fluid, machine coolant; chemicals in the nature of sorbents made of melt-blown polypropylene materials designed to absorb hydrocarbon-based fluids and oils while repelling water; spill absorbents, namely desiccants for absorbing moisture used in absorbent pads, absorbent rolls, absorbent pillows, absorbent booms comprised of large tubular spill control sorbents that are used to contain spills and absorbent rugs comprised of a pad of material for absorbing spilled liquids
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 003 for Lens cleaning wipes pre-moistened with a non-alcoholic solution; Respirator cleaning wipes moistened with alcohol not for antiseptic purposes; Respirator cleaning wipes moistened with a non-alcoholic solution; Lens cleaning wipes pre-moistened with alcohol not for antiseptic purposes
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: Lens cleaning wipes pre-moistened with a non-alcoholic solution; Disposable wipes impregnated with cleaning chemicals or compounds for industrial and commercial use, namely, cleaning of polycarbonate lenses on safety glasses and goggles, respirator face pieces, contaminated with dust, dirt, and other now hazardous materials, not for antiseptic purposes; Respirator cleaning wipes moistened with alcohol not for antiseptic purposes; Disposable wipes impregnated with cleaning chemicals or compounds for industrial and commercial use, namely, cleaning a respirator, not for antiseptic purposes; Respirator cleaning wipes moistened with a non-alcoholic solution; Lens cleaning wipes pre-moistened with alcohol not for antiseptic purposesClass 003 for Disposable wipes impregnated with cleaning chemicals or compounds for industrial and commercial use, namely, cleaning of polycarbonate lenses on safety glasses and goggles, respirator face pieces, contaminated with dust, dirt, and other now hazardous materials, not for antiseptic purposes; Disposable wipes impregnated with cleaning chemicals or compounds for industrial and commercial use, namely, cleaning a respirator, not for antiseptic purposes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Safety glasses, safety goggles, safety eyewashes, safety showers, face shields; face shield visors; face shield suspensions; Hard hats and Bump caps; Disposable air-purifying respirators; Reusable air-purifying respirators; Parts for air-purifying respirators, namely, face pieces, filters, and cartridges; Self-contained breathing apparatus; Protective coveralls that prevent injury from exposure to chemicals, disposable protective coveralls, disposable protective lab coats, protective chemical rainwear, namely, jackets, coveralls, bib overalls, hoods, ponchos, in each case to protect the wearer from injuries based on exposure to chemicals; Cryogenic gloves and aprons; High visibility apparel, namely, vests, jackets, pants, headwear, armbands, in each case made to cause the wearer to be visible in an effort to prevent injuries; Protective apparel, namely, boots, shoes, and gloves, in each case designed to protect the wearer from physical injury while working; Work gloves made of leather, cotton, nylon, polyester; Cut-resistant gloves; Mechanic's gloves; Welding gloves; High grip gloves; Fire retardant aprons; Fire retardant sleeves; Fire retardant jackets; Fire retardant coveralls; Fire retardant leggings; Fire retardant gloves; Safety harnesses; Safety lanyards; Self-retracting lanyards; Anchors; Connectors; Horizontal lifelines; Safety glass corded lanyards; Protective lens covers; Side shields for glasses; Flammable storage cabinets; Flammable storage cans; Safety equipment storage cabinets; Portable multi-gas detectors; Portable single gas detectors; Mon-portable multi-gas detectors, Non-portable single-gas detectors; Photoionization (PID) detectors; Noise monitors; Sound level meters; Noise dosimeters; Dosimeter calibrators; Arc-flash kits, Arc-flash coveralls; Arc-flash jackets; Arc-flash pants; Arc-flash bib overalls; Arc-flash hoods; Arc-flash gloves; Arc-flash face shields; Rubber aprons for scientific and laboratory use; Vinyl aprons and sleeves for scientific and laboratory use; Neoprene aprons for scientific and laboratory use; Vinyl coat aprons for scientific and laboratory use; Neoprene coat aprons for scientific and laboratory use; Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for scientific and laboratory use; Disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for scientific and laboratory use
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: Safety glasses, safety goggles, safety eyewashes, safety showers, face shields; Safety eyeglasses, safety goggles, non-medicated safety eyewashes, decontamination showers, face protection shields; face shield visors; face protection shield visors; face shield suspensions; face shield suspensions configured to sit on a user's head and secure a removable face shield in place; Hard hats and Bump caps; Hard hats; Disposable air-purifying respirators; Bump caps for protecting against small impacts that a user may incur when bumping into or knocking against a stationary object; Reusable air-purifying respirators; Disposable air-purifying respirators, for use other than for artificial respiration; Parts for air-purifying respirators, namely, face pieces, filters, and cartridges; Reusable air-purifying respirators for use other than for artificial respiration; Self-contained breathing apparatus; Parts for air-purifying respirators for use other than for artificial respiration, namely face pieces, filters, and cartridges; Protective coveralls that prevent injury from exposure to chemicals, disposable protective coveralls, disposable protective lab coats, protective chemical rainwear, namely, jackets, coveralls, bib overalls, hoods, ponchos, in each case to protect the wearer from injuries based on exposure to chemicals; Self-contained breathing apparatus for hazmat use; Cryogenic gloves and aprons; Protective coveralls that prevent injury from exposure to chemicals, disposable protective coveralls, disposable protective lab coats, protective chemical rainwear, namely jackets, coveralls, bib overalls, hoods, ponchos, in each case to protect the wearer from injuries based on exposure to chemicals; High visibility apparel, namely, vests, jackets, pants, headwear, armbands, in each case made to cause the wearer to be visible in an effort to prevent injuries; cryogenic gloves and aprons to protect hands, arms and front torso of a worker from hazardous ultra-cold materials; Protective apparel, namely, boots, shoes, and gloves, in each case designed to protect the wearer from physical injury while working; High visibility apparel, namely vests, jackets, pants, headwear, armbands, in each case made to cause the wearer to be visible in an effort to prevent injuries; Work gloves made of leather, cotton, nylon, polyester; Protective apparel, namely boots, shoes, and gloves, in each case designed to protect the wearer from physical injury while working; Cut-resistant gloves; Protective work gloves made of leather, cotton, nylon, polyester; Mechanic's gloves; Protective cut-resistant work gloves; Welding gloves; Protective welding work gloves for use by mechanic's welding work gloves; High grip gloves; High grip protective work gloves; Fire retardant aprons; Safety harnesses other than for vehicles or sports purposes; Fire retardant sleeves; Safety lanyard for fall protection; Fire retardant jackets; Self-retracting safety lanyards for fall protection; Fire retardant coveralls; Fall protection equipment for fall restraint and fall arrest, namely, bars, anchors, harnesses, lines, lanyards, carabiners and anchorage connectors; Fire retardant leggings; glass corded safety lanyards for fall protection; Fire retardant gloves; side shields for glasses that removably attach to the sides of glasses for providing temporary protection; Safety harnesses; storage cabinets for flammable materials; Safety lanyards; storage cans for flammable materials; Self-retracting lanyards; Portable multi-gas detectors for detecting the presence of gas; Anchors; Portable single gas detectors for detecting the presence of gas; Connectors; Non-portable multi-gas detectors for detecting the presence of gas, Non-portable single-gas detectors for detecting the presence of gas; Horizontal lifelines; Photoionization (PID) detectors; Safety glass corded lanyards; noise monitors; Protective lens covers; sound level meters; Side shields for glasses; noise dosimeters; Flammable storage cabinets; dosimeter calibrators; Flammable storage cans; arc-flash kits comprised of [specify major components of the kits, arc-flash coveralls, arc-flash jackets, arc-flash pants, arc-flash bibs, arc-flash hoods, arc-flash gloves, and arc-flash face shields, in each case to help to protect against high heat, flames, molten metals, and shrapnel, associated with exposures to an electrical arc flash explosion; Safety equipment storage cabinets; Portable multi-gas detectors; Portable single gas detectors; Mon-portable multi-gas detectors, Non-portable single-gas detectors; Arc-flash kits, Arc-flash coveralls; Arc-flash jackets; Arc-flash pants; Arc-flash bib overalls; Arc-flash hoods; Arc-flash gloves; Arc-flash face shields; Rubber aprons for scientific and laboratory use; Vinyl aprons and sleeves for scientific and laboratory use; Neoprene aprons for scientific and laboratory use; Vinyl coat aprons for scientific and laboratory use; Neoprene coat aprons for scientific and laboratory use; Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for scientific and laboratory use; Disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for scientific and laboratory useClass 009 for Safety eyeglasses, safety goggles, non-medicated safety eyewashes, decontamination showers, face protection shields; face protection shield visors; face shield suspensions configured to sit on a user's head and secure a removable face shield in place; Hard hats; Bump caps for protecting against small impacts that a user may incur when bumping into or knocking against a stationary object; Disposable air-purifying respirators, for use other than for artificial respiration; Reusable air-purifying respirators for use other than for artificial respiration; Parts for air-purifying respirators for use other than for artificial respiration, namely face pieces, filters, and cartridges; Self-contained breathing apparatus for hazmat use; Protective coveralls that prevent injury from exposure to chemicals, disposable protective coveralls, disposable protective lab coats, protective chemical rainwear, namely jackets, coveralls, bib overalls, hoods, ponchos, in each case to protect the wearer from injuries based on exposure to chemicals; cryogenic gloves and aprons to protect hands, arms and front torso of a worker from hazardous ultra-cold materials; High visibility apparel, namely vests, jackets, pants, headwear, armbands, in each case made to cause the wearer to be visible in an effort to prevent injuries; Protective apparel, namely boots, shoes, and gloves, in each case designed to protect the wearer from physical injury while working; Protective work gloves made of leather, cotton, nylon, polyester; Protective cut-resistant work gloves; Protective welding work gloves for use by mechanic's welding work gloves; High grip protective work gloves; Safety harnesses other than for vehicles or sports purposes; Safety lanyard for fall protection; Self-retracting safety lanyards for fall protection; Fall protection equipment for fall restraint and fall arrest, namely, bars, anchors, harnesses, lines, lanyards, carabiners and anchorage connectors; glass corded safety lanyards for fall protection; side shields for glasses that removably attach to the sides of glasses for providing temporary protection; storage cabinets for flammable materials; storage cans for flammable materials; Portable multi-gas detectors for detecting the presence of gas; Portable single gas detectors for detecting the presence of gas; Non-portable multi-gas detectors for detecting the presence of gas, Non-portable single-gas detectors for detecting the presence of gas; Photoionization (PID) detectors; noise monitors; sound level meters; noise dosimeters; dosimeter calibrators; arc-flash kits comprised of [specify major components of the kits, arc-flash coveralls, arc-flash jackets, arc-flash pants, arc-flash bibs, arc-flash hoods, arc-flash gloves, and arc-flash face shields, in each case to help to protect against high heat, flames, molten metals, and shrapnel, associated with exposures to an electrical arc flash explosion
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Supplied-air respirators; Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for medical use; Disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for medical use
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: Supplied-air respirators; Supplied-air respirators for artificial respiration; Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for medical use; Disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for medical useClass 010 for Supplied-air respirators for artificial respiration; Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for medical use; Disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for medical use
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Powered-air purifying respirators; Filters and cartridges for powered-air purifying respirators
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: Powered-air purifying respirators; Powered air purifying apparatus; Filters and cartridges for powered-air purifying respirators; components of powered air purifying apparatus, namely, filters and cartridgesClass 011 for Powered air purifying apparatus; components of powered air purifying apparatus, namely, filters and cartridges
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton; Disposable gloves made of nitrile, neoprene, latex, vinyl
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: Gloves made of nitrile, neoprene, rubber, PVC, butyl, viton; Work gloves made of nitrile, neoprene, rubber, PVC, butyl and viton; Disposable gloves made of nitrile, neoprene, latex, vinyl; Disposable work gloves made of nitrile, neoprene, latex, vinylClass 021 for Work gloves made of nitrile, neoprene, rubber, PVC, butyl and viton; Disposable work gloves made of nitrile, neoprene, latex, vinyl
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for Vinyl aprons and sleeves; Neoprene aprons; Vinyl coat aprons; Neoprene coat aprons; Rubber aprons
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: Vinyl aprons and sleeves; Rubber aprons for scientific and laboratory use; Neoprene aprons; vinyl aprons and sleeves for scientific and laboratory use; Vinyl coat aprons; neoprene aprons for scientific and laboratory use; Neoprene coat aprons; vinyl coat aprons for scientific and laboratory use; Rubber aprons; neoprene coat aprons for scientific and laboratory use; gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for scientific and laboratory use; disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for scientific and laboratory useClass 025 for Rubber aprons for scientific and laboratory use; vinyl aprons and sleeves for scientific and laboratory use; neoprene aprons for scientific and laboratory use; vinyl coat aprons for scientific and laboratory use; neoprene coat aprons for scientific and laboratory use; gloves made of nitrile, neoprene, rubber, PVC, butyl, viton, in each case, for scientific and laboratory use; disposable gloves made of nitrile, neoprene, latex, vinyl, in each case, for scientific and laboratory use
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 034 for Receptacles for disposal of discarded waste associated with smoking cigarettes and cigars
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: Receptacles for disposal of discarded waste associated with smoking cigarettes and cigars; Smokers' articles, namely, outdoor receptacles for cigar and cigarette ash and wasteClass 034 for Smokers' articles, namely, outdoor receptacles for cigar and cigarette ash and waste
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 004 for Butane, propane
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: Robert E. Cannuscio. Robert E. Cannuscio of Drinker Biddle & Reath LLP, is located at

      One Logan Square, Ste. 2000
      Philadelphia, Pennsylvania 19103-6996
      US

The phone number is 215-988-3303.

The fax number is 215-988-2757.

The email address is Docketing-PH@dbr.com

The applicants proposed attorney information: Robert E. Cannuscio. Other appointed attorneys are Jennifer L. Dean, Darren S. Cahr, Melissa S. Dillenbeck, Tore T. DeBella, Jennifer T. Criss, and Kelly M. Horein. Robert E. Cannuscio of Drinker Biddle & Reath 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

      One Logan Square, Ste. 2000
      Philadelphia, Pennsylvania 19103-6996
      United States
The docket/reference number is 35639-592307.

The phone number is 215-988-3303.

The fax number is 215-988-2757.

The email address is Docketing-PH@dbr.com

Robert E. Cannuscio 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: Robert E. Cannuscio. Robert E. Cannuscio of Drinker Biddle & Reath LLP, is located at

      One Logan Square, Ste. 2000
      Philadelphia, Pennsylvania 19103-6996
      US

The phone number is 215-988-3303.

The fax number is 215-988-2757.

The email address is Docketing-PH@dbr.com

The applicants proposed correspondence information: Robert E. Cannuscio. Robert E. Cannuscio of Drinker Biddle & Reath LLP, is located at

      One Logan Square, Ste. 2000
      Philadelphia, Pennsylvania 19103-6996
      United States
The docket/reference number is 35639-592307.

The phone number is 215-988-3303.

The fax number is 215-988-2757.

The email address is Docketing-PH@dbr.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
REMARKS: Applicant gratefully thanks the Examining Attorney for the proposed amendments to the goods. Applicant has considered the proposed changes and presented amendments in line with the products sold by Applicant. Regarding the goods in class 1, to better understand the amendments, Applicant wishes to explain that "calibration gases" are bottled in order to dispense a controlled and safe amount of a single volume or combined volume of gases into a gas detection device for the purpose of calibrating the gas detection (safety) device for accurate measurements. Wikipedia provides the following definition which is helpful: A calibration gas is a reference gas or gas mixture used as comparative standard in the calibration of analytical instruments, like gas analysers or gas detectors. Therefore, a calibration gas has to be of a precisely defined nature or composition, like zero gas or span gas, for example 500 ppm carbon monoxide in nitrogen. To be a calibration gas, the gas must be traceable to a national or international standard. Traceability is the unbroken chain of comparisons to an acceptable international standard. The calibration gas standard establishes a known analyzer response to a certified chemical component concentration. In the calibration gas, preparation tolerance (PT) and certification/analytical accuracy (CA) are of utmost importance. Thus, certain listed products, such as ammonia, sulfur dioxide, hexane, isobutylene, carbon dioxide and carbon monoxide are supplied as gases. See, for example, http://en.wikipedia.org/wiki/Ammonia (ammonia is a colorless gas with a characteristic pungent smell. It is lighter than air, its density being 0.589 times that of air); and http://pubchem.ncbi.nlm.nih.gov/compound/Sulfur-dioxide (sulfur dioxide appears as a colorless gas). Benzene is pure benzene, not methyl benzene Regarding the question about "zero air", that is known in the industry as atmospheric air specially cleaned so that it contains less than 0.1 ppm of hydrocarbon impurities; it then is usable in laboratory procedures such as versions of gas chromatography in which sufficiently pure air may serve as a carrier gas. See, http://en.wiktionary.org/wiki/zero_air As for the safety eyewashes, those are nonmedicated and comprised of 98.3% purified water and sterile solution that is free from foreign particles. The "face shield suspension" refers to the device that attaches to and sits on the head of a user and holds the actual shield in place that protects the wearer. This allows the user to change the shield only and continue to use the suspension with new shields. "Bump caps" protect against small impacts that a worker may incur when bumping into or knocking against a stationary object, while hard hats offer additional protection against falling or moving objects. "Slip-on sideshields" are designed to fit all types of eyewear, making them ideal for visitors and temporary workers. They provide a quick and inexpensive way to ensure lateral eye protection. Many of the other amendments are in line with the Examining Attorney's helpful proposals. Applicant respectfully submits that the amended goods are definite and clear. Applicant invites the Examining Attorney to contact Applicant's attorney to discuss any additional amendments that might be necessary.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Robert E. Cannuscio/      Date: 12/12/2019
Signatory's Name: Robert E. Cannuscio
Signatory's Position: Attorney of Record
Signatory's Phone Number: 215-988-3303


Response Signature
Signature: /Robert E. Cannuscio/     Date: 12/12/2019
Signatory's Name: Robert E. Cannuscio
Signatory's Position: Attorney of Record

Signatory's Phone Number: 215-988-3303

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:    Robert E. Cannuscio
   Drinker Biddle & Reath LLP
   
   One Logan Square, Ste. 2000
   Philadelphia, Pennsylvania 19103-6996
Mailing Address:    Robert E. Cannuscio
   Drinker Biddle & Reath LLP
   One Logan Square, Ste. 2000
   Philadelphia, Pennsylvania 19103-6996
        
RAM Sale Number: 88360913
RAM Accounting Date: 12/12/2019
        
Serial Number: 88360913
Internet Transmission Date: Thu Dec 12 17:55:42 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20191212175542357
774-88360913-700ef7c56fbee86f8171ca7a4c2
d8a367f804be11734213ccdefbeb7e4624ed12-C
C-55409863-20191212175140234807