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. 88371629 VICTUS(Standard Characters, see http://uspto.report/TM/88371629/mark.png) has been amended as follows:

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

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

EVIDENCE
Evidence in the nature of Response to Office Action_88371629_AWEAT.0537 Exhibit A - Declaration of James Kurka Exhibit B - VICTUS Webpage Exhibit C - Weatherford Press Release Exhibit D - VECTUS Webpage Exhibit E - VECTUS Registration Exhibit F - Victus Definition Exhibit G - Vectus Definition has been attached.
Original PDF file:
evi_64183207146-20191217174056968686_._AWEAT.0537-ROA_88371629.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_A-Declaration_of_James_Kurka.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_B-VICTUS_Webpage.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_C-Weatherford_Press_Release.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_D-VECTUS_Webpage.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_E-VECTUS_Registration.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_F-Victus_Definition.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_64183207146-20191217174056968686_._Exhibit_G-Vectus_Definition.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Oilfield system for managing annulus pressure during drilling operations
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: Oilfield system for managing annulus pressure during drilling operations; Oilfield system for managing annulus pressure during drilling operations comprised of integrated rig equipment designed to detect, control, and circulate out influxesClass 007 for Oilfield system for managing annulus pressure during drilling operations comprised of integrated rig equipment designed to detect, control, and circulate out influxes
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 037 for Oilfield drilling services, namely, managing annulus pressure during drilling operations
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: Oilfield drilling services, namely, managing annulus pressure during drilling operations; Oilfield drilling services, namely, rig equipment integration, real-time analysis, and facilitate rapid automated responses to manage annulus pressure during drilling operationsClass 037 for Oilfield drilling services, namely, rig equipment integration, real-time analysis, and facilitate rapid automated responses to manage annulus pressure during drilling operations
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 hereby appoints David W. Carstens. Other appointed attorneys are Colin P. Cahoon, Vincent J. Allen, Jeffrey G. Degenfelder, James R. Gourley, Shaukat A. Karjeker, James H. Ortega, Andrew Reed, James Tuck, and Brandon V. Zuniga. David W. Carstens of Carstens & Cahoon, 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

      PO Box 802334
      Dallas, Texas 75380
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is AWEAT.0537.

The phone number is 972.367.2001.

The fax number is 972.367.2002.

The email address is tmdocketing@cclaw.com

David W. Carstens 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: WEATHERFORD TECHNOLOGY HOLDINGS, LLC. WEATHERFORD TECHNOLOGY HOLDINGS, LLC, is located at

      2000 St. James Place
      Houston, Texas 77056
      US

The phone number is 713-836-6268.

The email address is wft.trademarks@weatherford.com

The applicants proposed correspondence information: David W. Carstens. David W. Carstens of Carstens & Cahoon, LLP, is located at

      PO Box 802334
      Dallas, Texas 75380
      United States
The docket/reference number is AWEAT.0537.

The phone number is 972.367.2001.

The fax number is 972.367.2002.

The email address is tmdocketing@cclaw.com

SIGNATURE(S)
Response Signature
Signature: /David W. Carstens/     Date: 12/17/2019
Signatory's Name: David W. Carstens
Signatory's Position: Attorney of Record

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:    WEATHERFORD TECHNOLOGY HOLDINGS, LLC
   
   
   2000 St. James Place
   Houston, Texas 77056
Mailing Address:    David W. Carstens
   Carstens & Cahoon, LLP
   PO Box 802334
   Dallas, Texas 75380
        
Serial Number: 88371629
Internet Transmission Date: Tue Dec 17 17:51:04 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912171751046
79281-88371629-70011ac2ff282fd57ac94d581
e67abeae9e70629b3345c58e39c0f31378f-N/A-
N/A-20191217174056968686