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. 88374298 AZ ALL THE MAGIC CLEANER(Standard Characters, see http://uspto.report/TM/88374298/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Section 2(d) Likelihood of Confusion Refusal: Applicant concedes that the mark sought uses "AZ" and that it is the same as the sited mark however, the applicant does not sell to any of the same customers (applicant sells to stores such as Dollar General and other local resellers. Applicant does not sell to semi-conductor manufacturers and applicant does not sell to any industrial manufacturers. Applicants products would never be appropriated for industrial manufacturers. Though the description is similar the Applicants goods do not overlap with the cited marks and would in fact never be applicable. AZ Products states on their website that their "products are high-purity advanced specialty chemicals for use in integrated circuits and devices and flat-panel displays". Applicants products are basically a household product not manufactured or sold to any of the same customers or through the same sales channels. Therefor, Applicant believes that there is no likelihood of confusion. Inquiry Regarding Potential Significance of the Letters "AZ": Applicant is not seeking ownership of the two letter combination "AZ" nor any of the individual words ("ALL" "THE" "MAGIC" "CLEANER") in the application. Applicant is only seeking registration of the precise combination all of the words: "AZ ALL THE MAGIC CLEANER". Therefor Applicant respectfully requests that the objections related to the individual words be withdrawn. Classification: Applicant seeks only International Class 3 and limits the description to "Stain removing preparations and cleaning preparations." : Specimen Unacceptable - Nature of Specimen Unclear: see attached for new specimen which shows the current method of Applicants sales (retail (along with other household goods)). Information Regarding Specimen Required: Applicants goods are sold generally at discount retail outlets such as Dollar General and other such outlets along with general household products. Disclaimer of "CLEANER" Required: Applicant hereby disclaims "CLEANER" because it is not inherently distinctive. No claim is made to the exclusive right to use "CLEANER" apart from the mark as shown. Information Regarding Specimen Required: has been attached. Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

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

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

The applicant's current attorney information: Sonjui L. Kumar. Sonjui L. Kumar of KPPB LAW, is located at

      SUITE 800, ONE LAKESIDE COMMONS
      990 HAMMOND DRIVE NE
      ATLANTA, Georgia 30328
      US

The phone number is 404-617-2649.

The email address is skumar@kppblaw.com

The applicants proposed attorney information: Sonjui L. Kumar. Other appointed attorneys are Gaines P. Carter. Sonjui L. Kumar of KPPB LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      990 Hammond Drive NE
      990 Hammond Drive NE
      Atlanta, Georgia 30005
      United States

The phone number is 6786411654.

The fax number is (678) 443-2230.

The email address is gcarter@kppblaw.com

Sonjui L. Kumar 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: SONJUI L. KUMAR. SONJUI L. KUMAR of KPPB LAW, is located at

      SUITE 800, ONE LAKESIDE COMMONS
      990 HAMMOND DRIVE NE
      ATLANTA, Georgia 30328
      US

The phone number is 404-617-2649.

The email address is skumar@kppblaw.com; deepak.pasi@maxipconsult.com

The applicants proposed correspondence information: Sonjui L. Kumar. Sonjui L. Kumar of KPPB LAW, is located at

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

The phone number is 6784432220.

The fax number is (678) 443-2230.

The email address is gcarter@kppblaw.com; gcarter@kppblaw.com

SIGNATURE(S)
Declaration Signature

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

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

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Gaines P. Carter/      Date: 12/06/2019
Signatory's Name: Gaines P. Carter
Signatory's Position: Attorney
Signatory's Phone Number: 6786411654


Response Signature
Signature: /Gaines P. Carter/     Date: 12/06/2019
Signatory's Name: Gaines P. Carter
Signatory's Position: Attorney

Signatory's Phone Number: 6786411654

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    SONJUI L. KUMAR
   KPPB LAW
   SUITE 800, ONE LAKESIDE COMMONS
   990 HAMMOND DRIVE NE
   ATLANTA, Georgia 30328
Mailing Address:    Sonjui L. Kumar
   KPPB LAW
   990 Hammond Drive NE
   990 Hammond Drive NE
   Atlanta, Georgia 30328
        
Serial Number: 88374298
Internet Transmission Date: Fri Dec 06 19:43:39 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019120619433968
9326-88374298-7007e96f659f1ac2d996b2e2aa
25cf6f36c45b794e2e23683cfb70ea3a71db6bd2
-N/A-N/A-20191206191953876303