Response to Office Action

BUCKET VICE

Chagrinovations, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88383001
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88383001/mark.png
LITERAL ELEMENT BUCKET VICE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
The Office Action dated June 29, 2019 has been received and reviewed.

In response to the Examiner's refusal under Section, 2(e)(1), Applicant submits that mark BUCKET VICE is not, nor has become, a descriptive mark since the cancellation of US 3550730 in 2015.
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The Office Action dated June 29, 2019 has been received and reviewed. Chagrinovations, a related company to Process4, refiled for BUCKET VICE (US 3550730) which was inadvertently allowed to go abandoned. Chagrinovations requests that the exact goods in US 3550730 be allowed in the pending application, namely "Bucket holder made primarily of a non-metal material in the nature of clamping and holding arrangement for use in stabilizing buckets for stirring of contents manually or by power mixer for industrial use; non-metal bucket holders, not being an attachment for a power stirrer or power mixer, in the nature of a clamping and holding arrangement for use in stabilizing buckets when stirring or mixing manually or by power mixer or stirrer." Applicant submits that mark BUCKET VICE is not, nor has become, a descriptive mark since the cancellation of US 3550730 in 2015. Applicant requests allowance of the mark.
ATTORNEY SECTION (current)
NAME Brian E. Turung
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME FAY SHARPE LLP
STREET 1228 EUCLID AVENUE
CITY CLEVELAND
STATE Ohio
POSTAL CODE 44115
COUNTRY US
PHONE 216-363-9000
EMAIL uspto@faysharpe.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER CHAG 500009U
ATTORNEY SECTION (proposed)
NAME Brian E. Turung
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME FAY SHARPE LLP
STREET 1228 EUCLID AVENUE
CITY CLEVELAND
STATE Ohio
POSTAL CODE 44115
COUNTRY United States
PHONE 216-363-9000
EMAIL uspto@faysharpe.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER CHAG 500009U
CORRESPONDENCE SECTION (current)
NAME BRIAN E. TURUNG
FIRM NAME FAY SHARPE LLP
STREET 1228 EUCLID AVENUE
CITY CLEVELAND
STATE Ohio
POSTAL CODE 44115
COUNTRY US
PHONE 216-363-9000
EMAIL uspto@faysharpe.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER CHAG 500009U
CORRESPONDENCE SECTION (proposed)
NAME Brian E. Turung
FIRM NAME FAY SHARPE LLP
STREET 1228 EUCLID AVENUE
CITY CLEVELAND
STATE Ohio
POSTAL CODE 44115
COUNTRY United States
PHONE 216-363-9000
EMAIL uspto@faysharpe.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER CHAG 500009U
SIGNATURE SECTION
RESPONSE SIGNATURE /bet/
SIGNATORY'S NAME Brian E. Turung
SIGNATORY'S POSITION Attorney of Record/Ohio bar member
SIGNATORY'S PHONE NUMBER 216-363-9000
DATE SIGNED 12/11/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 11 12:05:54 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0191211120554137793-88383
001-700fb563483a66d34d6ea
29a8cfc8c1a7d503d97867a3e
3b39a1599d2f53f11f-N/A-N/
A-20191211115847673981



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. 88383001 BUCKET VICE(Standard Characters, see http://uspto.report/TM/88383001/mark.png) has been amended as follows:

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

The Office Action dated June 29, 2019 has been received and reviewed.

In response to the Examiner's refusal under Section, 2(e)(1), Applicant submits that mark BUCKET VICE is not, nor has become, a descriptive mark since the cancellation of US 3550730 in 2015.


The applicant's current attorney information: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      US
The docket/reference number is CHAG 500009U.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

The applicants proposed attorney information: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is CHAG 500009U.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

Brian E. Turung 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: BRIAN E. TURUNG. BRIAN E. TURUNG of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      US
The docket/reference number is CHAG 500009U.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

The applicants proposed correspondence information: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is CHAG 500009U.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Office Action dated June 29, 2019 has been received and reviewed. Chagrinovations, a related company to Process4, refiled for BUCKET VICE (US 3550730) which was inadvertently allowed to go abandoned. Chagrinovations requests that the exact goods in US 3550730 be allowed in the pending application, namely "Bucket holder made primarily of a non-metal material in the nature of clamping and holding arrangement for use in stabilizing buckets for stirring of contents manually or by power mixer for industrial use; non-metal bucket holders, not being an attachment for a power stirrer or power mixer, in the nature of a clamping and holding arrangement for use in stabilizing buckets when stirring or mixing manually or by power mixer or stirrer." Applicant submits that mark BUCKET VICE is not, nor has become, a descriptive mark since the cancellation of US 3550730 in 2015. Applicant requests allowance of the mark.


SIGNATURE(S)
Response Signature
Signature: /bet/     Date: 12/11/2019
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of Record/Ohio bar member

Signatory's Phone Number: 216-363-9000

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:    BRIAN E. TURUNG
   FAY SHARPE LLP
   
   1228 EUCLID AVENUE
   CLEVELAND, Ohio 44115
Mailing Address:    Brian E. Turung
   FAY SHARPE LLP
   1228 EUCLID AVENUE
   CLEVELAND, Ohio 44115
        
Serial Number: 88383001
Internet Transmission Date: Wed Dec 11 12:05:54 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019121112055413
7793-88383001-700fb563483a66d34d6ea29a8c
fc8c1a7d503d97867a3e3b39a1599d2f53f11f-N
/A-N/A-20191211115847673981



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