Response to Office Action

ACCU

Accu Limited

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 88383827
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK http://uspto.report/TM/88383827/mark.png
LITERAL ELEMENT ACCU
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.
GOODS AND/OR SERVICES SECTION (006)(current)
INTERNATIONAL CLASS 006
DESCRIPTION
Metal hardware; screws of metal; nuts of metal; bolts of metal; fasteners of metal; screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, all of metal; screw nuts, threaded nuts, wing nuts, all of metal; eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, all of metal; cables, wires and chains of metal; screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, all of metal; metal pulleys, springs and valves; belt stretchers of metal; couplings of metal for tubing, piping or chains; washers of metal; spacers of metal; pre-fabricated metal building assembly kits; valve assemblies of metal; parts and fittings for the aforesaid goods
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
        FOREIGN FILING DATE 11/06/2018
GOODS AND/OR SERVICES SECTION (006)(proposed)
INTERNATIONAL CLASS 006
TRACKED TEXT DESCRIPTION
Metal hardware; Metal hardware , namely, dowel pins, circlips, self tapping inserts, clips, clamps, joints and couplings; screws of metal; nuts of metal; bolts of metal; fasteners of metal; fasteners of metal, namely, bolts and rivets; screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, all of metal; metal hardware, namely, screw, bolts, caps in the nature of sealing caps of metal; screw nuts, threaded nuts, wing nuts, all of metal; cups in the nature of metal suction cups; eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, all of metal; eyes in the nature of metal eye bolts, metal eye nuts, metal hoist rings; cables, wires and chains of metal; nuts, rings in the nature of sealing rings, o-rings, retaining rings; screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, all of metal; rivets and tops in the nature of screw tops of metal for bottles, all of metal; metal screw nuts, metal threaded nuts, metal wing nuts, all of metal; eye bolts, metal expansion bolts, metal anchor bolts, metal U-bolts, metal fixing bolts, metal screw bolts, metal bolt snaps, all of metal; metal cables non-electric, metal cable wires and metal chains of metal; washers of metal; metal fasteners, namely, screw threaded fasteners, clevis fasteners, thumbscrew fasteners, snap ring screw fasteners, machine belt fasteners, blind bolt fasteners, all of metal; spacers of metal; metal pulleys, springs and valves; belt stretchers of metal; valve assemblies of metal; couplings of metal for tubing, piping or chains; washers of metal for use with screws and bolts, pins, shafts, motors; spacers of metal in the nature of fastener spacers, shaft spacers, bracket spacers; pre-fabricated metal building assembly kits; valve assemblies of metal not being parts of machines; parts and fittings for the aforesaid goods
FINAL DESCRIPTION
Metal hardware , namely, dowel pins, circlips, self tapping inserts, clips, clamps, joints and couplings; screws of metal; nuts of metal; bolts of metal; fasteners of metal, namely, bolts and rivets; metal hardware, namely, screw, bolts, caps in the nature of sealing caps of metal; cups in the nature of metal suction cups; eyes in the nature of metal eye bolts, metal eye nuts, metal hoist rings; nuts, rings in the nature of sealing rings, o-rings, retaining rings; rivets and tops in the nature of screw tops of metal for bottles, all of metal; metal screw nuts, metal threaded nuts, metal wing nuts, all of metal; eye bolts, metal expansion bolts, metal anchor bolts, metal U-bolts, metal fixing bolts, metal screw bolts, metal bolt snaps, all of metal; metal cables non-electric, metal cable wires and metal chains of metal; metal fasteners, namely, screw threaded fasteners, clevis fasteners, thumbscrew fasteners, snap ring screw fasteners, machine belt fasteners, blind bolt fasteners, all of metal; metal pulleys, springs and valves; belt stretchers of metal; couplings of metal for tubing, piping or chains; washers of metal for use with screws and bolts, pins, shafts, motors; spacers of metal in the nature of fastener spacers, shaft spacers, bracket spacers; pre-fabricated metal building assembly kits; valve assemblies of metal not being parts of machines; parts and fittings for the aforesaid goods
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
       FOREIGN FILING DATE 11/06/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; information, advisory and consultancy services relating to all the aforesaid services
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
        FOREIGN FILING DATE 11/06/2018
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering tools in the nature of calipers, gauges, laser distance meters, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; information, advisory and consultancy services relating to all the aforesaid services
FINAL DESCRIPTION
Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering tools in the nature of calipers, gauges, laser distance meters, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
       FOREIGN FILING DATE 11/06/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (040)(current)
INTERNATIONAL CLASS 040
DESCRIPTION
Custom manufacture of metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; custom manufacture of precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others; information, advisory and consultancy services relating to all the aforesaid services
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
        FOREIGN FILING DATE 11/06/2018
GOODS AND/OR SERVICES SECTION (040)(proposed)
INTERNATIONAL CLASS 040
TRACKED TEXT DESCRIPTION
Custom manufacture of metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; Custom manufacture for others of metal hardware, namely, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components in the nature of measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others; assembly of products for others.; information, advisory and consultancy services relating to all the aforesaid services
FINAL DESCRIPTION
Custom manufacture for others of metal hardware, namely, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components in the nature of measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others.
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER UK0000335126
       FOREIGN APPLICATION COUNTRY United Kingdom
       FOREIGN FILING DATE 11/06/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing information, advisory, and consulting services in the nature of technical consultation in the field of engineering and machine engineering analysis
FILING BASIS Section 1(b)
FILING BASIS Section 44(e)
        FOREIGN REGISTRATION NUMBER UK0000335126
       FOREIGN REGISTRATION
       COUNTRY
United Kingdom
       FOREIGN REGISTRATION
       DATE
11/06/2018
       FOREIGN EXPIRATION DATE 11/06/2028
PAYMENT SECTION
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 275
SIGNATURE SECTION
DECLARATION SIGNATURE /Leigh Augustine/
SIGNATORY'S NAME Leigh AUGUSTINE
SIGNATORY'S POSITION Attorney of Record, Colorado bar member
SIGNATORY'S PHONE NUMBER 720-845-6065
DATE SIGNED 07/30/2019
RESPONSE SIGNATURE /Leigh Augustine/
SIGNATORY'S NAME Leigh Augustine
SIGNATORY'S POSITION Attorney of record, Colorado bar member
SIGNATORY'S PHONE NUMBER 720.845.6007
DATE SIGNED 07/30/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jul 30 12:50:07 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0190730125007300908-88383
827-620357ac56f71b0eb4f84
b4a8826e994bad937daf478d5
0b88254a317b81a1aab-CC-50
062121-201907291849190925
92



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. 88383827 ACCU(Standard Characters, see http://uspto.report/TM/88383827/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 006 for Metal hardware; screws of metal; nuts of metal; bolts of metal; fasteners of metal; screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, all of metal; screw nuts, threaded nuts, wing nuts, all of metal; eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, all of metal; cables, wires and chains of metal; screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, all of metal; metal pulleys, springs and valves; belt stretchers of metal; couplings of metal for tubing, piping or chains; washers of metal; spacers of metal; pre-fabricated metal building assembly kits; valve assemblies of metal; parts and fittings for the aforesaid goods
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Metal hardware; Metal hardware , namely, dowel pins, circlips, self tapping inserts, clips, clamps, joints and couplings; screws of metal; nuts of metal; bolts of metal; fasteners of metal; fasteners of metal, namely, bolts and rivets; screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, all of metal; metal hardware, namely, screw, bolts, caps in the nature of sealing caps of metal; screw nuts, threaded nuts, wing nuts, all of metal; cups in the nature of metal suction cups; eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, all of metal; eyes in the nature of metal eye bolts, metal eye nuts, metal hoist rings; cables, wires and chains of metal; nuts, rings in the nature of sealing rings, o-rings, retaining rings; screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, all of metal; rivets and tops in the nature of screw tops of metal for bottles, all of metal; metal screw nuts, metal threaded nuts, metal wing nuts, all of metal; eye bolts, metal expansion bolts, metal anchor bolts, metal U-bolts, metal fixing bolts, metal screw bolts, metal bolt snaps, all of metal; metal cables non-electric, metal cable wires and metal chains of metal; washers of metal; metal fasteners, namely, screw threaded fasteners, clevis fasteners, thumbscrew fasteners, snap ring screw fasteners, machine belt fasteners, blind bolt fasteners, all of metal; spacers of metal; metal pulleys, springs and valves; belt stretchers of metal; valve assemblies of metal; couplings of metal for tubing, piping or chains; washers of metal for use with screws and bolts, pins, shafts, motors; spacers of metal in the nature of fastener spacers, shaft spacers, bracket spacers; pre-fabricated metal building assembly kits; valve assemblies of metal not being parts of machines; parts and fittings for the aforesaid goodsClass 006 for Metal hardware , namely, dowel pins, circlips, self tapping inserts, clips, clamps, joints and couplings; screws of metal; nuts of metal; bolts of metal; fasteners of metal, namely, bolts and rivets; metal hardware, namely, screw, bolts, caps in the nature of sealing caps of metal; cups in the nature of metal suction cups; eyes in the nature of metal eye bolts, metal eye nuts, metal hoist rings; nuts, rings in the nature of sealing rings, o-rings, retaining rings; rivets and tops in the nature of screw tops of metal for bottles, all of metal; metal screw nuts, metal threaded nuts, metal wing nuts, all of metal; eye bolts, metal expansion bolts, metal anchor bolts, metal U-bolts, metal fixing bolts, metal screw bolts, metal bolt snaps, all of metal; metal cables non-electric, metal cable wires and metal chains of metal; metal fasteners, namely, screw threaded fasteners, clevis fasteners, thumbscrew fasteners, snap ring screw fasteners, machine belt fasteners, blind bolt fasteners, all of metal; metal pulleys, springs and valves; belt stretchers of metal; couplings of metal for tubing, piping or chains; washers of metal for use with screws and bolts, pins, shafts, motors; spacers of metal in the nature of fastener spacers, shaft spacers, bracket spacers; pre-fabricated metal building assembly kits; valve assemblies of metal not being parts of machines; parts and fittings for the aforesaid goods
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; information, advisory and consultancy services relating to all the aforesaid services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering tools in the nature of calipers, gauges, laser distance meters, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; information, advisory and consultancy services relating to all the aforesaid servicesClass 035 for Retail and online retail store services relating to metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; retail and online retail store services relating to precision engineering tools in the nature of calipers, gauges, laser distance meters, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Custom manufacture of metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; custom manufacture of precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others; information, advisory and consultancy services relating to all the aforesaid services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Custom manufacture of metal hardware, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal, and parts and fittings for the aforesaid; Custom manufacture for others of metal hardware, namely, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components, measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components in the nature of measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others; assembly of products for others.; information, advisory and consultancy services relating to all the aforesaid servicesClass 040 for Custom manufacture for others of metal hardware, namely, tools, screws, nuts, bolts, fasteners, screw bolts, caps, covers, cups, eyes, nuts, rings, rivets and tops, screw nuts, threaded nuts, wing nuts, eye bolts, expansion bolts, anchor bolts, U-bolts, fixing bolts, screw bolts, bolt snaps, non-electric cables, wires and chains, screw threaded fasteners, box fasteners, clevis fasteners, thumbscrew fasteners, snap ring fasteners, machine belt fasteners, blind bolt fasteners, metal pulleys, springs and valves, belt stretchers, couplings for tubing, piping or chains, washers, spacers, pre-fabricated metal building assembly kits, valve assemblies of metal not being parts of machines, and parts and fittings for the aforesaid; custom manufacture of precision engineering components in the nature of measuring apparatus and tools, metrology apparatus and tools, hand-operated tools, wrenches, screwdrivers, machine tools, cutters and motors, gears, bearings, belts and pulleys for machines, and parts and fittings for the aforesaid; assembly of products for others.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000335126 filed 11/06/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing information, advisory, and consulting services in the nature of technical consultation in the field of engineering and machine engineering analysis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000335126 registered 11/06/2018 with a renewal date of __________ and an expiration date of 11/06/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

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: /Leigh Augustine/      Date: 07/30/2019
Signatory's Name: Leigh AUGUSTINE
Signatory's Position: Attorney of Record, Colorado bar member
Signatory's Phone Number: 720-845-6065


Response Signature
Signature: /Leigh Augustine/     Date: 07/30/2019
Signatory's Name: Leigh Augustine
Signatory's Position: Attorney of record, Colorado bar member

Signatory's Phone Number: 720.845.6007

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
RAM Sale Number: 88383827
RAM Accounting Date: 07/30/2019
        
Serial Number: 88383827
Internet Transmission Date: Tue Jul 30 12:50:07 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019073012500730
0908-88383827-620357ac56f71b0eb4f84b4a88
26e994bad937daf478d50b88254a317b81a1aab-
CC-50062121-20190729184919092592


Response to Office Action [image/jpeg]


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