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. 88392074 ELCRIN(Standard Characters, see http://uspto.report/TM/88392074/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 Unprocessed filled and unfilled thermoplastic polymer compositions useful in molding, coating and other applications; unprocessed thermoplastic resins in pellet or powder form for general industrial use
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[ Benelux application number 1387188 filed 12/18/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Benelux registration number 1387188 registered 03/19/2019 with a renewal date of __________ and an expiration date of 12/18/2028 ], and translation thereof, if appropriate. 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.

Proposed:
Tracked Text Description: Unprocessed filled and unfilled thermoplastic polymer compositions useful in molding, coating and other applications; Unprocessed filled and unfilled thermoplastic polymer compositions useful in molding, coating and manufacturing in a wide variety of industries; unprocessed thermoplastic resins in pellet or powder form for general industrial useClass 001 for Unprocessed filled and unfilled thermoplastic polymer compositions useful in molding, coating and manufacturing in a wide variety of industries; unprocessed thermoplastic resins in pellet or powder form for general industrial use
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 [ Benelux application number 1387188 filed 12/18/2018]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Benelux registration number 1387188 registered 03/19/2019 with a renewal date of __________ and an expiration date of 12/18/2028 ], 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for Resinous compositions useful in molding applications and in other industrial arts; semi-processed thermoplastic resin sheet materials, stock-shapes and molding compound; semi-processed thermoplastics in extruded form, namely, sheets, film and filament
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[ Benelux application number 1387188 filed 12/18/2018]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Benelux registration number 1387188 registered 03/19/2019 with a renewal date of __________ and an expiration date of 12/18/2028 ], and translation thereof, if appropriate. 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.

Proposed:
Tracked Text Description: Resinous compositions useful in molding applications and in other industrial arts; Resinous compositions useful in molding applications and in other industrial arts, namely, semi-processed resins; semi-processed thermoplastic resin sheet materials, stock-shapes and molding compound; semi-processed thermoplastic resin sheet materials, stock-shapes and molding compound, namely, semi-processed resins; semi-processed thermoplastics in extruded form, namely, sheets, film and filament; semi-processed thermoplastics in extruded form, namely, sheets, film and filament, for use in further manufactureClass 017 for Resinous compositions useful in molding applications and in other industrial arts, namely, semi-processed resins; semi-processed thermoplastic resin sheet materials, stock-shapes and molding compound, namely, semi-processed resins; semi-processed thermoplastics in extruded form, namely, sheets, film and filament, for use in further manufacture
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 [ Benelux application number 1387188 filed 12/18/2018]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Benelux registration number 1387188 registered 03/19/2019 with a renewal date of __________ and an expiration date of 12/18/2028 ], 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.

The applicant's current attorney information: Michelle P. Ciotola. Michelle P. Ciotola of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      US
The docket/reference number is P570033TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

The applicants proposed attorney information: Michelle P. Ciotola. Other appointed attorneys are Curtis Krechevsky, George A. Pelletier, Jr., Alison M. Caless, Benjamin M. Cantor, Thomas J. Mango and Michael A. Cantor. Michelle P. Ciotola of CANTOR COLBURN 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

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      United States
The docket/reference number is P570033TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

Michelle P. Ciotola 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: MICHELLE P. CIOTOLA. MICHELLE P. CIOTOLA of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      US
The docket/reference number is P570033TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

The applicants proposed correspondence information: Michelle P. Ciotola. Michelle P. Ciotola of CANTOR COLBURN LLP, is located at

      22ND FLOOR
      20 CHURCH STREET
      HARTFORD, Connecticut 06103
      United States
The docket/reference number is P570033TUS.

The phone number is 860-286-2929.

The fax number is 860-286-0115.

The email address is TM-CT@cantorcolburn.com

SIGNATURE(S)
Response Signature
Signature: /amc/     Date: 12/20/2019
Signatory's Name: Alison M. Caless
Signatory's Position: Attorney of Record, CT Bar Member

Signatory's Phone Number: 860-286-2929

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:    MICHELLE P. CIOTOLA
   CANTOR COLBURN LLP
   22ND FLOOR
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
Mailing Address:    Michelle P. Ciotola
   CANTOR COLBURN LLP
   22ND FLOOR
   20 CHURCH STREET
   HARTFORD, Connecticut 06103
        
Serial Number: 88392074
Internet Transmission Date: Fri Dec 20 16:08:48 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201912201608487226
78-88392074-7003a79246b14da4350388df0b4b
e79375f622f802e1649d034792825c491789f8-N
/A-N/A-20191220155727347185