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)

---

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. 88392217 WAYLAND INDUSTRIES(Standard Characters, see http://uspto.report/TM/88392217/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 019 for Stainless tubing, pipe, fittings, valves of all types used in Sanitary, beverage, dairy, food and pharmaceutical, chemical, industrial, instrumentation, hygienic, cryogenic, namely, weld fittings, clamp fittings, I-Line fittings, bevel seat fittings, John Perry fittings, Q-Line fittings, pipe size fittings, ball valves, butterfly valves, sampling valves, check valves, diaphragm valves, actuated valves, plug valves, relief valves, spray ball valves, sanitary gaskets, pressure gages, sight glasses, sanitary pumps, pump parts, tube hangers, strainers, filters, swivel joints, threaded and socket weld fittings, pipe nipples, plate flanges, forged flanges, hoses, hose stems, crimp ferrules, custom stainless steel fabrication

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Stainless tubing in the nature of stainless steel tubes; pipes, namely, metal pipes for use in the beverage, dairy, food, pharmaceutical, chemical, and hygienic industries; metal fittings, namely, fittings of metal for pipes, weld fittings, clamp fittings, I-Line fittings, bevel seat fittings, John Perry fittings, Q-Line fittings, and pipe size fittings, all for use in the beverage, dairy, food, pharmaceutical, chemical, and hygienic industries; valves, namely, manually operated metal valves, namely, ball valves, butterfly valves, sampling valves, check valves, diaphragm valves, actuated valves, plug valves, relief valves, spray ball valves, or for example, valves of metal, namely, ball valves, butterfly valves, sampling valves, check valves, diaphragm valves, actuated valves, plug valves, relief valves, spray ball valves, all of the aforementioned valves being for use in the beverage, dairy, food, pharmaceutical, chemical, industrial, cryogenic, and hygienic industries; steel gaskets, steel pressure gauges, steel pumps, tube hangers, strainers, filters, swivel joints, threaded and socket weld fittings, steel pipe nipples, steel plate flanges, steel forged flanges, metal hoses, metal hose stems, metal crimp ferrules, all of the aforementioned for use in the beverage, dairy, food, pharmaceutical, chemical, industrial, cryogenic, and hygienic industries
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Custom stainless steel fabrication to the order and specification of others
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Joel T. Beres. Joel T. Beres of STITES & HARBISON, PLLC, is located at

      SUITE 1800
      400 WEST MARKET ST.
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is CT031L/19139.

The phone number is 502-681-0324.

The fax number is 502-587-6391.

The email address is jberes@stites.com

The applicants proposed attorney information: Joel T. Beres. Other appointed attorneys are Mari-Elise Paul, John Scruton, and Alex MacKay. Joel T. Beres of STITES & HARBISON, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 1800
      400 WEST MARKET ST.
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is CT031L/19139.

The phone number is 502-681-0324.

The fax number is 502-587-6391.

The email address is jberes@stites.com

Joel T. Beres 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: JOEL T. BERES. JOEL T. BERES of STITES & HARBISON, PLLC, is located at

      SUITE 1800
      400 WEST MARKET ST.
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is CT031L/19139.

The phone number is 502-681-0324.

The fax number is 502-587-6391.

The email address is jberes@stites.com; tmlou@stites.com

The applicants proposed correspondence information: Joel T. Beres. Joel T. Beres of STITES & HARBISON, PLLC, is located at

      SUITE 1800
      400 WEST MARKET ST.
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is CT031L/19139.

The phone number is 502-681-0324.

The fax number is 502-587-6391.

The email address is jberes@stites.com; mpaul@stites.com; tmlou@stites.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use INDUSTRIES apart from the mark as shown.


FEE(S)
Fee(s) in the amount of $550 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: /mari-elise paul/      Date: 01/03/2020
Signatory's Name: Mari-Elise Paul
Signatory's Position: Attorney of Record, Virginia Bar Member

Response Signature
Signature: /mari-elise paul/     Date: 01/03/2020
Signatory's Name: Mari-Elise Paul
Signatory's Position: Attorney of Record, Virginia Bar Member

Signatory's Phone Number: 703.837.3932

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:    JOEL T. BERES
   STITES & HARBISON, PLLC
   SUITE 1800
   400 WEST MARKET ST.
   LOUISVILLE, Kentucky 40202
Mailing Address:    Joel T. Beres
   STITES & HARBISON, PLLC
   SUITE 1800
   400 WEST MARKET ST.
   LOUISVILLE, Kentucky 40202
        
RAM Sale Number: 88392217
RAM Accounting Date: 01/03/2020
        
Serial Number: 88392217
Internet Transmission Date: Fri Jan 03 22:22:36 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202001032222368
70530-88392217-7007154c552be34058c7ea387
f42ee55c836cd3df28f096f826f71881a74c96-C
C-22341679-20200103221748564400