Response to Office Action

NITROFLASH

Tifco Industries, Inc.

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 88408303
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK http://uspto.report/TM/88408303/mark.png
LITERAL ELEMENT NITROFLASH
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 (current)
INTERNATIONAL CLASS 011
DESCRIPTION
Skid mounted Nitrogen generation equipment and components, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks to be rapidly or "flash" filled in less than two minutes in Auto Mode, or one tank per hour in Normal Mode, sold as a unit
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/17/2019
        FIRST USE IN COMMERCE DATE At least as early as 04/17/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
Skid mounted Nitrogen generation equipment and components, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks to be rapidly or "flash" filled in less than two minutes in Auto Mode, or one tank per hour in Normal Mode, sold as a unit; Class 11: Skid mounted nitrogen generation equipment and component parts, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks, refillable in minutes instead of hours, all sold as a unit.
FINAL DESCRIPTION
Class 11: Skid mounted nitrogen generation equipment and component parts, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks, refillable in minutes instead of hours, all sold as a unit.
FILING BASIS Section 1(b)
DELETED FILING BASIS 1(a);
SIGNATURE SECTION
DECLARATION SIGNATURE /Aron A. Austin/
SIGNATORY'S NAME Aron A. Austin
SIGNATORY'S POSITION Vice President
SIGNATORY'S PHONE NUMBER 281-469-4800
DATE SIGNED 08/21/2019
RESPONSE SIGNATURE /Aron A. Austin/
SIGNATORY'S NAME Aron A. Austin
SIGNATORY'S POSITION Vice President
SIGNATORY'S PHONE NUMBER 281-469-4800
DATE SIGNED 08/21/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Aug 21 16:06:10 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20190821160610538830-8840
8303-61013dd745fa5f2282f8
d60e52dfdf3f54062f2ba7aa4
264112771f78926f8a-N/A-N/
A-20190816123101627672



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. 88408303 NITROFLASH(Standard Characters, see http://uspto.report/TM/88408303/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 011 for Skid mounted Nitrogen generation equipment and components, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks to be rapidly or "flash" filled in less than two minutes in Auto Mode, or one tank per hour in Normal Mode, sold as a unit
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/17/2019 and first used in commerce at least as early as 04/17/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Skid mounted Nitrogen generation equipment and components, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks to be rapidly or "flash" filled in less than two minutes in Auto Mode, or one tank per hour in Normal Mode, sold as a unit; Class 11: Skid mounted nitrogen generation equipment and component parts, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks, refillable in minutes instead of hours, all sold as a unit.Class 011 for Class 11: Skid mounted nitrogen generation equipment and component parts, namely, nitrogen generator, air compressors, gauges and manifold assembly and buffer tanks, including refillable high pressure portable tanks, refillable in minutes instead of hours, all sold as a unit.
Deleted Filing Basis: 1(a)
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.

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: /Aron A. Austin/      Date: 08/21/2019
Signatory's Name: Aron A. Austin
Signatory's Position: Vice President
Signatory's Phone Number: 281-469-4800


Response Signature
Signature: /Aron A. Austin/     Date: 08/21/2019
Signatory's Name: Aron A. Austin
Signatory's Position: Vice President

Signatory's Phone Number: 281-469-4800

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88408303
Internet Transmission Date: Wed Aug 21 16:06:10 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201908211606105
38830-88408303-61013dd745fa5f2282f8d60e5
2dfdf3f54062f2ba7aa4264112771f78926f8a-N
/A-N/A-20190816123101627672



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