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. 88413149 ECOSTREAM(Standard Characters, see http://uspto.report/TM/88413149/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 040 for Industrial wastewater treatment for reuse and disposal, and fresh water sourcing, and treatment for others; transportation for industrial wastewater and hydrocarbon waste via pipeline and trucking services; Oil reclamation and recovery services, including tank and truck cleaning for others, and processing reclaimed hydrocarbon waste for usable crude oil; Design, construction and operation of sustainable fluids management systems for others, include salt water disposal wells, water treatment facilities and pipelines; Treatment and disposal of hazardous and non-hazardous waste
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Industrial wastewater treatment for reuse and disposal, and fresh water sourcing, and treatment for others; transportation for industrial wastewater and hydrocarbon waste via pipeline and trucking services; Oil reclamation and recovery services, and processing reclaimed hydrocarbon waste for usable crude oil; Oil reclamation and recovery services, including tank and truck cleaning for others, and processing reclaimed hydrocarbon waste for usable crude oil; hazardous and non-hazardous waste treatment services; Design, construction and operation of sustainable fluids management systems for others, include salt water disposal wells, water treatment facilities and pipelines; destruction of hazardous and non-hazardous waste; Treatment and disposal of hazardous and non-hazardous waste; detoxification of hazardous and non-hazardous materials; decontamination of hazardous and non-hazardous waste materialsClass 040 for Industrial wastewater treatment for reuse and disposal, and fresh water sourcing, and treatment for others; Oil reclamation and recovery services, and processing reclaimed hydrocarbon waste for usable crude oil; hazardous and non-hazardous waste treatment services; destruction of hazardous and non-hazardous waste; detoxification of hazardous and non-hazardous materials; decontamination of hazardous and non-hazardous waste materials;
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 039 for Transportation for industrial wastewater and hydrocarbon waste via pipeline and trucking services; hazardous waste transportation services; removal services for hazardous and non-hazardous waste
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: Eran Kahana. Eran Kahana of MASLON LLP, is located at

      90 SOUTH 7TH STREET
      90 SOUTH 7TH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 20190258.

The phone number is 612-672-8385.

The fax number is 612-642-8385.

The email address is eran.kahana@maslon.com

The applicants proposed attorney information: Eran Kahana. Eran Kahana of MASLON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      suite 3300
      90 SOUTH 7TH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20190258.

The phone number is 612-672-8385.

The fax number is 612-642-8385.

The email address is eran.kahana@maslon.com

Eran Kahana 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: ERAN KAHANA. ERAN KAHANA of MASLON LLP, is located at

      90 SOUTH 7TH STREET
      90 SOUTH 7TH STREET
      MINNEAPOLIS, Minnesota 55402
      US
The docket/reference number is 20190258.

The phone number is 612-672-8385.

The fax number is 612-642-8385.

The email address is eran.kahana@maslon.com; debra.dix@maslon.com

The applicants proposed correspondence information: Eran Kahana. Eran Kahana of MASLON LLP, is located at

      suite 3300
      90 SOUTH 7TH STREET
      MINNEAPOLIS, Minnesota 55402
      United States
The docket/reference number is 20190258.

The phone number is 612-672-8385.

The fax number is 612-642-8385.

The email address is eran.kahana@maslon.com; debra.dix@maslon.com

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: /Eran Kahana/      Date: 11/18/2019
Signatory's Name: Eran Kahana
Signatory's Position: Attorney of Record, Minnesota bar member
Signatory's Phone Number: 612-672-8385


Response Signature
Signature: /Eran Kahana/     Date: 11/18/2019
Signatory's Name: Eran Kahana
Signatory's Position: Attorney of Record, Minnesota bar member

Signatory's Phone Number: 612-672-8385

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:    ERAN KAHANA
   MASLON LLP
   90 SOUTH 7TH STREET
   90 SOUTH 7TH STREET
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Eran Kahana
   MASLON LLP
   suite 3300
   90 SOUTH 7TH STREET
   MINNEAPOLIS, Minnesota 55402
        
RAM Sale Number: 88413149
RAM Accounting Date: 11/18/2019
        
Serial Number: 88413149
Internet Transmission Date: Mon Nov 18 16:12:33 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191118161233665
342-88413149-700ada0c755a5b91f7dcd2a5975
364eeba7d570337ea9296ea3ba7ca3f5f1749-CC
-12322865-20191118160104950938