Response to Office Action

TITANFORGE PRO SERIES

Dalstrong, 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 88415776
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88415776/mark.png
LITERAL ELEMENT TITANFORGE PRO SERIES
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of an arm and hammer image to the left of the word TITANFORGE and the words PRO SERIES below TITANFORGE.
ARGUMENT(S)
Consumers are not likely to be confused as to the origin of the Applicant's gourmet chef knives and the registrant's hand tools. The target consumer for registrant's goods are those looking for construction and home improvement tools. The target consumer for Applicant's gourmet chef knives are professional chefs and culinary enthusiasts. Applicant's target consumer will be discerning about the source of the chef knives and would focus on high-end craftsmanship and premium materials such as high-carbon steel. Applicant's target consumer is looking for high- end cooking tools whereas registrant's target consumer is looking for budget construction tools and would not buy budget construction tools from a company that makes and sells gourmet chef knives. To further distinguish Applicant's mark, Applicant has amended the description of the goods to specify "professional gourmet chef knives made from high-carbon steel. Applicant makes the following disclaimer: No claim is made to the exclusive right to use "PRO SERIES" apart from the mark as shown. Applicant makes the following mark description amendment: The mark consists of an arm and hammer design to the left of the stylized word "TITANFORGE" and the stylized words "PRO SERIES" wherein "PRO" is featured in a shaded rectangle.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 008
DESCRIPTION gourmet chef knives
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 008
TRACKED TEXT DESCRIPTION
gourmet chef knives; professional gourmet chef knives made from high-carbon steel
FINAL DESCRIPTION professional gourmet chef knives made from high-carbon steel
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use PRO SERIES apart from the mark as shown.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of an arm and hammer design to the left of the stylized word "TITANFORGE" and the stylized words "PRO SERIES" wherein "PRO" is featured in a shaded rectangle.
ATTORNEY SECTION (current)
NAME Diana Mederos
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MEDEROS LEGAL, PLLC
STREET 7000 W PALMETTO PARK RD STE 210
CITY BOCA RATON
STATE Florida
POSTAL CODE 33433
COUNTRY US
PHONE 561-654-4725
FAX 5613002085
EMAIL diana@miplegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 341-003
ATTORNEY SECTION (proposed)
NAME Diana Mederos
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME MEDEROS LEGAL, PLLC
STREET 7000 W PALMETTO PARK RD STE 210
CITY BOCA RATON
STATE Florida
POSTAL CODE 33433
COUNTRY United States
PHONE 561-654-4725
FAX 5613002085
EMAIL diana@miplegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 341-003
CORRESPONDENCE SECTION (current)
NAME DIANA MEDEROS
FIRM NAME MEDEROS LEGAL, PLLC
STREET 7000 W PALMETTO PARK RD STE 210
CITY BOCA RATON
STATE Florida
POSTAL CODE 33433
COUNTRY US
PHONE 561-654-4725
FAX 5613002085
EMAIL diana@miplegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 341-003
CORRESPONDENCE SECTION (proposed)
NAME Diana Mederos
FIRM NAME MEDEROS LEGAL, PLLC
STREET 7000 W PALMETTO PARK RD STE 210
CITY BOCA RATON
STATE Florida
POSTAL CODE 33433
COUNTRY United States
PHONE 561-654-4725
FAX 5613002085
EMAIL diana@miplegal.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 341-003
SIGNATURE SECTION
RESPONSE SIGNATURE /diana mederos/
SIGNATORY'S NAME Diana Mederos
SIGNATORY'S POSITION Attorney of Record, FL Bar Member
SIGNATORY'S PHONE NUMBER 5616544725
DATE SIGNED 01/18/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sat Jan 18 23:55:11 EST 2020
TEAS STAMP USPTO/ROA-XXX.XX.XX.XX-20
200118235511115753-884157
76-700cfc2dc23872e93b7fb6
b72607301a70ffde623b17c07
7dd0d6f5923d17cea1-N/A-N/
A-20200118233817563356



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. 88415776 TITANFORGE PRO SERIES (Stylized and/or with Design, see http://uspto.report/TM/88415776/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Consumers are not likely to be confused as to the origin of the Applicant's gourmet chef knives and the registrant's hand tools. The target consumer for registrant's goods are those looking for construction and home improvement tools. The target consumer for Applicant's gourmet chef knives are professional chefs and culinary enthusiasts. Applicant's target consumer will be discerning about the source of the chef knives and would focus on high-end craftsmanship and premium materials such as high-carbon steel. Applicant's target consumer is looking for high- end cooking tools whereas registrant's target consumer is looking for budget construction tools and would not buy budget construction tools from a company that makes and sells gourmet chef knives. To further distinguish Applicant's mark, Applicant has amended the description of the goods to specify "professional gourmet chef knives made from high-carbon steel. Applicant makes the following disclaimer: No claim is made to the exclusive right to use "PRO SERIES" apart from the mark as shown. Applicant makes the following mark description amendment: The mark consists of an arm and hammer design to the left of the stylized word "TITANFORGE" and the stylized words "PRO SERIES" wherein "PRO" is featured in a shaded rectangle.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for gourmet chef knives
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: gourmet chef knives; professional gourmet chef knives made from high-carbon steelClass 008 for professional gourmet chef knives made from high-carbon steel
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: Diana Mederos. Diana Mederos of MEDEROS LEGAL, PLLC, is located at

      7000 W PALMETTO PARK RD STE 210
      BOCA RATON, Florida 33433
      US
The docket/reference number is 341-003.

The phone number is 561-654-4725.

The fax number is 5613002085.

The email address is diana@miplegal.com

The applicants proposed attorney information: Diana Mederos. Diana Mederos of MEDEROS LEGAL, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7000 W PALMETTO PARK RD STE 210
      BOCA RATON, Florida 33433
      United States
The docket/reference number is 341-003.

The phone number is 561-654-4725.

The fax number is 5613002085.

The email address is diana@miplegal.com

Diana Mederos 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: DIANA MEDEROS. DIANA MEDEROS of MEDEROS LEGAL, PLLC, is located at

      7000 W PALMETTO PARK RD STE 210
      BOCA RATON, Florida 33433
      US
The docket/reference number is 341-003.

The phone number is 561-654-4725.

The fax number is 5613002085.

The email address is diana@miplegal.com

The applicants proposed correspondence information: Diana Mederos. Diana Mederos of MEDEROS LEGAL, PLLC, is located at

      7000 W PALMETTO PARK RD STE 210
      BOCA RATON, Florida 33433
      United States
The docket/reference number is 341-003.

The phone number is 561-654-4725.

The fax number is 5613002085.

The email address is diana@miplegal.com

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


Description of mark
The mark consists of an arm and hammer design to the left of the stylized word "TITANFORGE" and the stylized words "PRO SERIES" wherein "PRO" is featured in a shaded rectangle.

SIGNATURE(S)
Response Signature
Signature: /diana mederos/     Date: 01/18/2020
Signatory's Name: Diana Mederos
Signatory's Position: Attorney of Record, FL Bar Member

Signatory's Phone Number: 5616544725

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:    DIANA MEDEROS
   MEDEROS LEGAL, PLLC
   
   7000 W PALMETTO PARK RD STE 210
   BOCA RATON, Florida 33433
Mailing Address:    Diana Mederos
   MEDEROS LEGAL, PLLC
   7000 W PALMETTO PARK RD STE 210
   BOCA RATON, Florida 33433
        
Serial Number: 88415776
Internet Transmission Date: Sat Jan 18 23:55:11 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200118235511115
753-88415776-700cfc2dc23872e93b7fb6b7260
7301a70ffde623b17c077dd0d6f5923d17cea1-N
/A-N/A-20200118233817563356



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