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. 88416831 BULWARK PROTECTION (Stylized and/or with Design, see http://uspto.report/TM/88416831/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 009 for Providing a website featuring educational information in the field of personal protective equipment for a variety of hazards

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Technical Bulletins, whitepapers, fact sheets, and industry updates concerning the field of personal protective equipment for a variety of hazards
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: Technical Bulletins, whitepapers, fact sheets, and industry updates concerning the field of personal protective equipment for a variety of hazards; Printed publications, namely, technical bulletins, whitepapers, fact sheets, and newsletters featuring industry updates all concerning the field of personal protective equipment for a variety of hazardsClass 016 for Printed publications, namely, technical bulletins, whitepapers, fact sheets, and newsletters featuring industry updates all concerning the field of personal protective equipment for a variety of hazards
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 proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing live and on-line professional education seminars, classes, workshops, technical bulletins and industry updates in the field of personal protective equipment for a variety of hazards; Training in the use and operation of personal protective equipment for a variety of hazards; On-line training services in the field of the field of personal protective equipment for a variety of hazards
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: Educational services, namely, providing live and on-line professional education seminars, classes, workshops, technical bulletins and industry updates in the field of personal protective equipment for a variety of hazards; Educational services, namely, providing live and on-line professional education seminars, classes, and workshops in the field of personal protective equipment for a variety of hazards; non-downloadable electronic publications in the nature of technical bulletins and newsletters featuring industry updates all in the field of personal protective equipment for a variety of hazards; On-line training services in the field of the field of personal protective equipment for a variety of hazards; Training in the use and operation of personal protective equipment for a variety of hazards; On-line training services in the field of personal protective equipment for a variety of hazardsClass 041 for Educational services, namely, providing live and on-line professional education seminars, classes, and workshops in the field of personal protective equipment for a variety of hazards; non-downloadable electronic publications in the nature of technical bulletins and newsletters featuring industry updates all in the field of personal protective equipment for a variety of hazards; Training in the use and operation of personal protective equipment for a variety of hazards; On-line training services in the field of personal protective equipment for a variety of hazards
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 045 (Original Class: 009 ) for Providing a website featuring educational information in the field of personal protective equipment for a variety of hazards
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.

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


Miscellaneous Statement
While the Examining Attorney has indicated that additional fees are required for the number of classes, Applicant respectfully notes that at the time of application the fee was paid for three classes at $275 each for a total of $825. Therefore, Applicant maintains that no further fees are due.


SIGNATURE(S)
Response Signature
Signature: /Kia H. Wimmer/     Date: 01/15/2020
Signatory's Name: Kia H. Wimmer
Signatory's Position: Assistant Secretary

Signatory's Phone Number: 302-529-3256

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.

        
Serial Number: 88416831
Internet Transmission Date: Thu Jan 16 09:26:28 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20200116092628530
957-88416831-70059bf58311e198e34d15d43ee
7deb613d263a55349c92dd844374b12516f9e-N/
A-N/A-20200115162522602845