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. 88419250 SAMPLING DONE RIGHT(Standard Characters, see http://uspto.report/TM/88419250/mark.png) has been amended as follows:

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

In respect tot he Class 41 services, Applicant has adopted a substantial portion, but not all, of the proposed revised identification of the services.  For example and avoidance of inaccuracy, Applicants' educational services generally are conducted in the form of live seminars and hands-on teaching using training equipment, not by "means of radio and television."

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational programming and training services in the field of natural gas sample take-off conditioning and analysis apparatus and systems; Training in the use and operation of natural gas sample take-off conditioning and analysis apparatus and systems and consultation relating thereto; Providing educational programs including presentations, seminars, training, instructional classes, etc. in natural gas sampling, sample take-off conditioning and analysis apparatus and systems and a mobile training facility for conducting such programs
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 programming and training services in the field of natural gas sample take-off conditioning and analysis apparatus and systems; Educational services, namely conducting programs and training, in the field of natural gas sample take-off conditioning and analysis apparatus and systems; Training in the use and operation of natural gas sample take-off conditioning and analysis apparatus and systems and consultation relating thereto; Training in the use and operation of natural gas sample take-off conditioning and natural gas analysis apparatus and systems and consultation relating thereto; Providing educational programs including presentations, seminars, training, instructional classes, etc. in natural gas sampling, sample take-off conditioning and analysis apparatus and systems and a mobile training facility for conducting such programs; providing educational services, namely, conducting programs, presentations, seminars, training, and instructional classes in the field of natural gas sampling, natural gas sample take-off conditioning and natural gas analysis apparatus and systems; and providing a mobile educational training facility for others to conduct such programs in the field of natural gas sampling, natural gas sample take-off conditioning and natural gas analysis apparatus and systems, in International Class 41.Class 041 for Educational services, namely conducting programs and training, in the field of natural gas sample take-off conditioning and analysis apparatus and systems; Training in the use and operation of natural gas sample take-off conditioning and natural gas analysis apparatus and systems and consultation relating thereto; providing educational services, namely, conducting programs, presentations, seminars, training, and instructional classes in the field of natural gas sampling, natural gas sample take-off conditioning and natural gas analysis apparatus and systems; and providing a mobile educational training facility for others to conduct such programs in the field of natural gas sampling, natural gas sample take-off conditioning and natural gas analysis apparatus and systems, in International Class 41.
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 042 for engineering services including generating and providing phase curves and engineering design services in the field of natural gas sampling and custody transfer; calibration services for sample takeoff equipment and energy content audit verification
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: Engineering services including generating and providing phase curves and engineering design services in the field of natural gas sampling and custody transfer; calibration services for sample takeoff equipment and energy content audit verification; calibration services for sample takeoff equipment and energy content audit verification, in International Class 42.Class 042 for Engineering services including generating and providing phase curves and engineering design services in the field of natural gas sampling and custody transfer; calibration services for sample takeoff equipment and energy content audit verification, in International Class 42.
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 SAMPLING apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /muc/     Date: 07/29/2019
Signatory's Name: Maurice U. Cahn
Signatory's Position: Attorney of record, Maryland bar member

Signatory's Phone Number: 2023318777

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88419250
Internet Transmission Date: Mon Jul 29 14:42:17 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190729144217
730929-88419250-620c950716111a3b1fd2d5f9
72ee58f7ccdc3a8fee53f404d415d39acbcfb584
0ad-N/A-N/A-20190729141907071996