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. 88437409 MICROSTREAM(Standard Characters, see http://uspto.report/TM/88437409/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 042 for Measurement and testing for others the properties of fluids used and produced by the oil and gas industry; modification of fluids used by the oil and gas industry; Monitoring oil and gas well, battery, and pipeline performance for others
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/15/2017 and first used in commerce at least as early as 01/15/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Measurement and testing for others the properties of fluids used and produced by the oil and gas industry; Oil and gas well services, namely, measurement and testing for others the properties of fluids used and produced by the oil; modification of fluids used by the oil and gas industry; and gas industry; Monitoring oil and gas well, battery, and pipeline performance for others; Oil and gas well and pipeline services, namely, aggregating and analyzing data for the purpose of diagnostic monitoring of oil and gas well, battery, and pipeline performance for others; Oil and gas well and pipeline services, namely computer monitoring of oil and gas well, battery, and pipeline performance for othersClass 042 for Oil and gas well services, namely, measurement and testing for others the properties of fluids used and produced by the oil; and gas industry; Oil and gas well and pipeline services, namely, aggregating and analyzing data for the purpose of diagnostic monitoring of oil and gas well, battery, and pipeline performance for others; Oil and gas well and pipeline services, namely computer monitoring of oil and gas well, battery, and pipeline performance for others
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/15/2017 and first used in commerce at least as early as 01/15/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Oil and gas well services, namely, modifying fluids used by the oil and gas industry for others through the addition of chemicals
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/15/2017 and first used in commerce at least as early as 01/15/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040 . The specimen(s) submitted consists of Screenshot from applicant's website describing applicant's services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-216215122186-20190827181813747748_._Microstream_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Keith Jaasma. Keith Jaasma of EWING & JONES, PLLC, is located at

      6363 WOODWAY DRIVE, SUITE 1000
      HOUSTON, Texas 77057
      US
The docket/reference number is 17069.0021.

The phone number is 721-590-9600.

The fax number is (713) 590-9602.

The email address is kjaasma@ewingjones.com

The applicants proposed attorney information: Keith Jaasma. Other appointed attorneys are John Vereb. Keith Jaasma of EWING & JONES, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      6363 WOODWAY DRIVE, SUITE 1000
      HOUSTON, Texas 77057
      United States
The docket/reference number is 17069.0021.

The phone number is 721-590-9600.

The fax number is (713) 590-9602.

The email address is kjaasma@ewingjones.com

Keith Jaasma 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: KEITH JAASMA. KEITH JAASMA of EWING & JONES, PLLC, is located at

      6363 WOODWAY DRIVE, SUITE 1000
      HOUSTON, Texas 77057
      US
The docket/reference number is 17069.0021.

The phone number is 721-590-9600.

The fax number is (713) 590-9602.

The email address is kjaasma@ewingjones.com; shruzek@ewingjones.com

The applicants proposed correspondence information: Keith Jaasma. Keith Jaasma of EWING & JONES, PLLC, is located at

      6363 WOODWAY DRIVE, SUITE 1000
      HOUSTON, Texas 77057
      United States
The docket/reference number is 17069.0021.

The phone number is 721-590-9600.

The fax number is (713) 590-9602.

The email address is kjaasma@ewingjones.com; shruzek@ewingjones.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: /Keith Jaasma/      Date: 08/27/2019
Signatory's Name: Keith Jaasma
Signatory's Position: Attorney of Record, Texas Bar Member
Signatory's Phone Number: (713) 590-9600


Response Signature
Signature: /Keith Jaasma/     Date: 08/27/2019
Signatory's Name: Keith Jaasma
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: (713) 590-9600

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:    KEITH JAASMA
   EWING & JONES, PLLC
   
   6363 WOODWAY DRIVE, SUITE 1000
   HOUSTON, Texas 77057
Mailing Address:    Keith Jaasma
   EWING & JONES, PLLC
   6363 WOODWAY DRIVE, SUITE 1000
   HOUSTON, Texas 77057
        
RAM Sale Number: 88437409
RAM Accounting Date: 08/27/2019
        
Serial Number: 88437409
Internet Transmission Date: Tue Aug 27 18:25:48 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190827182548
890832-88437409-610aec1048e1413be7e7ba1f
934d177613153dc21fe67e3769c48ec5ba7647ba
e-CC-25472027-20190827181813747748