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. 88441179 MIRAJ DIAMOND(Standard Characters, see http://uspto.report/TM/88441179/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 021 for Articles made from fused silica, fused quartz or glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use; Partly worked glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/13/2017 and first used in commerce at least as early as 12/13/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Articles made from fused silica, fused quartz or glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use; Articles made from fused silica, fused quartz or glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use containing diamond; Partly worked glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use; Partly worked glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use and all containing diamondClass 021 for Articles made from fused silica, fused quartz or glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use containing diamond; Partly worked glass, namely, ingots, tubes, rods, discs, plates and rings all for general industrial and further manufacturing use and all containing diamond
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/13/2017 and first used in commerce at least as early as 12/13/2017 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: AKHAN Semiconductor Inc., a corporation of Illinois, having an address of
      949 Lakeside Drive
      Gurnee, Illinois 60031
      United States

Proposed: AKHAN Semiconductor Inc., a corporation of Illinois, having an address of
      949 Lakeside Drive
      Gurnee, Illinois 60031
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Lawrence E. Thompson. Lawrence E. Thompson of THE THOMPSON LAW OFFICE, P.C., is located at

      831 S STATE ST
      LOCKPORT, Illinois 60441
      United States
The docket/reference number is 110078/031.
      The phone number is 708-609-0092.
      The fax number is 8158280661.
      The email address is ILIPCounselor@comcast.net

The owner's/holder's proposed attorney information: Lawrence E. Thompson. Lawrence E. Thompson of THE THOMPSON LAW OFFICE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      831 S STATE ST
      LOCKPORT, Illinois 60441
      United States
The docket/reference number is 110078/031.
      The phone number is 708-609-0092.
      The fax number is 8158280661.
      The email address is ILIPCounselor@comcast.net

Lawrence E. Thompson 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.Correspondence Information (current):
      LAWRENCE E. THOMPSON
      PRIMARY EMAIL FOR CORRESPONDENCE: ILIPCounselor@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 110078/031.
Correspondence Information (proposed):
      Lawrence E. Thompson
      PRIMARY EMAIL FOR CORRESPONDENCE: ILIPCounselor@comcast.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 110078/031.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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


Miscellaneous Statement
In the Office Action, registration stands refused as the provided specimen allegedly does not show the applied for mark in commerce. Applicant's specimen description is a photo of packaging for the goods and a photo of the insert sealed in the packaging that where "marking on the goods is impractical due to potential interference with the customer's use of the goods". Under these circumstances, shipping documents that show the mark for the goods are acceptable. See TMEP 904.03(k).


SIGNATURE(S)
Response Signature
Signature: /Lawrence E. Thompson/     Date: 02/27/2020
Signatory's Name: Lawrence E. Thompson
Signatory's Position: Attorney of record, IL bar member

Signatory's Phone Number: 7086090092

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:    LAWRENCE E. THOMPSON
   THE THOMPSON LAW OFFICE, P.C.
   
   831 S STATE ST
   LOCKPORT, Illinois 60441
Mailing Address:    Lawrence E. Thompson
   THE THOMPSON LAW OFFICE, P.C.
   831 S STATE ST
   LOCKPORT, Illinois 60441
        
Serial Number: 88441179
Internet Transmission Date: Thu Feb 27 17:48:58 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XX:XXXX:XXX:XXXX:XXXX
:XXXX-20200227174858740059-88441179-7104
3156a44c86334c346b5ab9853a539e9b02b6791c
aed661765eca80b79b60f4-N/A-N/A-202002271
70800722961