Response to Office Action

GORILLA SUPPORT

CrossCut Enterprises LLC

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 88441486
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK http://uspto.report/TM/88441486/mark.png
LITERAL ELEMENT GORILLA SUPPORT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_5073169193-20191101162227635134_._Response_to_Office_Action_GORILLA_SUPPORT.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0006.JPG
       ORIGINAL PDF FILE evi_5073169193-20191101162227635134_._Ex_A.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0008.JPG
       ORIGINAL PDF FILE evi_5073169193-20191101162227635134_._Exhibit_B.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\884\414\88441486\xml4\ROA0009.JPG
DESCRIPTION OF EVIDENCE FILE The following evidence is attached: 1) Response to Office Action with amendments and argument as a PDF attachment; 2) Exhibit A to Response, showing web page of registrant cited by Examiner; and 3) Exhibit B to Response, showing web page of applicant cited by Examiner.
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (019)
INTERNATIONAL CLASS 006
DESCRIPTION
Structural load bearing rood supports having metal cladding for underground mining applications
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use SUPPORT apart from the mark as shown.
ATTORNEY SECTION (current)
NAME William P. Smith
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SPILMAN THOMAS & BATTLE, PLLC
INTERNAL ADDRESS ONE OXFORD CENTRE SUITE 3440,
STREET 301 GRANT ST.
CITY PITTSBURGH
STATE Pennsylvania
POSTAL CODE 15219
COUNTRY US
PHONE 412-325-1115
FAX (412) 325-3324
EMAIL IP@spilmanlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 022812.00015
ATTORNEY SECTION (proposed)
NAME William P. Smith
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Spilman Thomas & Battle, PLLC
INTERNAL ADDRESS One Oxford Centre, Suite 3440
STREET 301 Grant St.
CITY Pittsburgh
STATE Pennsylvania
POSTAL CODE 15219
COUNTRY United States
PHONE 412-325-1115
FAX (412) 325-3324
EMAIL IP@spilmanlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 025804.0001
OTHER APPOINTED ATTORNEY Brandon Hartman
CORRESPONDENCE SECTION (current)
NAME WILLIAM P. SMITH
FIRM NAME SPILMAN THOMAS & BATTLE, PLLC
INTERNAL ADDRESS ONE OXFORD CENTRE SUITE 3440,
STREET 301 GRANT ST.
CITY PITTSBURGH
STATE Pennsylvania
POSTAL CODE 15219
COUNTRY US
PHONE 412-325-1115
FAX (412) 325-3324
EMAIL IP@spilmanlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 022812.00015
CORRESPONDENCE SECTION (proposed)
NAME William P. Smith
FIRM NAME Spilman Thomas & Battle, PLLC
INTERNAL ADDRESS One Oxford Centre, Suite 3440
STREET 301 Grant St.
CITY Pittsburgh
STATE Pennsylvania
POSTAL CODE 15219
COUNTRY United States
PHONE 412-325-1115
FAX (412) 325-3324
EMAIL IP@spilmanlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 025804.0001
SIGNATURE SECTION
RESPONSE SIGNATURE /William P. Smith/
SIGNATORY'S NAME William P. Smith
SIGNATORY'S POSITION Attorney of Record, Pennsylvania Bar Member
SIGNATORY'S PHONE NUMBER 4123251115
DATE SIGNED 11/01/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Nov 01 16:39:12 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0191101163912155190-88441
486-7005f9b7cf62c59536221
5f7b4ddfc62bf26d7d66e9798
ba8946f53b311865505d-N/A-
N/A-20191101162227635134



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. 88441486 GORILLA SUPPORT(Standard Characters, see http://uspto.report/TM/88441486/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of The following evidence is attached: 1) Response to Office Action with amendments and argument as a PDF attachment; 2) Exhibit A to Response, showing web page of registrant cited by Examiner; and 3) Exhibit B to Response, showing web page of applicant cited by Examiner. has been attached.
Original PDF file:
evi_5073169193-20191101162227635134_._Response_to_Office_Action_GORILLA_SUPPORT.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_5073169193-20191101162227635134_._Ex_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_5073169193-20191101162227635134_._Exhibit_B.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 019 for Structural load bearing supports for underground mining and civil engineering applications

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 (Original Class: 019 ) for Structural load bearing rood supports having metal cladding for underground mining applications
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: William P. Smith. William P. Smith of SPILMAN THOMAS & BATTLE, PLLC, is located at

      ONE OXFORD CENTRE SUITE 3440,
      301 GRANT ST.
      PITTSBURGH, Pennsylvania 15219
      US
The docket/reference number is 022812.00015.

The phone number is 412-325-1115.

The fax number is (412) 325-3324.

The email address is IP@spilmanlaw.com

The applicants proposed attorney information: William P. Smith. Other appointed attorneys are Brandon Hartman. William P. Smith of Spilman Thomas & Battle, 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

      One Oxford Centre, Suite 3440
      301 Grant St.
      Pittsburgh, Pennsylvania 15219
      United States
The docket/reference number is 025804.0001.

The phone number is 412-325-1115.

The fax number is (412) 325-3324.

The email address is IP@spilmanlaw.com

William P. Smith 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: WILLIAM P. SMITH. WILLIAM P. SMITH of SPILMAN THOMAS & BATTLE, PLLC, is located at

      ONE OXFORD CENTRE SUITE 3440,
      301 GRANT ST.
      PITTSBURGH, Pennsylvania 15219
      US
The docket/reference number is 022812.00015.

The phone number is 412-325-1115.

The fax number is (412) 325-3324.

The email address is IP@spilmanlaw.com

The applicants proposed correspondence information: William P. Smith. William P. Smith of Spilman Thomas & Battle, PLLC, is located at

      One Oxford Centre, Suite 3440
      301 Grant St.
      Pittsburgh, Pennsylvania 15219
      United States
The docket/reference number is 025804.0001.

The phone number is 412-325-1115.

The fax number is (412) 325-3324.

The email address is IP@spilmanlaw.com

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


SIGNATURE(S)
Response Signature
Signature: /William P. Smith/     Date: 11/01/2019
Signatory's Name: William P. Smith
Signatory's Position: Attorney of Record, Pennsylvania Bar Member

Signatory's Phone Number: 4123251115

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:    WILLIAM P. SMITH
   SPILMAN THOMAS & BATTLE, PLLC
   ONE OXFORD CENTRE SUITE 3440,
   301 GRANT ST.
   PITTSBURGH, Pennsylvania 15219
Mailing Address:    William P. Smith
   Spilman Thomas & Battle, PLLC
   One Oxford Centre, Suite 3440
   301 Grant St.
   Pittsburgh, Pennsylvania 15219
        
Serial Number: 88441486
Internet Transmission Date: Fri Nov 01 16:39:12 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019110116391215
5190-88441486-7005f9b7cf62c595362215f7b4
ddfc62bf26d7d66e9798ba8946f53b311865505d
-N/A-N/A-20191101162227635134


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