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. 88444097 VULCATHENE(Standard Characters, see http://uspto.report/TM/88444097/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 011 for Sanitary installations; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, but not including pipes; none being goods included in other classes
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: Sanitary installations; Sanitary installations, namely sinks, drip cups and anti-siphon and dilution recovery traps; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, but not including pipes; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, namely cocks, traps, valves , but not including pipes; none being goods included in other classesClass 011 for Sanitary installations, namely sinks, drip cups and anti-siphon and dilution recovery traps; acid-resisting sanitary and laboratory fittings of plastic, and acid-resisting fittings of plastic, both for use in conveyance and general plumbing, namely cocks, traps, valves , but not including pipes; none being goods included in other classes
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 017 for Flexible pipes, tubes, hoses and fittings therefore including valves, and fittings for rigid pipes, all non-metallic; pipe clips; and pipes and fittings and unions therefor; all made of plastics impervious to acid
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: Flexible pipes, tubes, hoses and fittings therefore including valves, and fittings for rigid pipes, all non-metallic; Flexible pipes, tubes, hoses and fittings therefore, namely, fittings for rigid pipes, all non-metallic; pipe clips; pipes, fittings, and non-metal pipe collars; and pipes and fittings and unions therefor; all made of plastics impervious to acid; plastic pipe fittings, impervious to acid, for waste pipesClass 017 for Flexible pipes, tubes, hoses and fittings therefore, namely, fittings for rigid pipes, all non-metallic; pipes, fittings, and non-metal pipe collars; all made of plastics impervious to acid; plastic pipe fittings, impervious to acid, for waste pipes
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 019 for Rigid pipes and valves therefor, non-metallic; fittings, made of plastics impervious to acid, for waste pipes
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: Rigid pipes and valves therefor, non-metallic; Rigid pipes, not of metal; fittings, made of plastics impervious to acid, for waste pipes; water-pipe valves, not of metal or plasticClass 019 for Rigid pipes, not of metal; water-pipe valves, not of metal or plastic
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: David A. Plumley. David A. Plumley of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      P.O. BOX 29001
      GLENDALE, California 91209-9001
      US
The docket/reference number is 174448.

The phone number is 626-795-9900.

The fax number is 626-577-8800.

The email address is pto@LRRC.com

The applicants proposed attorney information: David A. Plumley. David A. Plumley of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      P.O. BOX 29001
      GLENDALE, California 91209-9001
      United States
The docket/reference number is 174448.

The phone number is 626-795-9900.

The fax number is 626-577-8800.

The email address is pto@LRRC.com

David A. Plumley 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: DAVID A. PLUMLEY. DAVID A. PLUMLEY of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      P.O. BOX 29001
      GLENDALE, California 91209-9001
      US
The docket/reference number is 174448.

The phone number is 626-795-9900.

The fax number is 626-577-8800.

The email address is pto@LRRC.com

The applicants proposed correspondence information: David A. Plumley. David A. Plumley of LEWIS ROCA ROTHGERBER CHRISTIE LLP, is located at

      P.O. BOX 29001
      GLENDALE, California 91209-9001
      United States
The docket/reference number is 174448.

The phone number is 626-795-9900.

The fax number is 626-577-8800.

The email address is pto@LRRC.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
: In the August 13, 2019 Office action, the examining attorney objected to certain of the goods as indefinite. The trademark owner has reviewed the examining attorney's suggested revisions in amending the goods. The owner has elected not to add goods in classes 6 or 20. The examining attorney also asked that the owner's representative provide bar information, and such information has been provided. If there are any remaining issues, the examining attorney can contact the owner's counsel by telephone. Otherwise, the application appears to be ready for publication.


SIGNATURE(S)
Response Signature
Signature: /David A. Plumley/     Date: 02/10/2020
Signatory's Name: David A. Plumley
Signatory's Position: Attorney of record, California Bar Member

Signatory's Phone Number: 626-795-9900

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:    DAVID A. PLUMLEY
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   
   P.O. BOX 29001
   GLENDALE, California 91209-9001
Mailing Address:    David A. Plumley
   LEWIS ROCA ROTHGERBER CHRISTIE LLP
   P.O. BOX 29001
   GLENDALE, California 91209-9001
        
Serial Number: 88444097
Internet Transmission Date: Mon Feb 10 15:48:17 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200210154817516
747-88444097-700c9a95e656ac6bcf022aab689
8ee6a8b04a65b8205d54e0c7349047eea5234-N/
A-N/A-20200210150818388261