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. 88450103 NEW LEADER(Standard Characters, see http://uspto.report/TM/88450103/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 007 for Mechanical spreaders; hydraulic spreaders; truck-mounted hauling bodies; bulk material handling equipment; material handling machines; machine parts for material handling machines; precision tools for use in connection with material handling machines
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 02/13/2019 and first used in commerce at least as early as 02/13/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Mechanical spreaders; hydraulic spreaders; truck-mounted hauling bodies; bulk material handling equipment in the nature of agricultural machinery and attachments, namely, fertilizer, compost, litter, lime, urea, zinc, micronutrient, and other agricultural nutrients spreaders; bulk material handling equipment; material handling machines in the nature of agricultural machinery and attachments, namely, fertilizer, compost, litter, lime, urea, zinc, micronutrient, and other agricultural nutrients spreaders; material handling machines; component machine parts for material handling machines; machine parts for material handling machines; precision tools for use in connection with material handling machines, namely, spread pattern test kits and size grade number and crush strength kits.; precision tools for use in connection with material handling machinesClass 007 for Mechanical spreaders; hydraulic spreaders; bulk material handling equipment in the nature of agricultural machinery and attachments, namely, fertilizer, compost, litter, lime, urea, zinc, micronutrient, and other agricultural nutrients spreaders; material handling machines in the nature of agricultural machinery and attachments, namely, fertilizer, compost, litter, lime, urea, zinc, micronutrient, and other agricultural nutrients spreaders; component machine parts for material handling machines; precision tools for use in connection with material handling machines, namely, spread pattern test kits and size grade number and crush strength kits.
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 02/13/2019 and first used in commerce at least as early as 02/13/2019 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for Truck-mounted hauling bodies in the nature of vehicle bodies; bulk material handling equipment, namely, pull-type and chassis-mounted spreaders.
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 02/13/2019 and first used in commerce at least as early as 02/13/2019 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 012 . The specimen(s) submitted consists of price list and pages from website. .
"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:
SPN0-381404818-20200220115210765233_._New_Leader_Class_12_specimen.pdf
Converted PDF file(s) ( 6 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Highway Equipment Company, a corporation of Iowa, having an address of
      1330 76th Avenue, SW
      Cedar Rapids, Iowa 52404
      United States

Proposed: Highway Equipment Company, a corporation of Iowa, having an address of
      1330 76th Avenue, SW
      Cedar Rapids, Iowa 52404
      United States
      Email Address: marketing@newleader.com

The owner's/holder's current attorney information: Gail Podolsky. Gail Podolsky of CARLTON FIELDS, PA, is located at

      ATTN: IP DEPARTMENT
      PO BOX 3239
      TAMPA, Florida 33601
      United States
The docket/reference number is 13042.36532.
      The phone number is 404-815-2714.
      The email address is trademarks@carltonfields.com

The owner's/holder's proposed attorney information: Gail Podolsky. Gail Podolsky of CARLTON FIELDS, PA, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      ATTN: IP DEPARTMENT
      PO BOX 3239
      TAMPA, Florida 33601
      United States
The docket/reference number is 13042.36532.
      The phone number is 404-815-2714.
      The email address is trademarks@carltonfields.com

Gail Podolsky 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):
      GAIL PODOLSKY
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@carltonfields.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gpodolsky@carltonfields.com

The docket/reference number is 13042.36532.
Correspondence Information (proposed):
      Gail Podolsky
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@carltonfields.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): gpodolsky@carltonfields.com

The docket/reference number is 13042.36532.

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).

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: /Gail Podolsky/      Date: 02/20/2020
Signatory's Name: Gail Podolsky
Signatory's Position: Attorney of record, Georgia bar member

Response Signature
Signature: /Gail Podolsky/     Date: 02/20/2020
Signatory's Name: Gail Podolsky
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 404-815-2714

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:    GAIL PODOLSKY
   CARLTON FIELDS, PA
   ATTN: IP DEPARTMENT
   PO BOX 3239
   TAMPA, Florida 33601
Mailing Address:    Gail Podolsky
   CARLTON FIELDS, PA
   ATTN: IP DEPARTMENT
   PO BOX 3239
   TAMPA, Florida 33601
        
RAM Sale Number: 88450103
RAM Accounting Date: 02/20/2020
        
Serial Number: 88450103
Internet Transmission Date: Thu Feb 20 12:00:54 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200220120054388
219-88450103-710cfab1f9b7e15dbf444d96815
94bcc32ba397225e857b21e9c3c2b625657f81ca
-DA-00542023-20200220115210765233