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. 88450536 VAPOR FLEX(Standard Characters, see http://uspto.report/TM/88450536/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

RESPONSE AND AMENDMENT Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451 Commissioner: In response to the office action dated August 22, 2019, the applicant submits the following response. AMENDMENT Please amend the description of goods/services as follows: 1. International Class 009 Coaxial cables; Cable assemblies consisting of electric cables and cable connectors; Micro coaxial cable assemblies consisting of micro coaxial cables and connectors for micro coaxial cables; Flexible coaxial cable assemblies consisting of flexible coaxial cables and connectors for flexible coaxial cables; and vapor sealed flexible coaxial cable assemblies consisting of vapor sealed flexible coaxial cables and connectors for vapor sealed flexible coaxial cables RESPONSE The office action of February 14, 2019 identified two issues. First, the office action requires a disclaimer of ?FLEX.? Second, the office action requests clarification of the identification of goods. Disclaimer The office action states the ?wording ?FLEX? in the applied-for mark is unregistrable. Applicant must provide a disclaimer of the unregistrable part of the applied-for mark even though the mark as a whole appears to be registrable.? Accordingly the applicant states ?[n]o claim is made to the exclusive right to use ?FLEX? apart from the mark as shown.? Identification of Goods The applicant has amended the goods in accordance with the office action?s suggestion. Accordingly, the applicant submits that the amended identification of goods is in accordance with the requirements of the office action and that the refusal on this ground should be withdrawn. CONCLUSION In view of the preceding response, the applicant respectfully submits that all of the grounds for refusal have been addressed. Please contact the undersigned attorney at the address and telephone number indicated below with any questions or comments. Respectfully submitted, Date: October 16, 2019 /David Wade Schnell/ David Wade Schnell Attorney for Applicant

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for coaxial cables; cable assemblies; micro coaxial cable assemblies, flexible coaxial cable assemblies; and vapor sealed flexible coaxial cable assemblies
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: Coaxial cables; cable assemblies; Cable assemblies consisting of electric cables and cable connectors; micro coaxial cable assemblies, flexible coaxial cable assemblies; Micro coaxial cable assemblies consisting of micro coaxial cables and connectors for micro coaxial cables; and vapor sealed flexible coaxial cable assemblies; Flexible coaxial cable assemblies consisting of flexible coaxial cables and connectors for flexible coaxial cables; and vapor sealed flexible coaxial cable assemblies consisting of vapor sealed flexible coaxial cables and connectors for vapor sealed flexible coaxial cablesClass 009 for Coaxial cables; Cable assemblies consisting of electric cables and cable connectors; Micro coaxial cable assemblies consisting of micro coaxial cables and connectors for micro coaxial cables; Flexible coaxial cable assemblies consisting of flexible coaxial cables and connectors for flexible coaxial cables; and vapor sealed flexible coaxial cable assemblies consisting of vapor sealed flexible coaxial cables and connectors for vapor sealed flexible coaxial cables
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.

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


SIGNATURE(S)
Response Signature
Signature: /David Wade Schnell/     Date: 10/16/2019
Signatory's Name: David Wade Schnell
Signatory's Position: Attorney of Record, AZ and MO bar members

Signatory's Phone Number: 4809949888

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.

        
Serial Number: 88450536
Internet Transmission Date: Wed Oct 16 14:28:28 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201910161428285
14031-88450536-61077fad76c2fbee0bc5cdb15
89f9ce768cac583f35854c70458ce96552c6167e
38-N/A-N/A-20191016142339851781