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. 88450617 BIKEMASTER (Stylized and/or with Design, see http://uspto.report/TM/88450617/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 004 for Motorcycle engine oil; motorcycle chain lubricant; lubricating grease; motor vehicle lubricants; fiber filter oil, namely an oil aiding in filtration of particulates for vehicle air filters; foam filter oil, namely an oil aiding in filtration of particulates for vehicle air filters
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: Motorcycle engine oil; motorcycle chain lubricant; lubricating grease; motor vehicle lubricants; fiber filter oil, namely an oil aiding in filtration of particulates for vehicle air filters; fiber filter oil, namely a motor oil aiding in filtration of particulates for vehicle air filters; foam filter oil, namely an oil aiding in filtration of particulates for vehicle air filters; foam filter oil, namely a motor oil aiding in filtration of particulates for vehicle air filtersClass 004 for Motorcycle engine oil; motorcycle chain lubricant; lubricating grease; motor vehicle lubricants; fiber filter oil, namely a motor oil aiding in filtration of particulates for vehicle air filters; foam filter oil, namely a motor oil aiding in filtration of particulates for vehicle air filters
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:
Current: Class 020 for Mirrors; lock, not of metal, for vehicles; automotive nonmetal oil change pans not of metal; motorcycle fluid drain pans not of metal; drum drain pans not of metal; non-metal bins for organizing small parts and tools; stools
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: Mirrors; lock, not of metal, for vehicles; automotive nonmetal oil change pans not of metal; motorcycle fluid drain pans not of metal; drum drain pans not of metal; non-metal bins for organizing small parts and tools; stools; non-metallic containers for chemical fluids and fluid dispensers connectable to such containers for use therewith to dispense chemical fluids from such containers all for industrial use.Class 020 for Mirrors; lock, not of metal, for vehicles; automotive nonmetal oil change pans not of metal; motorcycle fluid drain pans not of metal; drum drain pans not of metal; non-metal bins for organizing small parts and tools; stools; non-metallic containers for chemical fluids and fluid dispensers connectable to such containers for use therewith to dispense chemical fluids from such containers all for industrial use.
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:
Current: Class 021 for Automotive oil funnels; spouted automotive oil funnels; non-metal fluid measuring and dispensing containers; jug spout hose benders; jug vent caps; jug caps; jug spouts; utility jugs; wire brushes not being machine parts; carburetor jet cleaning tool, namely cleaning brushes for carburetors
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: Automotive oil funnels; spouted automotive oil funnels; non-metal fluid measuring and dispensing containers; jug spout hose benders; jug vent caps; jug caps; jug spouts; utility jugs; wire brushes not being machine parts; carburetor jet cleaning tool, namely cleaning brushes for carburetorsClass 021 for Automotive oil funnels; spouted automotive oil funnels; jug spout hose benders; jug vent caps; jug caps; jug spouts; utility jugs; wire brushes not being machine parts; carburetor jet cleaning tool, namely cleaning brushes for carburetors
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Tucker-Rocky Corporation, Inc., a corporation of Delaware, having an address of
      103 Foulk Road, Suite 202
      Wilmington, Delaware 19803
      United States

Proposed: Tucker-Rocky Corporation, Inc., a corporation of Delaware, having an address of
      103 Foulk Road, Suite 202
      Wilmington, Delaware 19803
      United States
      Email Address: tucker@trademarks.com
Correspondence Information (current):
      Kenneth D. Suzan
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-mi@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Kenneth.Suzan@btlaw.com; Kelly.Walsh@btlaw.com

The docket/reference number is 71457-295124.
Correspondence Information (proposed):
      Kenneth D. Suzan
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-mi@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Kenneth.Suzan@btlaw.com; Kelly.Walsh@btlaw.com

The docket/reference number is 71457-295124.

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).

SIGNATURE(S)
Response Signature
Signature: /Kenneth D. Suzan/     Date: 03/27/2020
Signatory's Name: Kenneth D. Suzan
Signatory's Position: Attorney of Record, State of Minnesota bar member

Signatory's Phone Number: 612-367-8713

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:    Kenneth D. Suzan
   BARNES & THORNBURG LLP
   
   225 SOUTH SIXTH STREET, SUITE 2800
   MINNEAPOLIS, Minnesota 55402-4662
Mailing Address:    Kenneth D. Suzan
   BARNES & THORNBURG LLP
   225 SOUTH SIXTH STREET, SUITE 2800
   MINNEAPOLIS, Minnesota 55402-4662
        
Serial Number: 88450617
Internet Transmission Date: Fri Mar 27 17:00:58 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200327170058355
219-88450617-710707b4a4f32ba9c48c7f93509
d1ec19b233153d5941b769356adbae70c9fcdc-N
/A-N/A-20200327144911683667