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. 88466740 ACF(Standard Characters, see http://uspto.report/TM/88466740/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 001 for Chemicals or chemical additives for use in the manufacture of energy and combustible fuels; ethanol; butanol; alcohol for use as a fuel additive
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: Chemicals or chemical additives for use in the manufacture of energy and combustible fuels; Chemicals and chemical additives for use in the manufacture of energy and combustible fuels; ethanol; ethanol not used as a fuel; butanol; alcohol for use as a fuel additive; alcohol for use as a fuel additive in the nature of chemical additives for fuelClass 001 for Chemicals and chemical additives for use in the manufacture of energy and combustible fuels; ethanol not used as a fuel; butanol; alcohol for use as a fuel additive in the nature of chemical additives for fuel
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: Xyleco Inc., a corporation of Delaware, having an address of
      360 Audubon Road
      Wakefield, Massachusetts 01880
      United States

Proposed: Xyleco Inc., a corporation of Delaware, having an address of
      360 Audubon Road
      Wakefield, Massachusetts 01880
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Michael J. Bevilacqua, Esquire. Michael J. Bevilacqua, Esquire of WILMER CUTLER PICKERING HALE AND DORR LLP, is located at

      60 STATE STREET
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 2209787.156.
      The phone number is 617-526-6448.
      The fax number is 617-526-5000.
      The email address is whiptrademark@wilmerhale.com

The owner's/holder's proposed attorney information: Michael J. Bevilacqua, Esquire. Michael J. Bevilacqua, Esquire of WILMER CUTLER PICKERING HALE AND DORR LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      60 STATE STREET
      BOSTON, Massachusetts 02109
      United States
The docket/reference number is 2209787.156.
      The phone number is 617-526-6448.
      The fax number is 617-526-5000.
      The email address is whiptrademark@wilmerhale.com

Michael J. Bevilacqua, Esquire 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):
      MICHAEL J. BEVILACQUA, ESQUIRE
      PRIMARY EMAIL FOR CORRESPONDENCE: whiptrademark@wilmerhale.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): michael.bevilacqua@wilmerhale.com

The docket/reference number is 2209787.156.
Correspondence Information (proposed):
      Michael J. Bevilacqua, Esquire
      PRIMARY EMAIL FOR CORRESPONDENCE: whiptrademark@wilmerhale.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): barbara.barakat@wilmerhale.com; michael.bevilacqua@wilmerhale.com

The docket/reference number is 2209787.156.

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).

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
ACF appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /barbara a. barakat/     Date: 03/03/2020
Signatory's Name: Barbara A. Barakat
Signatory's Position: Attorney of record

Signatory's Phone Number: 617 526 6154

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:    MICHAEL J. BEVILACQUA, ESQUIRE
   WILMER CUTLER PICKERING HALE AND DORR LLP
   
   60 STATE STREET
   BOSTON, Massachusetts 02109
Mailing Address:    Michael J. Bevilacqua, Esquire
   WILMER CUTLER PICKERING HALE AND DORR LLP
   60 STATE STREET
   BOSTON, Massachusetts 02109
        
Serial Number: 88466740
Internet Transmission Date: Tue Mar 03 09:44:12 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020030309441288
7559-88466740-710b52bb39d266a72eb149ca80
bbf031a0c9277e189f66517b9c33cd2c8774bb6-
N/A-N/A-20200303093813854978