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. 88468075 OVAL INTL.(Standard Characters, see http://uspto.report/TM/88468075/mark.png) has been amended as follows:

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

In an Office Action mailed September 3, 2019, the Examining Attorney requires applicant clarify the identification of goods and enter a disclaimer. Applicant amends both as recommended by the Examining Attorney. All other goods remain the same. Applicant believes that all of the issues in the Office Action have been satisfied and the application is in condition for approval. If questions remain, the Examining Attorney is invited to contact Applicant's counsel, Kevin S. Costanza, by email at USTM.docketing@seedip.com or by telephone at 206-622-4900.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 006 for bailing wire; metal wire; metal strapping
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: bailing wire; metal wire; metal wire in the nature of non-electrical cables and wires of common metal; metal strappingClass 006 for bailing wire; metal wire in the nature of non-electrical cables and wires of common metal; metal strapping
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 007 for wire tying machines; strapping and tying machines; automatic machines for applying paper strap and wire around bundles, boxes, packages and bales of pulp
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: wire tying machines; strapping and tying machines; automatic machines for applying paper strap and wire around bundles, boxes, packages and bales of pulp; automatic strapping machines for applying paper strap and wire around bundles, boxes, packages and bales of pulpClass 007 for wire tying machines; strapping and tying machines; automatic strapping machines for applying paper strap and wire around bundles, boxes, packages and bales of pulp
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 016 for paper bands; paper strapping materials for tying, packaging, and wrapping bundles, boxes, packages and bales of pulp; rolls of wrapping material
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: paper bands; paper bands in the nature of bands made of paper; paper strapping materials for tying, packaging, and wrapping bundles, boxes, packages and bales of pulp; rolls of wrapping material; rolls of wrapping material, namely, Paper roll stock for packagingClass 016 for paper bands in the nature of bands made of paper; paper strapping materials for tying, packaging, and wrapping bundles, boxes, packages and bales of pulp; rolls of wrapping material, namely, Paper roll stock for packaging
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: Enterprises International, Inc., a corporation of Washington, having an address of

            P.O. Box 738      206 Firman Ave
      Hoquiam, Washington 98550
      United States

Proposed: Enterprises International, Inc., a corporation of Washington, having an address of
      P.O. Box 738
      206 Firman Ave
      Hoquiam, Washington 98550
      United States
      Email Address: tmclient@seedip.com

The owner's/holder's current attorney information: Kevin S. Costanza. Kevin S. Costanza of SEED IP LAW GROUP LLP, is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 310009.288.
      The phone number is 206-622-4900.
      The fax number is 206-682-6031.
      The email address is USTM.docketing@seedip.com

The owner's/holder's proposed attorney information: Kevin S. Costanza. Other appointed attorneys are E. Russell Tarleton, Jared M. Barrett, Hayley J. Talbert, Syed Abedi, Duncan Stark, Russell C. Pangborn, Marc C. Levy, Brooke W. Quist, Kevan L. Morgan, Stephen J. Rosenman, Bradley Zentz, Brigid C. Mahoney , David Chen, and Thomas A. Shewmake. Kevin S. Costanza of SEED IP LAW GROUP LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 5400
      701 FIFTH AVENUE
      SEATTLE, Washington 98104
      United States
The docket/reference number is 310009.288.
      The phone number is 206-622-4900.
      The fax number is 206-682-6031.
      The email address is USTM.docketing@seedip.com

Kevin S. Costanza 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):
      KEVIN S. COSTANZA
      PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@seedip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 310009.288.
Correspondence Information (proposed):
      Kevin S. Costanza
      PRIMARY EMAIL FOR CORRESPONDENCE: USTM.docketing@seedip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): lisav@seedip.com

The docket/reference number is 310009.288.

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


SIGNATURE(S)
Response Signature
Signature: /Kevin S. Costanza/     Date: 02/27/2020
Signatory's Name: Kevin S. Costanza
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: 206-622-4900

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:    KEVIN S. COSTANZA
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
Mailing Address:    Kevin S. Costanza
   SEED IP LAW GROUP LLP
   SUITE 5400
   701 FIFTH AVENUE
   SEATTLE, Washington 98104
        
Serial Number: 88468075
Internet Transmission Date: Thu Feb 27 17:43:47 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002271743479
91632-88468075-71068b912f41e1d3bf4612ff9
71dcb19f3f7db06baee65bd785366a9f76f9da-N
/A-N/A-20200227171956530433