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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88468075 |
LAW OFFICE ASSIGNED |
LAW OFFICE 123 |
MARK SECTION |
MARK |
http://uspto.report/TM/88468075/mark.png |
LITERAL ELEMENT |
OVAL INTL. |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
Enterprises International, Inc. |
INTERNAL ADDRESS |
P.O. Box 738 |
STREET |
206 Firman Ave |
CITY |
Hoquiam |
STATE |
Washington |
ZIP/POSTAL CODE |
98550 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Enterprises International, Inc. |
INTERNAL ADDRESS |
P.O. Box 738 |
STREET |
206 Firman Ave |
CITY |
Hoquiam |
STATE |
Washington |
ZIP/POSTAL CODE |
98550 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
tmclient@seedip.com |
ARGUMENT(S) |
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. |
GOODS AND/OR SERVICES SECTION (006) (current) |
INTERNATIONAL CLASS |
006 |
DESCRIPTION |
bailing wire; metal wire; metal strapping |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (006) (proposed) |
INTERNATIONAL CLASS |
006 |
TRACKED TEXT DESCRIPTION |
bailing wire; metal wire; metal wire in
the nature of non-electrical cables and wires of common metal; metal strapping |
FINAL DESCRIPTION |
bailing wire; metal wire in the nature of non-electrical cables and wires of common metal; metal strapping |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (007) (current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (007) (proposed) |
INTERNATIONAL CLASS |
007 |
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 pulp |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (016) (current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (016) (proposed) |
INTERNATIONAL CLASS |
016 |
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 packaging |
FINAL DESCRIPTION |
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) |
GOODS AND/OR SERVICES SECTION (022) (no change) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use INTL apart from the mark as shown. |
ATTORNEY INFORMATION (current) |
NAME |
Kevin S. Costanza |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
SEED IP LAW GROUP LLP |
INTERNAL ADDRESS |
SUITE 5400 |
STREET |
701 FIFTH AVENUE |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98104 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
206-622-4900 |
FAX |
206-682-6031 |
EMAIL |
USTM.docketing@seedip.com |
DOCKET/REFERENCE NUMBER |
310009.288 |
ATTORNEY INFORMATION (proposed) |
NAME |
Kevin S. Costanza |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
SEED IP LAW GROUP LLP |
INTERNAL ADDRESS |
SUITE 5400 |
STREET |
701 FIFTH AVENUE |
CITY |
SEATTLE |
STATE |
Washington |
POSTAL CODE |
98104 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
206-622-4900 |
FAX |
206-682-6031 |
EMAIL |
USTM.docketing@seedip.com |
DOCKET/REFERENCE NUMBER |
310009.288 |
OTHER APPOINTED ATTORNEY |
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 |
CORRESPONDENCE INFORMATION (current) |
NAME |
KEVIN S. COSTANZA |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
USTM.docketing@seedip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
310009.288 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Kevin S. Costanza |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
USTM.docketing@seedip.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
lisav@seedip.com |
DOCKET/REFERENCE NUMBER |
310009.288 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Kevin S. Costanza/ |
SIGNATORY'S NAME |
Kevin S. Costanza |
SIGNATORY'S POSITION |
Attorney for Applicant, Washington State Bar Member |
SIGNATORY'S PHONE NUMBER |
206-622-4900 |
DATE SIGNED |
02/27/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 27 17:43:47 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20200227174347991632-8846
8075-71068b912f41e1d3bf46
12ff971dcb19f3f7db06baee6
5bd785366a9f76f9da-N/A-N/
A-20200227171956530433 |
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