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. 88473383 MINEKLEEN(Standard Characters, see http://uspto.report/TM/88473383/mark.png) has been amended as follows:

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

The Examining Attorney has rejected the current application for MINEKLEEN under Section 2(e)(1) for being descriptive. However, customers would have the requisite mental pause required for a trademark to be considered suggestive. The made-up word MINEKLEEN does not immediately connote to the consumer what the product is, or exactly what it does. Although a consumer would more than likely assume it had something to due with mines, that, alone, is not sufficient for the mark to be considered descriptive, as MINEKLEEN does not immediately describe either the product or a characteristic of the product. The product is for dust-binding compositions, not cleaners. The customer would not immediately go to a composition for binding dust when hearing MINEKLEEN. In response to the additional questions asked: A. Will applicant's goods be used in mining applications? Yes B. In the locations where it is used, will applicant?s goods be used to keep the air cleaner/clearer of soil and or stone dust than would be the case for untreated surfaces? The applicant's product will be used to control dust on mining sites and mining trucks. So, there will be less dust, but it would not be accurate to use the word "cleaner" to describe that situation. No one in the industry would use that language. C. Who is the typical consumer of applicant's goods and/or services? Mine operators or companies D. Where are applicant's goods and/or services typically purchased? Directly from the manufacturer.

EVIDENCE
Evidence in the nature of a brochure showing applicant's similar dust control products has been attached.
Original PDF file:
evi_7061236186-20200227110831248950_._MW_EnviroKleen-EK35-Brochure.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Midwest Industrial Supply, Inc., a corporation of Ohio, having an address of
      1101 3rd Street SE
      Canton, Ohio 44707
      United States

Proposed: Midwest Industrial Supply, Inc., a corporation of Ohio, having an address of
      1101 3rd Street SE
      Canton, Ohio 44707
      United States
      Email Address: frontdesk@midwestind.com

The owner's/holder's current attorney information: Daniel A. Thomson. Daniel A. Thomson of EMERSON THOMSON BENNETT, is located at

      1914 AKRON-PENINSULA ROAD
      AKRON, Ohio 44313
      United States
The docket/reference number is 40910.50177.
      The phone number is 330-434-9999.
      The fax number is 330.434.8888.
      The email address is iplaw@etblaw.com

The owner's/holder's proposed attorney information: Daniel A. Thomson. Other appointed attorneys are Roger D. Emerson, Timothy D. Bennett, John M. Skeriotis, Woli I. Urbe, Peter R. Detorre, Sergey Vernyuk, Warren A. Rosborough. Daniel A. Thomson of Emerson Thomson Bennett, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1914 Akron-Peninsula Road
      Akron, Ohio 44313
      United States
The docket/reference number is 40910.50177.
      The phone number is 330-434-9999.
      The fax number is 330.434.8888.
      The email address is iplaw@etblaw.com

Daniel A. Thomson 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):
      DANIEL A. THOMSON
      PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@etblaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 40910.50177.
Correspondence Information (proposed):
      Daniel A. Thomson
      PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@etblaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dat@etblaw.com; tlc@etblaw.com

The docket/reference number is 40910.50177.

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: /Daniel A. Thomson/     Date: 02/27/2020
Signatory's Name: Daniel A. Thomson
Signatory's Position: Attorney of Record, Ohio bar member

Signatory's Phone Number: 3304349999

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:    DANIEL A. THOMSON
   EMERSON THOMSON BENNETT
   
   1914 AKRON-PENINSULA ROAD
   AKRON, Ohio 44313
Mailing Address:    Daniel A. Thomson
   Emerson Thomson Bennett
   1914 Akron-Peninsula Road
   Akron, Ohio 44313
        
Serial Number: 88473383
Internet Transmission Date: Thu Feb 27 11:36:11 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020022711361155
1855-88473383-710e87ea6b6b1e9495a108c1ad
73ee51e6d8a4dceb8cc3925834dcb5d1d586c148
-N/A-N/A-20200227110831248950