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. 88473399 HDSCNET+(Standard Characters, see http://uspto.report/TM/88473399/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electrical and electronic connectors; Electric connectors; Electric plugs; Electrical plugs; Electric plug connections; connector accessories, namely, connector housings, backshells for connectors, protective caps for connectors, sealing covers for connectors, clips and fixing slides for connectors
Original Filing Basis:
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018016795 filed 01/29/2019]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018016795 registered 05/28/2019 with a renewal date of 01/29/2029 and an expiration date of 01/29/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Electrical and electronic connectors; Electric connectors; Electric plugs; Electrical plugs; Electric plug connections; Electric plug connectors; connector accessories, namely, connector housings, backshells for connectors, protective caps for connectors, sealing covers for connectors, clips and fixing slides for connectors; Electrical connector accessories, namely electrical connector housings, backshells for connectors, protective caps for connectors, sealing covers for connectors, clips and fixing slides for connectorsClass 009 for Electrical and electronic connectors; Electric connectors; Electric plugs; Electrical plugs; Electric plug connectors; Electrical connector accessories, namely electrical connector housings, backshells for connectors, protective caps for connectors, sealing covers for connectors, clips and fixing slides for connectors
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018016795 filed 01/29/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 018016795 registered 05/28/2019 with a renewal date of 01/29/2029 and an expiration date of 01/29/2029 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Kevin J. McDevitt. Kevin J. McDevitt of NEAL & MCDEVITT, LLC, is located at

      1776 ASH STREET
      NORTHFIELD, Illinois 60093
      US
The docket/reference number is 62256.00356.

The phone number is 847-441-9100.

The fax number is 847-441-0911.

The email address is pto@nealmcdevitt.com

The applicants proposed attorney information: Kevin J. McDevitt. Other appointed attorneys are Nicholas G. de la Torre, Richard B. Biagi, Jeffrey T. Norberg, Rochelle Claerbaut, Michelle Tourtillott. Kevin J. McDevitt of Neal & McDevitt, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1776 Ash Street
      1776 Ash Street
      Northfield, Illinois 60093
      United States
The docket/reference number is 62256.00356.

The phone number is 847-441-9100.

The fax number is 847-441-0911.

The email address is pto@nealmcdevitt.com

Kevin J. McDevitt 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.
The applicant's current correspondence information: KEVIN J. MCDEVITT. KEVIN J. MCDEVITT of NEAL & MCDEVITT, LLC, is located at

      1776 ASH STREET
      NORTHFIELD, Illinois 60093
      US
The docket/reference number is 62256.00356.

The phone number is 847-441-9100.

The fax number is 847-441-0911.

The email address is pto@nealmcdevitt.com

The applicants proposed correspondence information: Kevin J. McDevitt. Kevin J. McDevitt of Neal & McDevitt, LLC, is located at

      1776 Ash Street
      1776 Ash Street
      Northfield, Illinois 60093
      United States
The docket/reference number is 62256.00356.

The phone number is 847-441-9100.

The fax number is 847-441-0911.

The email address is pto@nealmcdevitt.com; ndelatorre@nealmcdevitt.com; apierce@nealmcdevitt.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Regarding the Examiner's comments relating to submission of the Foreign Registration, we note that Applicant did in fact submit a copy of EUTM Registration No. 018016795 with the original application.


SIGNATURE(S)
Response Signature
Signature: /ngt/     Date: 12/11/2019
Signatory's Name: Nicholas G. de la Torre
Signatory's Position: Attorney of Record, Illinois Bar Member

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 J. MCDEVITT
   NEAL & MCDEVITT, LLC
   
   1776 ASH STREET
   NORTHFIELD, Illinois 60093
Mailing Address:    Kevin J. McDevitt
   Neal & McDevitt, LLC
   1776 Ash Street
   1776 Ash Street
   Northfield, Illinois 60093
        
Serial Number: 88473399
Internet Transmission Date: Wed Dec 11 12:41:04 EST 2019
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20191211124104682
720-88473399-700c1582bd23782fd50f86b35c8
d2acafc9a066c07d1b87ce917a5ed537da3969d3
-N/A-N/A-20191211122755545346