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. 88477098 JELCO(Standard Characters, see http://uspto.report/TM/88477098/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument with exhibits has been attached.
Original PDF file:
evi_104137193186-20191213095656334799_._JELCO_-_Argument_with_Exhibits.pdf
Converted PDF file(s) ( 28 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
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Evidence-16
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Evidence-19
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Evidence-28

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Safety harnesses other than for vehicles or sports purposes; Fall arrestor system for climbing wooden poles, namely, belts specially designed to permit safe climbing of wooden poles; Safety equipment, namely, a lifeline system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, shock absorber, tool carrying bags and cases; safety belt other than for vehicles or sports purposes
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Canada registration number LCD32312 registered 12/29/1947 with a renewal date of 12/29/2007 and an expiration date of 12/29/2032 ], 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: Safety harnesses other than for vehicles or sports purposes; Fall arrestor system for climbing wooden poles, namely, belts specially designed to permit safe climbing of wooden poles; Safety equipment, namely, a lifeline system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, shock absorber, tool carrying bags and cases; Safety equipment, namely, a lifeline anchorage system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, shock absorber, tool carrying bags and cases; safety belt other than for vehicles or sports purposesClass 009 for Safety harnesses other than for vehicles or sports purposes; Fall arrestor system for climbing wooden poles, namely, belts specially designed to permit safe climbing of wooden poles; Safety equipment, namely, a lifeline anchorage system for horizontal or vertical movement to which a worker is attached for protection against fall hazards, composed of line tension indicator, turnbuckle, bars, anchors, harnesses, lanyards, cables, anchorage connectors, carabiners, lifelines, stanchions, shock absorber, tool carrying bags and cases; safety belt other than for vehicles or sports purposes
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Canada registration number LCD32312 registered 12/29/1947 with a renewal date of 12/29/2007 and an expiration date of 12/29/2032 ], 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.

SIGNATURE(S)
Response Signature
Signature: /bms/     Date: 12/13/2019
Signatory's Name: Bradley M. Stohry
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone Number: 3174238820

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.

        
Serial Number: 88477098
Internet Transmission Date: Fri Dec 13 09:59:45 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191213095945
392844-88477098-7002563fe67bd49c041b4621
6ece3632c5ce3d3e23ad454fe0c2c46069b0f8aa
f8-N/A-N/A-20191213095656334799