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. 88481860 PROSPECTOR(Standard Characters, see http://uspto.report/TM/88481860/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 machines for mechanical testing of products
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.

Proposed:
Tracked Text Description: machines for mechanical testing of products; Machines for the mechanical testing of products, namely, testing apparatus for testing printed circuit boards, automotive goods, LED components, electronic components, and plastic products; Metal strength testing machines; Metal hardness testing machines; Metal compression testing machines; Machines for testing the mechanical functionality of medical devices to ensure that they meet a certain set of predefined specifications; Mechanical testing machines, namely, machines to perform shear tests, creep tests, flexural and bend tests, fatigue tests, torsion tests, tensile tests, peel and tear tests, compression tests, and mechanical testing completed at variety of thermal environments.Class 009 for Machines for the mechanical testing of products, namely, testing apparatus for testing printed circuit boards, automotive goods, LED components, electronic components, and plastic products; Metal strength testing machines; Metal hardness testing machines; Metal compression testing machines; Machines for testing the mechanical functionality of medical devices to ensure that they meet a certain set of predefined specifications; Mechanical testing machines, namely, machines to perform shear tests, creep tests, flexural and bend tests, fatigue tests, torsion tests, tensile tests, peel and tear tests, compression tests, and mechanical testing completed at variety of thermal environments.
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.

The applicant's current attorney information: Candice M. Reder. Candice M. Reder of BAKER & HOSTETLER LLP, is located at

      KEY TOWER, SUITE
      127 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      US
The docket/reference number is 98977.020200.

The phone number is 216-861-7079.

The fax number is 216-696-0740.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Candice M. Reder. Other appointed attorneys are Deborah A. Wilcox, Christina J. Moser, John M. Mueller, Lesley M. Grossberg, Kevin M. Bovard, Candice M. Reder. Candice M. Reder of BAKER & HOSTETLER 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

      KEY TOWER, SUITE 2000
      127 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is 98977.020200.

The phone number is 216-861-7079.

The fax number is 216-696-0740.

The email address is bhipdocket@bakerlaw.com

Candice M. Reder 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: CANDICE M. REDER. CANDICE M. REDER of BAKER & HOSTETLER LLP, is located at

      KEY TOWER, SUITE
      127 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      US
The docket/reference number is 98977.020200.

The phone number is 216-861-7079.

The fax number is 216-696-0740.

The email address is bhipdocket@bakerlaw.com; creder@bakerlaw.com; tnoel@bakerlaw.com

The applicants proposed correspondence information: Candice M. Reder. Candice M. Reder of BAKER & HOSTETLER LLP, is located at

      KEY TOWER, SUITE 2000
      127 PUBLIC SQUARE
      CLEVELAND, Ohio 44114
      United States
The docket/reference number is 98977.020200.

The phone number is 216-861-7079.

The fax number is 216-696-0740.

The email address is bhipdocket@bakerlaw.com; creder@bakerlaw.com; tnoel@bakerlaw.com

SIGNATURE(S)
Response Signature
Signature: /Candice M. Reder/     Date: 12/11/2019
Signatory's Name: Candice M. Reder
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 216-861-7079

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:    CANDICE M. REDER
   BAKER & HOSTETLER LLP
   KEY TOWER, SUITE
   127 PUBLIC SQUARE
   CLEVELAND, Ohio 44114
Mailing Address:    Candice M. Reder
   BAKER & HOSTETLER LLP
   KEY TOWER, SUITE 2000
   127 PUBLIC SQUARE
   CLEVELAND, Ohio 44114
        
Serial Number: 88481860
Internet Transmission Date: Wed Dec 11 17:49:33 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019121117493341
7337-88481860-70092bc7fa6103cc69ea75f1f8
161d6a1dce0638cbe93b961faf5a98a4567911-N
/A-N/A-20191211174537311353