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. 88489984 GRID(Standard Characters, see http://uspto.report/TM/88489984/mark.png) has been amended as follows:

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

This Response is in reply to the Office Action issued in relation to the above-pending application.  Applicant has carefully considered the remarks of the Examining Attorney, and responds as follows:

 

Applicant adopts the Examining Attorney’s proposed amendments, as follows:

 

Gas detectors for detecting the presence of gas; downloadable software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis; thermal imagining cameras; respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof; electronic hearing protection incorporated into a communications systems associated with radio communications and telemetry; electronic devices, namely, personal alert safety systems (PASS), fall detection systems and apparatus, utilizing physiological monitoring equipment, location determination and geo-fencing.

 

Applicant further states that the mark is not a term of art in the Applicant’s industry, and does not have any significance in the trade or industry.

 

Finally, Applicant has provided all attorney information requested in the response form.

 

Applicant hereby requests publication of the application.

 

Respectfully submitted,

 

/CRD/

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for gas detectors for detecting the presence of gas; software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis, thermal imagining cameras, respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof, hearing protection, namely, electronic hearing protection and communications systems associated with radio communications and telemetry, personal alert safety systems (PASS), fall detection systems and apparatus, physiological monitoring equipment, and location determination and geo-fencing
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: Gas detectors for detecting the presence of gas; software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis, thermal imagining cameras, respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof, hearing protection, namely, electronic hearing protection and communications systems associated with radio communications and telemetry, personal alert safety systems (PASS), fall detection systems and apparatus, physiological monitoring equipment, and location determination and geo-fencing; downloadable software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis; thermal imagining cameras; respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof; electronic hearing protection incorporated into a communications systems associated with radio communications and telemetry; electronic devices, namely, personal alert safety systems (PASS), fall detection systems and apparatus, utilizing physiological monitoring equipment, location determination and geo-fencingClass 009 for Gas detectors for detecting the presence of gas; downloadable software for use with gas detection, gas calibrators, vapor, gas, fire, and danger alarms, measurement and analysis; thermal imagining cameras; respiratory protective apparatus, namely, self-contained breathing apparatus and parts thereof; electronic hearing protection incorporated into a communications systems associated with radio communications and telemetry; electronic devices, namely, personal alert safety systems (PASS), fall detection systems and apparatus, utilizing physiological monitoring equipment, location determination and geo-fencing
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: Nathan J. Prepelka. Nathan J. Prepelka of THE WEBB LAW FIRM, is located at

      420 FT. DUQUESNE BLVD., SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      US
The docket/reference number is 2934-1904551.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

The applicants proposed attorney information: Nathan J. Prepelka. Nathan J. Prepelka of THE WEBB LAW FIRM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      420 FT. DUQUESNE BLVD., SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      United States
The docket/reference number is 2934-1904551.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

Nathan J. Prepelka 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: NATHAN J. PREPELKA. NATHAN J. PREPELKA of THE WEBB LAW FIRM, is located at

      420 FT. DUQUESNE BLVD., SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      US
The docket/reference number is 2934-1904551.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

The applicants proposed correspondence information: Nathan J. Prepelka. Nathan J. Prepelka of THE WEBB LAW FIRM, is located at

      420 FT. DUQUESNE BLVD., SUITE 1200
      ONE GATEWAY CENTER
      PITTSBURGH, Pennsylvania 15222
      United States
The docket/reference number is 2934-1904551.

The phone number is 412-471-8815.

The fax number is 412-471-4094.

The email address is trademarks@webblaw.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
GRID appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /CRD/     Date: 12/12/2019
Signatory's Name: Cecilia R. Dickson
Signatory's Position: Attorney of Record, PA Bar Member, PA ID 89348

Signatory's Phone Number: 412-471-8815

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:    NATHAN J. PREPELKA
   THE WEBB LAW FIRM
   420 FT. DUQUESNE BLVD., SUITE 1200
   ONE GATEWAY CENTER
   PITTSBURGH, Pennsylvania 15222
Mailing Address:    Nathan J. Prepelka
   THE WEBB LAW FIRM
   420 FT. DUQUESNE BLVD., SUITE 1200
   ONE GATEWAY CENTER
   PITTSBURGH, Pennsylvania 15222
        
Serial Number: 88489984
Internet Transmission Date: Thu Dec 12 13:14:23 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912121314232
20226-88489984-700e76b2193ee51e104bb03c6
db06f6183738e358825f315a167271148013547-
N/A-N/A-20191212131145542755