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. 88491423 BEYOND GRAVITY(Standard Characters, see http://uspto.report/TM/88491423/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 007 for Motorised lifting machines for industrial use; Motorised lifting apparatus for industrial use; Hydraulic lifting attachments for industrial use; Apparatus for lifting for industrial use; Parts and accessories for Motorised lifting machines, namely, actuators and actuating handles for such apparatus adapted to grab hold of the goods to be lifted; Rolling stock for funicular railways, namely, railed lifting conveyors; Robotic mechanisms for lifting in industrial use; Elevating work platforms; Machines, namely, screw pulley blocks; Screw pully blocks being parts of machines; Lifting and hoisting equipment, namely, elevators and escalators; Hydraulic lift tables; Electric pulley blocks; Lifting tackle machines; Pulleys, namely, hoist with pulleys; Lifting tables; Lifting ramps; Remotely controlled lifting machines for industrial use; Hydraulic lifting gear, namely, manipulator arms and control handles; Electric hoists; Hydraulic hoists; Mechanical hoists; Lifting and hoisting apparatus, namely, cranes; Lifting machines for handling loads for industrial use; Hoists; Load carry and lifting machines, for heavy lifting, and the movement and transfer in bulk; Load carrying and lifting machines, for the transport of goods; Pneumatic lifting apparatus being machines; Mechanical and pneumatic hoisting apparatus; Hydraulic lifts; Lifting installations for use in industry; Lifting attachments incorporating mechanisms for the handling of goods; Lifting and hoisting apparatus, namely, cranes; Self-propelled cranes; Fixed cranes; Attachments for cranes; Lifting tongs for cranes; Grippers for cranes; Taps being machine tools; Machine cocks; Taps being mechanically operated tools; Grabs being parts of machines; Machines for loading for industrial use; Universal load transfer units; Winching machines; Loading cranes; Hydraulic industrial process controllers; Robotic arms for industrial purposes; Stacker crane arms; Elevating or lifting work platforms; Fixed and mobile cranes; Derricks; Hydraulic tools, namely, pneumatic, magnetic, mechanical or vacuum powered end effectors; Hydraulically operated switches; Hydraulic actuators; Handles being parts of machine tools; Handles being parts of mechanically operated tools; Pneumatic hoists; Hydraulic lifting ramps; Electric lifting attachments being parts of machines; Electric grippers being parts of machines
Original Filing Basis:
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 018080109 filed 06/11/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Motorised lifting machines for industrial use; Motorised lifting machines for industrial use for use in industrial industries, such as building and construction, food and beverage, glass, windows, automotive and repair services which requiring heavy lifting for the movement of various goods or loads; Motorised lifting apparatus for industrial use; motorised lifting apparatus for industrial use for use in industrial industries requiring heavy such as building and construction, food and beverage, glass, windows, automotive and repair services which requiring heavy lifting for the movement of various goods or loads; Hydraulic lifting attachments for industrial use; hydraulic lifting attachments for industrial use, namely, hydraulic crane attachments in the form of grips; Apparatus for lifting for industrial use; apparatus for lifting for industrial use, namely control units, manipulator arms, rail lifting apparatus; Parts and accessories for Motorised lifting machines, namely, actuators and actuating handles for such apparatus adapted to grab hold of the goods to be lifted; parts and accessories for motorised lifting machines, namely, vacuum end effector, magnetic end effector, hooks, quick coupling, hydraulic linear, control unit actuators adapted to grab hold of the goods to be lifted and actuating handles for such apparatus; Rolling stock for funicular railways, namely, railed lifting conveyors; rolling stock for funicular railways, namely, railed lifting conveyor machines; Robotic mechanisms for lifting in industrial use; robotic lifting machines for lifting goods for industrial use; elevating work platforms; Machines, namely, screw pulley blocks; machines, namely screw pulley blocks being used as part of lifting control unit; Screw pully blocks being parts of machines; machine parts in the nature of screw pulley blocks being used as part of lifting control unit; Lifting and hoisting equipment, namely, elevators and escalators; lifting and hoisting equipment, namely elevators and escalators; hydraulic lift tables; electric pulley blocks; Lifting tackle machines; lifting tackle machines, namely, lifting tackle machines, namely, hoists, winches, a system of ropes, ropes, pulley blocks, hooks for lifting heavy objects; pulleys, namely, hoist with pulleys; Lifting tables; machines being lifting tables for conveying goods; Lifting ramps; powered lifting ramps for conveying goods; Remotely controlled lifting machines for industrial use; remotely controlled lifting machines for industrial use for heavy lifiting; Hydraulic lifting gear, namely, manipulator arms and control handles; hydraulic lifting gear namely manipulator arms and control handles therefore for use as attachment to lifting machines for heavy lifts or cranes electric hoists; Electric hoists; hydraulic hoists; mechanical hoists; lifting and hoisting apparatus, namely, cranes; lifting machines for handling in the nature of goods to be transported for industrial use; Lifting machines for handling loads for industrial use; hoists; load lifting machines and carry machines in the nature of cranes, for heavy lifting of goods for transport, and for the movement and transfer of bulk goods; Load carry and lifting machines, for heavy lifting, and the movement and transfer in bulk; load lifting machines and carrying machines in the nature of cranes, for the transport of goods; Load carrying and lifting machines, for the transport of goods; pneumatic lifting apparatus being machines for the transport of goods; Pneumatic lifting apparatus being machines; mechanical and pneumatic hoists; Mechanical and pneumatic hoisting apparatus; hydraulic lifts; lifting installations for use in industry for the transport of goods; Lifting installations for use in industry; lifting attachments for handling in the nature of goods to be transported for industrial use incorporating cranes, control units, hooks and screw pulley blocks for the handling of goods; Lifting attachments incorporating mechanisms for the handling of goods; lifting and hoisting apparatus, namely, cranes; self-propelled cranes; fixed cranes; attachments for cranes, namely, lifting tongs and grippers for use as attachments for cranes; Attachments for cranes; taps being machine tools; Lifting tongs for cranes; machine cocks being valves for machines; Grippers for cranes; grabs in the form of hooks, vacuum end effectors and magnetic end effectors being parts of lifting machines; Taps being machine tools; machines for loading for industrial use; Machine cocks; universal load transfer units, namely, movable travellators for transport of heavy goods; Taps being mechanically operated tools; winching machines; Grabs being parts of machines; loading cranes; hydraulic controllers for machines used in industrial processes; Universal load transfer units; lifting and conveying machine attachments in the nature of robotic arms featuring the ability to grip, lift and move goods to be stored or transported; stacker crane arms being cranes for attachment to machines used in moving goods stored in stack form; elevating or lifting work platforms; Hydraulic industrial process controllers; fixed and mobile cranes; Robotic arms for industrial purposes; derricks; Stacker crane arms; hydraulic tools, namely, pneumatic, magnetic, mechanical or vacuum powered end effectors, namely, attachments for goods transport machines being devices used in picking up goods to be moved; hydraulically operated switches as parts of machines; hydraulic linear and valve actuators; handles being parts of machine tools; Hydraulic tools, namely, pneumatic, magnetic, mechanical or vacuum powered end effectors; handles being parts of mechanically operated tools; Hydraulically operated switches; pneumatic hoists; Hydraulic actuators; hydraulic lifting ramps; electric lifting attachments being parts of machines; electric grippers being parts of machinesClass 007 for Motorised lifting machines for industrial use for use in industrial industries, such as building and construction, food and beverage, glass, windows, automotive and repair services which requiring heavy lifting for the movement of various goods or loads; motorised lifting apparatus for industrial use for use in industrial industries requiring heavy such as building and construction, food and beverage, glass, windows, automotive and repair services which requiring heavy lifting for the movement of various goods or loads; hydraulic lifting attachments for industrial use, namely, hydraulic crane attachments in the form of grips; apparatus for lifting for industrial use, namely control units, manipulator arms, rail lifting apparatus; parts and accessories for motorised lifting machines, namely, vacuum end effector, magnetic end effector, hooks, quick coupling, hydraulic linear, control unit actuators adapted to grab hold of the goods to be lifted and actuating handles for such apparatus; rolling stock for funicular railways, namely, railed lifting conveyor machines; robotic lifting machines for lifting goods for industrial use; elevating work platforms; machines, namely screw pulley blocks being used as part of lifting control unit; machine parts in the nature of screw pulley blocks being used as part of lifting control unit; lifting and hoisting equipment, namely elevators and escalators; hydraulic lift tables; electric pulley blocks; lifting tackle machines, namely, lifting tackle machines, namely, hoists, winches, a system of ropes, ropes, pulley blocks, hooks for lifting heavy objects; pulleys, namely, hoist with pulleys; machines being lifting tables for conveying goods; powered lifting ramps for conveying goods; remotely controlled lifting machines for industrial use for heavy lifiting; hydraulic lifting gear namely manipulator arms and control handles therefore for use as attachment to lifting machines for heavy lifts or cranes electric hoists; hydraulic hoists; mechanical hoists; lifting and hoisting apparatus, namely, cranes; lifting machines for handling in the nature of goods to be transported for industrial use; hoists; load lifting machines and carry machines in the nature of cranes, for heavy lifting of goods for transport, and for the movement and transfer of bulk goods; load lifting machines and carrying machines in the nature of cranes, for the transport of goods; pneumatic lifting apparatus being machines for the transport of goods; mechanical and pneumatic hoists; hydraulic lifts; lifting installations for use in industry for the transport of goods; lifting attachments for handling in the nature of goods to be transported for industrial use incorporating cranes, control units, hooks and screw pulley blocks for the handling of goods; lifting and hoisting apparatus, namely, cranes; self-propelled cranes; fixed cranes; attachments for cranes, namely, lifting tongs and grippers for use as attachments for cranes; taps being machine tools; machine cocks being valves for machines; grabs in the form of hooks, vacuum end effectors and magnetic end effectors being parts of lifting machines; machines for loading for industrial use; universal load transfer units, namely, movable travellators for transport of heavy goods; winching machines; loading cranes; hydraulic controllers for machines used in industrial processes; lifting and conveying machine attachments in the nature of robotic arms featuring the ability to grip, lift and move goods to be stored or transported; stacker crane arms being cranes for attachment to machines used in moving goods stored in stack form; elevating or lifting work platforms; fixed and mobile cranes; derricks; hydraulic tools, namely, pneumatic, magnetic, mechanical or vacuum powered end effectors, namely, attachments for goods transport machines being devices used in picking up goods to be moved; hydraulically operated switches as parts of machines; hydraulic linear and valve actuators; handles being parts of machine tools; handles being parts of mechanically operated tools; pneumatic hoists; hydraulic lifting ramps; electric lifting attachments being parts of machines; electric grippers being parts of machines
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 018080109 filed 06/11/2019]. 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 018080109 registered 09/24/2019 with a renewal date of __________ and an expiration date of 06/11/2029 ], 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.
Original PDF file:
FRU0-72668647-141052137_._EU_certifed_copy_018080109.pdf
Converted PDF file(s) ( 9 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
Foreign Registration-9

The applicant's current attorney information: Michael J. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      US
The docket/reference number is 332.264.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is trademarks@hynak.com

The applicants proposed attorney information: Michael J. Hynak. Other appointed attorneys are Barbara A. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      United States
The docket/reference number is 332.264.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is docket@hynak.com

Michael J. Hynak 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: MICHAEL J. HYNAK. MICHAEL J. HYNAK of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      US
The docket/reference number is 332.264.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is trademarks@hynak.com; mike@hynak.com

The applicants proposed correspondence information: Michael J. Hynak. Michael J. Hynak of HYNAK & ASSOCIATES, PC, is located at

      812 SOUTH COURTHOUSE RD
      ARLINGTON, Virginia 22204
      United States
The docket/reference number is 332.264.

The phone number is 703-892-4989.

The fax number is 703-553-7793.

The email address is docket@hynak.com; mike@hynak.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney is advised that the applicant's "motorised lifting machines for industrial use" and "motorised lifting apparatus for industrial use" are available for use in any industry which requires that various types of goods be move from one location to another. The applicant's goods can be fixed to items such as manipulator arms, cranes, industrial track systems, etc. where the need for the lifting of heavy goods is required. The goods are not in the nature of transportation vehicles. Should the Examining Attorney have any further issues as to the identification of goods she is requested to contact the undersigned to resolve said issues via a phone call.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Michael J Hynak/      Date: 10/22/2019
Signatory's Name: Michael J. Hynak
Signatory's Position: US Attorney for Applicant

Response Signature
Signature: /Michael J Hynak/     Date: 10/22/2019
Signatory's Name: Michael J. Hynak
Signatory's Position: US Attorney for Applicant

Signatory's Phone Number: 703-892-4989

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:    MICHAEL J. HYNAK
   HYNAK & ASSOCIATES, PC
   
   812 SOUTH COURTHOUSE RD
   ARLINGTON, Virginia 22204
Mailing Address:    Michael J. Hynak
   HYNAK & ASSOCIATES, PC
   812 SOUTH COURTHOUSE RD
   ARLINGTON, Virginia 22204
        
Serial Number: 88491423
Internet Transmission Date: Tue Oct 22 14:41:02 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201910221441022232
79-88491423-61078783138e0d53973fae7a3a4e
b373137245b8815f060137722c11a3f4cff4b-N/
A-N/A-20191022141052137705