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. 88496359 TRU-FLATE (Stylized and/or with Design, see http://uspto.report/TM/88496359/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 Air-operated power tools, namely, air ratchet and impact wrench kits, mini-die grinders, cut off tools
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: Air-operated power tools, namely, air ratchet and impact wrench kits, mini-die grinders, cut off tools; Air-operated power tools, namely, cut off tools, air ratchets, impact wrenches and die grindersClass 007 for Air-operated power tools, namely, cut off tools, air ratchets, impact wrenches and die grinders
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 P. KOENIG. NATHAN P. KOENIG of BAY AREA TECHNOLOGY LAW GROUP PC, is located at

      2171 E. FRANCISCO BLVD. SUITE L
      2171 E. FRANCISCO BLVD. SUITE L
      SAN RAFAEL, California 94901
      US
The docket/reference number is 221.281.

The phone number is 415-868-4072.

The email address is patents@batechlaw.com

The applicants proposed attorney information: NATHAN P. KOENIG. NATHAN P. KOENIG of BAY AREA TECHNOLOGY LAW GROUP PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2171 E. FRANCISCO BLVD. SUITE L
      2171 E. FRANCISCO BLVD. SUITE L
      SAN RAFAEL, California 94901
      United States
The docket/reference number is 221.281.

The phone number is 415-868-4072.

The email address is patents@batechlaw.com

NATHAN P. KOENIG 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 P. KOENIG. NATHAN P. KOENIG of BAY AREA TECHNOLOGY LAW GROUP PC, is located at

      2171 E. FRANCISCO BLVD. SUITE L
      2171 E. FRANCISCO BLVD. SUITE L
      SAN RAFAEL, California 94901
      US
The docket/reference number is 221.281.

The phone number is 415-868-4072.

The email address is patents@batechlaw.com; patents@batechlaw.com

The applicants proposed correspondence information: NATHAN P. KOENIG. NATHAN P. KOENIG of Bay Area Technology Law Group PC, is located at

      2171 E. Francisco Blvd. Suite L
      2171 E. Francisco Blvd. Suite L
      San Rafael, California 94901
      United States
The docket/reference number is 221.281.

The phone number is 4158684072.

The email address is patents@batechlaw.com; patents@batechlaw.com

SIGNATURE(S)
Response Signature
Signature: /nathan p. koenig/     Date: 09/26/2019
Signatory's Name: NATHAN P. KOENIG
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 4158684072

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 P. KOENIG
   BAY AREA TECHNOLOGY LAW GROUP PC
   2171 E. FRANCISCO BLVD. SUITE L
   2171 E. FRANCISCO BLVD. SUITE L
   SAN RAFAEL, California 94901
Mailing Address:    NATHAN P. KOENIG
   Bay Area Technology Law Group PC
   2171 E. Francisco Blvd. Suite L
   2171 E. Francisco Blvd. Suite L
   San Rafael, California 94901
        
Serial Number: 88496359
Internet Transmission Date: Thu Sep 26 16:33:37 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019092616333762
7075-88496359-61095d6346647af4facba1ac6d
659a52280c6cd66c292c347c58edd18c0355f7a-
N/A-N/A-20190926162435136162