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. 88496528 ONE+ (Stylized and/or with Design, see http://uspto.report/TM/88496528/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 007 for Power tools, namely, buffers, caulk and adhesive guns, drills, grinders, hammer drills, rotary hammers, impact drivers, impact wrenches, laminate trimmers, nail guns, planers, polishers, routers, sanders, saws, screwdrivers, staplers, oscillating tools, cultivators, sprayers, pressure washers, files, joiners, tile saws, floor cleaners, ratchet wrenches, swimming pool scrubbers, rebar cutters, presses, floor scrubbers, portable surface scrubbers, winches, floor dryers, paint shredders, inflators, framing nail guns and finishing nail guns; interchangeable power tool head systems; power operated lawn and garden equipment, namely, trimmers, edgers, hedge trimmers, blowers, chainsaws, and pruners; vacuum cleaners; kits consisting primarily of one or more power tools, namely, consisting of one or more power drills, saws, impact drivers and impact hammers, and also containing specially designed battery packs and battery chargers; kits consisting primarily of vacuum cleaners and also containing specially designed battery packs and battery chargers; power operated paint sprayers and rollers; power-operated air inflation machines; electric garage door opener; electric pumps; electric debris sweeper; electric auger; electric soldering apparatus; electric soldering iron; electric lawn mower; electric grease gun; electric glue gun; electric jack; electric compressors; mechanical spreaders for seed; hydraulic bolt and rebar cutters; fuel pumps
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: Power tools, namely, buffers, caulk and adhesive guns, drills, grinders, hammer drills, rotary hammers, impact drivers, impact wrenches, laminate trimmers, nail guns, planers, polishers, routers, sanders, saws, screwdrivers, staplers, oscillating tools, cultivators, sprayers, pressure washers, files, joiners, tile saws, floor cleaners, ratchet wrenches, swimming pool scrubbers, rebar cutters, presses, floor scrubbers, portable surface scrubbers, winches, floor dryers, paint shredders, inflators, framing nail guns and finishing nail guns; interchangeable power tool head systems; power operated lawn and garden equipment, namely, trimmers, edgers, hedge trimmers, blowers, chainsaws, and pruners; vacuum cleaners; kits consisting primarily of one or more power tools, namely, consisting of one or more power drills, saws, impact drivers and impact hammers, and also containing specially designed battery packs and battery chargers; kits consisting primarily of vacuum cleaners and also containing specially designed battery packs and battery chargers; power operated paint sprayers and rollers; power-operated air inflation machines; electric garage door opener; electric pumps; electric debris sweeper; electric auger; electric soldering apparatus; electric soldering iron; electric lawn mower; electric grease gun; electric glue gun; electric jack; electric compressors; mechanical spreaders for seed; hydraulic bolt and rebar cutters; fuel pumps; fuel pumps for land vehiclesClass 007 for Power tools, namely, buffers, caulk and adhesive guns, drills, grinders, hammer drills, rotary hammers, impact drivers, impact wrenches, laminate trimmers, nail guns, planers, polishers, routers, sanders, saws, screwdrivers, staplers, oscillating tools, cultivators, sprayers, pressure washers, files, joiners, tile saws, floor cleaners, ratchet wrenches, swimming pool scrubbers, rebar cutters, presses, floor scrubbers, portable surface scrubbers, winches, floor dryers, paint shredders, inflators, framing nail guns and finishing nail guns; interchangeable power tool head systems; power operated lawn and garden equipment, namely, trimmers, edgers, hedge trimmers, blowers, chainsaws, and pruners; vacuum cleaners; kits consisting primarily of one or more power tools, namely, consisting of one or more power drills, saws, impact drivers and impact hammers, and also containing specially designed battery packs and battery chargers; kits consisting primarily of vacuum cleaners and also containing specially designed battery packs and battery chargers; power operated paint sprayers and rollers; power-operated air inflation machines; electric garage door opener; electric pumps; electric debris sweeper; electric auger; electric soldering apparatus; electric soldering iron; electric lawn mower; electric grease gun; electric glue gun; electric jack; electric compressors; mechanical spreaders for seed; hydraulic bolt and rebar cutters; fuel pumps for land vehicles
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.

Applicant proposes to amend the following:
Current: Class 009 for Batteries and battery chargers; radios; personal stereos; audio speakers; digital thermometers, not for medical use; solar powered chargers and attachments; power inverters and chargers; infrared paint remover; battery charge devices
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: Batteries and battery chargers; radios; personal stereos; audio speakers; digital thermometers, not for medical use; solar powered chargers and attachments; power inverters and chargers; power inverters and battery chargers; infrared paint remover; battery charge devicesClass 009 for Batteries and battery chargers; radios; personal stereos; audio speakers; digital thermometers, not for medical use; solar powered chargers and attachments; power inverters and battery chargers; infrared paint remover; battery charge devices
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.

Applicant proposes to amend the following:
Current: Class 011 for Flashlights; electric fans; spotlights; handheld lights; lighting fixtures, namely, work lights, workbench lights, area lights, cable lights, project lights, tripod lights, storage lights, magnifying lights and high output lights; air conditioners; electric air movers; electric fans; electric coolers; heat guns
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: Flashlights; electric fans; spotlights; handheld lights; handheld lights, namely, flashlights; lighting fixtures, namely, work lights, workbench lights, area lights, cable lights, project lights, tripod lights, storage lights, magnifying lights and high output lights; air conditioners; electric air movers; electric air movers, namely, air circulating and purifying machines; electric fans; electric coolers; heat gunsClass 011 for Flashlights; electric fans; spotlights; handheld lights, namely, flashlights; lighting fixtures, namely, work lights, workbench lights, area lights, cable lights, project lights, tripod lights, storage lights, magnifying lights and high output lights; air conditioners; electric air movers, namely, air circulating and purifying machines; electric fans; electric coolers; heat guns
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.

Applicant proposes to amend the following:
Current: Class 020 for Garage organizers
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: Garage organizers; Garage organizers, namely, drawer organizers, non-metal hanging organizers, non-metal storage cabinets, non-metal storage binsClass 020 for Garage organizers, namely, drawer organizers, non-metal hanging organizers, non-metal storage cabinets, non-metal storage bins
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 for Garage organizers, namely, metal storage cabinets, metal storage bins and metal bicycle storage racks
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Techtronic Cordless GP, a partnership legally organized under the laws of Nevada, having as partner(s) Gainful Plan Trading Limited, a limited company organized in the British Virgin Islands and TTI Finance Ltd., a limited company organized in the British Virgin Islands, having an address of
      100 Innovation Way
      Anderson, South Carolina 29621
      United States

Proposed: Techtronic Cordless GP, a partnership legally organized under the laws of Nevada, having as partner(s) Gainful Plan Trading Limited, a limited company organized in the British Virgin Islands and TTI Finance Ltd., a limited company organized in the British Virgin Islands, having an address of
      100 Innovation Way
      Anderson, South Carolina 29621
      United States
      Email Address: mbftm@michaelbest.com
Correspondence Information (current):
      Jeffrey H. Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: chiipdocket@michaelbest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20872-8196.
Correspondence Information (proposed):
      Jeffrey H. Brown
      PRIMARY EMAIL FOR CORRESPONDENCE: chiipdocket@michaelbest.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): larnott@michaelbest.com

The docket/reference number is 20872-8196.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
As evidenced by a trademark assignment agreement, Reel / Frame 6858/0786 recorded on February 6, 2020 with an effective date of June 6, 2019, Applicant is the owner of U.S. Registration/Application Serial No(s). 3,298,798, 4,266,663, 4,266,664 & 5,380,845 and 88/261,695.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Louise Arnott/     Date: 03/06/2020
Signatory's Name: Louise Arnott
Signatory's Position: Associate of Attorney of Record, Illinois Bar Member

Signatory's Phone Number: 312.596.5894

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:    Jeffrey H. Brown
   MICHAEL BEST & FRIEDRICH LLP
   
   444 W. LAKE STREET, SUITE 3200
   CHICAGO, Illinois 60606
Mailing Address:    Jeffrey H. Brown
   MICHAEL BEST & FRIEDRICH LLP
   444 W. LAKE STREET, SUITE 3200
   CHICAGO, Illinois 60606
        
RAM Sale Number: 88496528
RAM Accounting Date: 03/06/2020
        
Serial Number: 88496528
Internet Transmission Date: Fri Mar 06 18:52:53 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202003061852539
04981-88496528-710e94aef197c53a875b4bd09
07bfcd4ab5c2e86f6e3c3a3cf958fb883c3a244-
DA-52532112-20200306183827527284