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. 88496569 KITCHENMAX(Standard Characters, see http://uspto.report/TM/88496569/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 007 for Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, and a battery charging base, all sold as a unit; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, as well as with a battery operated corkscrew or battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, all sold as a unit; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, as well as with a battery operated corkscrew or battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, and a battery charging base, all sold as a unit
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: Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers; Battery operated kitchen tools systems primarily comprised of electric immersion food blenders, electric and electric beverage blenders, electric food choppers, electric food grinders, electric slicers, electric shredders, electric graters, electric whisks, electric mixers, electric slicing knives, electric knife sharpeners and electric can openers all for household purposes; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, and a battery charging base, all sold as a unit; Battery operated kitchen tools systems primarily comprised of electric immersion food blenders, electric and electric beverage blenders, electric food choppers, electric food grinders, electric slicers, electric shredders, electric graters, electric whisks, electric mixers, electric slicing knives, electric knife sharpeners and electric can openers all for household purposes and all sold as a unit with a battery charging base fitted for each of the aforesaid components; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, as well as with a battery operated corkscrew or battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, all sold as a unit; Battery operated kitchen tools systems comprised of one or more of the following battery operated tools: immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, can openers, as well as with a battery operated corkscrew or battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, and a battery charging base, all sold as a unitClass 007 for Battery operated kitchen tools systems primarily comprised of electric immersion food blenders, electric and electric beverage blenders, electric food choppers, electric food grinders, electric slicers, electric shredders, electric graters, electric whisks, electric mixers, electric slicing knives, electric knife sharpeners and electric can openers all for household purposes; Battery operated kitchen tools systems primarily comprised of electric immersion food blenders, electric and electric beverage blenders, electric food choppers, electric food grinders, electric slicers, electric shredders, electric graters, electric whisks, electric mixers, electric slicing knives, electric knife sharpeners and electric can openers all for household purposes and all sold as a unit with a battery charging base fitted for each of the aforesaid components
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 021 for Battery operated kitchen tools for household purposes, namely, a corkscrew; Battery operated kitchen tools for household purposes, namely, dishwashing brushes being a motorized device for use in washing dishes by hand; Battery operated kitchen tools systems comprised of a corkscrew and one or more of the following battery operated tools: dishwashing brushes being a motorized device for use in washing dishes by hand, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, all sold as a unit; Battery operated kitchen tools systems comprised of a corkscrew and one or more of the following battery operated tools: dishwashing brushes being a motorized device for use in washing dishes by hand, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, and a battery charging base, all sold as a unit; Battery operated kitchen tools systems comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and one or more of the following battery operated tools: corkscrew, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, all sold as a unit; Battery operated kitchen tools systems comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and one or more of the following battery operated tools: corkscrews, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, and a battery charging base, all sold as a unit
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: Battery operated kitchen tools for household purposes, namely, a corkscrew; Battery operated kitchen tools for household purposes, namely a corkscrew; Battery operated kitchen tools for household purposes, namely, dishwashing brushes being a motorized device for use in washing dishes by hand; Battery operated kitchen tools for household purposes, namely dishwashing brushes being a motorized device for use in washing dishes by hand; Battery operated kitchen tools systems comprised of a corkscrew and one or more of the following battery operated tools: dishwashing brushes being a motorized device for use in washing dishes by hand, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, all sold as a unit; Battery operated kitchen tools systems primarily comprised of a corkscrew and dishwashing brushes being a motorized device for use in washing dishes by hand and beverage stirrers all sold as a unit; Battery operated kitchen tools systems comprised of a corkscrew and one or more of the following battery operated tools: dishwashing brushes being a motorized device for use in washing dishes by hand, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, and a battery charging base, all sold as a unit; Battery operated kitchen tools systems primarily comprised of a corkscrew and battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, and beverage stirrers all sold as a unit with a battery charging base fitted for each of the aforesaid components; Battery operated kitchen tools systems comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and one or more of the following battery operated tools: corkscrew, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, all sold as a unit; Battery operated kitchen tools systems primarily comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and a battery operated corkscrew and battery operated beverage stirrers all sold as a unit; Battery operated kitchen tools systems comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and one or more of the following battery operated tools: corkscrews, immersion food and beverage blenders, food choppers, food grinders, slicers and shredders, graters, whisks, mixers, slicing knives, knife sharpeners, food and beverage stirrers, can openers, and a battery charging base, all sold as a unit; Battery operated kitchen tools systems primarily comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and a battery operated corkscrew and battery operated beverage stirrers all sold as a unit with a battery charging base fitted for each of the aforesaid componentsClass 021 for Battery operated kitchen tools for household purposes, namely a corkscrew; Battery operated kitchen tools for household purposes, namely dishwashing brushes being a motorized device for use in washing dishes by hand; Battery operated kitchen tools systems primarily comprised of a corkscrew and dishwashing brushes being a motorized device for use in washing dishes by hand and beverage stirrers all sold as a unit; Battery operated kitchen tools systems primarily comprised of a corkscrew and battery operated dishwashing brushes being a motorized device for use in washing dishes by hand, and beverage stirrers all sold as a unit with a battery charging base fitted for each of the aforesaid components; Battery operated kitchen tools systems primarily comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and a battery operated corkscrew and battery operated beverage stirrers all sold as a unit; Battery operated kitchen tools systems primarily comprised of dishwashing brushes being a motorized device for use in washing dishes by hand and a battery operated corkscrew and battery operated beverage stirrers all sold as a unit with a battery charging base fitted for each of the aforesaid components
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, an entity organized in the British Virgin Islands and TTI Finance Ltd., an entity 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, an entity organized in the British Virgin Islands and TTI Finance Ltd., an entity 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 020872-8349.
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 020872-8349.

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
Pursuant to 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. Application Serial No. 87318125.


SIGNATURE(S)
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 ST., STE. 3200
   CHICAGO, Illinois 60606
Mailing Address:    Jeffrey H. Brown
   MICHAEL BEST & FRIEDRICH LLP
   444 W. LAKE ST., STE. 3200
   CHICAGO, Illinois 60606
        
Serial Number: 88496569
Internet Transmission Date: Fri Mar 06 19:01:36 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202003061901360
04325-88496569-7102e92e1c1363af5ef6ad77d
f1a4ed69778a861e8185dd501d6cd56e68f21628
f9-N/A-N/A-20200306185540336927