Response to Office Action

HELLER

Heller Industries, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88506209
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK http://uspto.report/TM/88506209/mark.png
LITERAL ELEMENT HELLER
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)

RESPONSE TO 1st OFFICIAL ACTION 

Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia  22313-1451
BOX:  RESPONSES - NO FEE

Dear Commissioner:

          In response to the first Official Action mailed September 27, 2019 for which a response is due on or before March 27, 2019, please consider the following remarks and amendments.

REMARKS

I.          INFORMALITIES

          Applicant hereby responds to the requirement set forth in the outstanding office action which consists of amending the identification of goods in Class 11. In accordance with this requirement, applicant has prepared the following amendments , the entry of which is now requested. 

            Applicant is amending Class 11 consistent with the examiner's recommendations with minor exceptions for greater accuracy.       

II.         CONCLUSION

         In view of the foregoing, it is believed that applicant has made a good-faith effort to adequately address and satisfy all of the outstanding requirements set forth by the examining attorney, all matters have been resolved and this application is now in condition for allowance and to pass to publication for opposition. The applicant notes with appreciation that the examining attorney's search of the Office records failed to produce any similar registered or pending mark which could bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  In the event there are any formal matters to be resolved, it is requested that the examining attorney contact the undersigned attorney to expedite prosecution and completion.

GOODS AND/OR SERVICES SECTION (007)(no change)
GOODS AND/OR SERVICES SECTION (009)(no change)
GOODS AND/OR SERVICES SECTION (011)(current)
INTERNATIONAL CLASS 011
DESCRIPTION
Curing ovens for industrial use; thermal spot curing systems; autoclaves
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/30/1960
        FIRST USE IN COMMERCE DATE At least as early as 11/30/1960
GOODS AND/OR SERVICES SECTION (011)(proposed)
INTERNATIONAL CLASS 011
TRACKED TEXT DESCRIPTION
Curing ovens for industrial use; thermal spot curing systems; electric autoclaves for semiconductor manufacturing; autoclaves
FINAL DESCRIPTION
Curing ovens for industrial use; electric autoclaves for semiconductor manufacturing
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/30/1960
       FIRST USE IN COMMERCE DATE At least as early as 11/30/1960
GOODS AND/OR SERVICES SECTION (040)(no change)
ATTORNEY SECTION (current)
NAME Alexander H. Butterman
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME DUNLAP BENNETT LUDWIG PLLC
STREET 211 CHURCH ST., SE
CITY LEESBURG
STATE Virginia
POSTAL CODE 20175
COUNTRY US
PHONE 855-705-6414
FAX 855-226-8791
EMAIL trademarks@dbllawyers.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 52837
ATTORNEY SECTION (proposed)
NAME Alexander H. Butterman
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME DUNLAP BENNETT LUDWIG PLLC
STREET 211 CHURCH ST., SE
CITY LEESBURG
STATE Virginia
POSTAL CODE 20175
COUNTRY United States
PHONE 855-705-6414
FAX 855-226-8791
EMAIL trademarks@dbllawyers.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 52837
OTHER APPOINTED ATTORNEY Thomas Dunlap, David Ludwig, Linda Graham, Tamara Dunlap, Mary Witzel, Ashley Barendse, Hyung Gyu Sun, Daniel Davis, Geoffrey Dureska, Rolando Diaz, Tracy Pearson, Nicholas Kurtz, and all other attorneys of DUNLAP BENNETT LUDWIG PLLC
CORRESPONDENCE SECTION (current)
NAME ALEXANDER H. BUTTERMAN
FIRM NAME DUNLAP BENNETT LUDWIG PLLC
STREET 211 CHURCH ST., SE
CITY LEESBURG
STATE Virginia
POSTAL CODE 20175
COUNTRY US
PHONE 855-705-6414
FAX 855-226-8791
EMAIL trademarks@dbllawyers.com; abutterman@dbllawyers.com; amiller@dbllawyers.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 52837
CORRESPONDENCE SECTION (proposed)
NAME Alexander H. Butterman
FIRM NAME DUNLAP BENNETT LUDWIG PLLC
STREET 211 CHURCH ST., SE
CITY LEESBURG
STATE Virginia
POSTAL CODE 20175
COUNTRY United States
PHONE 855-705-6414
FAX 855-226-8791
EMAIL trademarks@dbllawyers.com; abutterman@dbllawyers.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 52837
SIGNATURE SECTION
RESPONSE SIGNATURE /Alex Butterman/
SIGNATORY'S NAME Alexander Butterman
SIGNATORY'S POSITION Attorney of record, DC and Virginia Bars
SIGNATORY'S PHONE NUMBER 855-705-6414
DATE SIGNED 12/03/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 03 23:19:42 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XX-2
0191203231942934498-88506
209-700567e62d39c901d6bb5
57c7b2705fea8a9696126dcfe
7725466fc330f56372e-N/A-N
/A-20191203230656777971



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. 88506209 HELLER(Standard Characters, see http://uspto.report/TM/88506209/mark.png) has been amended as follows:

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

RESPONSE TO 1st OFFICIAL ACTION 

Commissioner for Trademarks
P.O. Box 1451
Alexandria, Virginia  22313-1451
BOX:  RESPONSES - NO FEE

Dear Commissioner:

          In response to the first Official Action mailed September 27, 2019 for which a response is due on or before March 27, 2019, please consider the following remarks and amendments.

REMARKS

I.          INFORMALITIES

          Applicant hereby responds to the requirement set forth in the outstanding office action which consists of amending the identification of goods in Class 11. In accordance with this requirement, applicant has prepared the following amendments , the entry of which is now requested. 

            Applicant is amending Class 11 consistent with the examiner's recommendations with minor exceptions for greater accuracy.       

II.         CONCLUSION

         In view of the foregoing, it is believed that applicant has made a good-faith effort to adequately address and satisfy all of the outstanding requirements set forth by the examining attorney, all matters have been resolved and this application is now in condition for allowance and to pass to publication for opposition. The applicant notes with appreciation that the examining attorney's search of the Office records failed to produce any similar registered or pending mark which could bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d).  In the event there are any formal matters to be resolved, it is requested that the examining attorney contact the undersigned attorney to expedite prosecution and completion.



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Curing ovens for industrial use; thermal spot curing systems; autoclaves
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/30/1960 and first used in commerce at least as early as 11/30/1960 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Curing ovens for industrial use; thermal spot curing systems; electric autoclaves for semiconductor manufacturing; autoclavesClass 011 for Curing ovens for industrial use; electric autoclaves for semiconductor manufacturing
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/30/1960 and first used in commerce at least as early as 11/30/1960 , and is now in use in such commerce.
The applicant's current attorney information: Alexander H. Butterman. Alexander H. Butterman of DUNLAP BENNETT LUDWIG PLLC, is located at

      211 CHURCH ST., SE
      LEESBURG, Virginia 20175
      US
The docket/reference number is 52837.

The phone number is 855-705-6414.

The fax number is 855-226-8791.

The email address is trademarks@dbllawyers.com

The applicants proposed attorney information: Alexander H. Butterman. Other appointed attorneys are Thomas Dunlap, David Ludwig, Linda Graham, Tamara Dunlap, Mary Witzel, Ashley Barendse, Hyung Gyu Sun, Daniel Davis, Geoffrey Dureska, Rolando Diaz, Tracy Pearson, Nicholas Kurtz, and all other attorneys of DUNLAP BENNETT LUDWIG PLLC. Alexander H. Butterman of DUNLAP BENNETT LUDWIG PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      211 CHURCH ST., SE
      LEESBURG, Virginia 20175
      United States
The docket/reference number is 52837.

The phone number is 855-705-6414.

The fax number is 855-226-8791.

The email address is trademarks@dbllawyers.com

Alexander H. Butterman 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: ALEXANDER H. BUTTERMAN. ALEXANDER H. BUTTERMAN of DUNLAP BENNETT LUDWIG PLLC, is located at

      211 CHURCH ST., SE
      LEESBURG, Virginia 20175
      US
The docket/reference number is 52837.

The phone number is 855-705-6414.

The fax number is 855-226-8791.

The email address is trademarks@dbllawyers.com; abutterman@dbllawyers.com; amiller@dbllawyers.com

The applicants proposed correspondence information: Alexander H. Butterman. Alexander H. Butterman of DUNLAP BENNETT LUDWIG PLLC, is located at

      211 CHURCH ST., SE
      LEESBURG, Virginia 20175
      United States
The docket/reference number is 52837.

The phone number is 855-705-6414.

The fax number is 855-226-8791.

The email address is trademarks@dbllawyers.com; abutterman@dbllawyers.com

SIGNATURE(S)
Response Signature
Signature: /Alex Butterman/     Date: 12/03/2019
Signatory's Name: Alexander Butterman
Signatory's Position: Attorney of record, DC and Virginia Bars

Signatory's Phone Number: 855-705-6414

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:    ALEXANDER H. BUTTERMAN
   DUNLAP BENNETT LUDWIG PLLC
   
   211 CHURCH ST., SE
   LEESBURG, Virginia 20175
Mailing Address:    Alexander H. Butterman
   DUNLAP BENNETT LUDWIG PLLC
   211 CHURCH ST., SE
   LEESBURG, Virginia 20175
        
Serial Number: 88506209
Internet Transmission Date: Tue Dec 03 23:19:42 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019120323194293
4498-88506209-700567e62d39c901d6bb557c7b
2705fea8a9696126dcfe7725466fc330f56372e-
N/A-N/A-20191203230656777971



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