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. 88533696 COBRA(Standard Characters, see http://uspto.report/TM/88533696/mark.png) has been amended as follows:

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

Applicant has amended the ID to read: "Electric current switches; Electrical switches; all of the foregoing used for position indication of industrial quarter-turn ball, butterfly, plug, or damper valves and such valve systems." This amended description makes plain that Applicant's products are not simple, end-consumer electrical switches of the kind shown in the evidence proffered to show relatedness included with the office action. Applicant's products are industrial equipment specific to applications used and operated by highly sophisticated purchasers. They are not at all the type of mere power switches shown in the Office Action exhibits that could be accurately described as light switches. Given that likelihood of confusion is legally a conclusion based on underlying facts, and the facts presented in the Office Action are inapplicable to Applicant's goods as amended, Applicant respectfully requests that the Examiner withdraw the refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electric current switches; Electrical switches
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 03/00/2007 and first used in commerce at least as early as 03/00/2007 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Electric current switches; Electrical switches; all of the foregoing used for position indication of industrial quarter-turn ball, butterfly, plug, or damper valves and such valve systemsClass 009 for Electric current switches; Electrical switches; all of the foregoing used for position indication of industrial quarter-turn ball, butterfly, plug, or damper valves and such valve systems
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 03/00/2007 and first used in commerce at least as early as 03/00/2007 , and is now in use in such commerce.
The applicant's current attorney information: Alexander JSW Johnson, IA Bar No. 34184. Alexander JSW Johnson, IA Bar No. 34184 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      US
The docket/reference number is L532585503.

The phone number is 818-638-1225.

The email address is tm@lzlegalservices.com

The applicants proposed attorney information: Alexander JSW Johnson, IA Bar No. 34184. Other appointed attorneys are All other LegalZoom Legal Services, Ltd. attorneys. Alexander JSW Johnson, IA Bar No. 34184 of LEGALZOOM LEGAL SERVICES, LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      101 N. Brand Blvd., 11th Floor
      Glendale, California 91203
      United States
The docket/reference number is L532585503.

The phone number is 818-638-1225.

The email address is tm@lzlegalservices.com

Alexander JSW Johnson, IA Bar No. 34184 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 JSW JOHNSON, IA BAR NO. 34184. ALEXANDER JSW JOHNSON, IA BAR NO. 34184 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. BRAND BLVD., 11TH FLOOR
      GLENDALE, California 91203
      US
The docket/reference number is L532585503.

The phone number is 818-638-1225.

The email address is tm@lzlegalservices.com

The applicants proposed correspondence information: Alexander JSW Johnson, IA Bar No. 34184. Alexander JSW Johnson, IA Bar No. 34184 of LEGALZOOM LEGAL SERVICES, LTD., is located at

      101 N. Brand Blvd., 11th Floor
      Glendale, California 91203
      United States
The docket/reference number is L532585503.

The phone number is 818-638-1225.

The email address is tm@lzlegalservices.com

SIGNATURE(S)
Response Signature
Signature: /Alexander JSW Johnson/     Date: 11/05/2019
Signatory's Name: Alexander JSW Johnson
Signatory's Position: Attorney - IA Bar No. 34184

Signatory's Phone Number: 8186381225

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 JSW JOHNSON, IA BAR NO. 34184
   LEGALZOOM LEGAL SERVICES, LTD.
   
   101 N. BRAND BLVD., 11TH FLOOR
   GLENDALE, California 91203
Mailing Address:    Alexander JSW Johnson, IA Bar No. 34184
   LEGALZOOM LEGAL SERVICES, LTD.
   101 N. Brand Blvd., 11th Floor
   Glendale, California 91203
        
Serial Number: 88533696
Internet Transmission Date: Tue Nov 05 19:43:35 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20191105194335818
947-88533696-700c7ecd1bf67bfa77925dea2f8
2d5749afa695571b2df3570cd346a5a11f5a1-N/
A-N/A-20191105193607163103