Response to Office Action

HEXARMOR

Performance Fabrics, 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 88536977
LAW OFFICE ASSIGNED LAW OFFICE 116
MARK SECTION
MARK http://uspto.report/TM/88536977/mark.png
LITERAL ELEMENT HEXARMOR
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.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins, safety signals in the form of luminous or mechanical signaling systems, mechanical safety signs, restraining belts in particular integrated into safety clothing for workers, safety belts in particular integrated into safety clothing for workers, seat belts in particular integrated into safety clothing for workers, safety vests, safety jackets, stay ropes, safety belt straps, safety belt straps with integrated shock absorbers, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety ropes, fall arresters for safety equipment
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2018
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins, safety signals in the form of luminous or mechanical signaling systems, mechanical safety signs, restraining belts in particular integrated into safety clothing for workers, safety belts in particular integrated into safety clothing for workers, seat belts in particular integrated into safety clothing for workers, safety vests, safety jackets, stay ropes, safety belt straps, safety belt straps with integrated shock absorbers, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety ropes, fall arresters for safety equipment; Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins; safety signals in the form of luminous or mechanical signaling systems, namely, luminous and mechanical road signs; mechanical safety signs; support belts for workers, namely, restraining belts integrated into safety clothing for workers; support belts for workers, namely, safety belts integrated into safety clothing for workers; support belts for workers, namely, seat belts integrated into safety clothing for workers; reflective safety vests; safety life jackets; stay ropes, namely, fall restraint and fall arrest lines; fall protection equipment for fall restraint and fall arrest, namely, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety lines, fall arresters for safety equipment
FINAL DESCRIPTION
Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins; safety signals in the form of luminous or mechanical signaling systems, namely, luminous and mechanical road signs; mechanical safety signs; support belts for workers, namely, restraining belts integrated into safety clothing for workers; support belts for workers, namely, safety belts integrated into safety clothing for workers; support belts for workers, namely, seat belts integrated into safety clothing for workers; reflective safety vests; safety life jackets; stay ropes, namely, fall restraint and fall arrest lines; fall protection equipment for fall restraint and fall arrest, namely, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety lines, fall arresters for safety equipment
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2018
GOODS AND/OR SERVICES SECTION (010)(current)
INTERNATIONAL CLASS 010
DESCRIPTION
Ear plugs for noise reduction, not for athletic performance; hearing protectors; hearing protection headsets for noise reduction; noise protecting ear caps
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/01/2018
        FIRST USE IN COMMERCE DATE At least as early as 11/01/2018
GOODS AND/OR SERVICES SECTION (010)(proposed)
INTERNATIONAL CLASS 010
TRACKED TEXT DESCRIPTION
Ear plugs for noise reduction, not for athletic performance; hearing protectors; hearing protectors without the ability to reproduce or transmit sound; hearing protection headsets for noise reduction; hearing protectors without the ability to reproduce or transmit sound for noise reduction; noise protecting ear caps; noise protecting ear caps, namely, ear plugs for noise reduction
FINAL DESCRIPTION
Ear plugs for noise reduction, not for athletic performance; hearing protectors without the ability to reproduce or transmit sound; hearing protectors without the ability to reproduce or transmit sound for noise reduction; noise protecting ear caps, namely, ear plugs for noise reduction
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/01/2018
       FIRST USE IN COMMERCE DATE At least as early as 11/01/2018
ATTORNEY SECTION (current)
NAME Amy B Thomas-Mellema
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME THOMAS-MELLEMA LAW, PC
STREET 2531 RIDGECROFT AVE SE
CITY GRAND RAPIDS
STATE Michigan
POSTAL CODE 49546
COUNTRY US
PHONE 616-915-1063
EMAIL amy@thomasmellemalaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Amy B Thomas-Mellema
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME THOMAS-MELLEMA LAW, PC
STREET 2531 RIDGECROFT AVE SE
CITY GRAND RAPIDS
STATE Michigan
POSTAL CODE 49546
COUNTRY United States
PHONE 616-915-1063
EMAIL amy@thomasmellemalaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME AMY B THOMAS-MELLEMA
FIRM NAME THOMAS-MELLEMA LAW, PC
STREET 2531 RIDGECROFT AVE SE
CITY GRAND RAPIDS
STATE Michigan
POSTAL CODE 49546
COUNTRY US
PHONE 616-915-1063
EMAIL amy@thomasmellemalaw.com; Todd.Mellema@hexarmor.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Amy B Thomas-Mellema
FIRM NAME THOMAS-MELLEMA LAW, PC
STREET 2531 RIDGECROFT AVE SE
CITY GRAND RAPIDS
STATE Michigan
POSTAL CODE 49546
COUNTRY United States
PHONE 616-915-1063
EMAIL amy@thomasmellemalaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Amy B Thomas-Mellema/
SIGNATORY'S NAME Amy B Thomas-Mellema
SIGNATORY'S POSITION Attorney or record, Michigan bar member
SIGNATORY'S PHONE NUMBER 616 915 1063
DATE SIGNED 11/14/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Nov 14 13:35:06 EST 2019
TEAS STAMP USPTO/ROA-XXX.X.XX.XXX-20
191114133506263558-885369
77-7007ce513a03b9815c3284
2b6f99124ec11524bbf5624b5
c22e73ae479690cb3d-N/A-N/
A-20191114132603623990



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. 88536977 HEXARMOR(Standard Characters, see http://uspto.report/TM/88536977/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 009 for Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins, safety signals in the form of luminous or mechanical signaling systems, mechanical safety signs, restraining belts in particular integrated into safety clothing for workers, safety belts in particular integrated into safety clothing for workers, seat belts in particular integrated into safety clothing for workers, safety vests, safety jackets, stay ropes, safety belt straps, safety belt straps with integrated shock absorbers, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety ropes, fall arresters for safety equipment
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 11/01/2018 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins, safety signals in the form of luminous or mechanical signaling systems, mechanical safety signs, restraining belts in particular integrated into safety clothing for workers, safety belts in particular integrated into safety clothing for workers, seat belts in particular integrated into safety clothing for workers, safety vests, safety jackets, stay ropes, safety belt straps, safety belt straps with integrated shock absorbers, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety ropes, fall arresters for safety equipment; Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins; safety signals in the form of luminous or mechanical signaling systems, namely, luminous and mechanical road signs; mechanical safety signs; support belts for workers, namely, restraining belts integrated into safety clothing for workers; support belts for workers, namely, safety belts integrated into safety clothing for workers; support belts for workers, namely, seat belts integrated into safety clothing for workers; reflective safety vests; safety life jackets; stay ropes, namely, fall restraint and fall arrest lines; fall protection equipment for fall restraint and fall arrest, namely, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety lines, fall arresters for safety equipmentClass 009 for Fall-prevention apparatus for workers not for athletic performance, namely, safety nets, safety tarpaulins; safety signals in the form of luminous or mechanical signaling systems, namely, luminous and mechanical road signs; mechanical safety signs; support belts for workers, namely, restraining belts integrated into safety clothing for workers; support belts for workers, namely, safety belts integrated into safety clothing for workers; support belts for workers, namely, seat belts integrated into safety clothing for workers; reflective safety vests; safety life jackets; stay ropes, namely, fall restraint and fall arrest lines; fall protection equipment for fall restraint and fall arrest, namely, energy absorbers for fall-prevention apparatus, fall limiters, lanyard lifelines, safety lines, fall arresters for safety equipment
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 11/01/2018 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 010 for Ear plugs for noise reduction, not for athletic performance; hearing protectors; hearing protection headsets for noise reduction; noise protecting ear caps
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 11/01/2018 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Ear plugs for noise reduction, not for athletic performance; hearing protectors; hearing protectors without the ability to reproduce or transmit sound; hearing protection headsets for noise reduction; hearing protectors without the ability to reproduce or transmit sound for noise reduction; noise protecting ear caps; noise protecting ear caps, namely, ear plugs for noise reductionClass 010 for Ear plugs for noise reduction, not for athletic performance; hearing protectors without the ability to reproduce or transmit sound; hearing protectors without the ability to reproduce or transmit sound for noise reduction; noise protecting ear caps, namely, ear plugs for noise reduction
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 11/01/2018 and first used in commerce at least as early as 11/01/2018 , and is now in use in such commerce.
The applicant's current attorney information: Amy B Thomas-Mellema. Amy B Thomas-Mellema of THOMAS-MELLEMA LAW, PC, is located at

      2531 RIDGECROFT AVE SE
      GRAND RAPIDS, Michigan 49546
      US

The phone number is 616-915-1063.

The email address is amy@thomasmellemalaw.com

The applicants proposed attorney information: Amy B Thomas-Mellema. Amy B Thomas-Mellema of THOMAS-MELLEMA LAW, PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2531 RIDGECROFT AVE SE
      GRAND RAPIDS, Michigan 49546
      United States

The phone number is 616-915-1063.

The email address is amy@thomasmellemalaw.com

Amy B Thomas-Mellema 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: AMY B THOMAS-MELLEMA. AMY B THOMAS-MELLEMA of THOMAS-MELLEMA LAW, PC, is located at

      2531 RIDGECROFT AVE SE
      GRAND RAPIDS, Michigan 49546
      US

The phone number is 616-915-1063.

The email address is amy@thomasmellemalaw.com; Todd.Mellema@hexarmor.com

The applicants proposed correspondence information: Amy B Thomas-Mellema. Amy B Thomas-Mellema of THOMAS-MELLEMA LAW, PC, is located at

      2531 RIDGECROFT AVE SE
      GRAND RAPIDS, Michigan 49546
      United States

The phone number is 616-915-1063.

The email address is amy@thomasmellemalaw.com

SIGNATURE(S)
Response Signature
Signature: /Amy B Thomas-Mellema/     Date: 11/14/2019
Signatory's Name: Amy B Thomas-Mellema
Signatory's Position: Attorney or record, Michigan bar member

Signatory's Phone Number: 616 915 1063

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:    AMY B THOMAS-MELLEMA
   THOMAS-MELLEMA LAW, PC
   
   2531 RIDGECROFT AVE SE
   GRAND RAPIDS, Michigan 49546
Mailing Address:    Amy B Thomas-Mellema
   THOMAS-MELLEMA LAW, PC
   2531 RIDGECROFT AVE SE
   GRAND RAPIDS, Michigan 49546
        
Serial Number: 88536977
Internet Transmission Date: Thu Nov 14 13:35:06 EST 2019
TEAS Stamp: USPTO/ROA-XXX.X.XX.XXX-20191114133506263
558-88536977-7007ce513a03b9815c32842b6f9
9124ec11524bbf5624b5c22e73ae479690cb3d-N
/A-N/A-20191114132603623990



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