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. 88570321 LIFT WASTE & RECYCLING(Standard Characters, see http://uspto.report/TM/88570321/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:
Current: Class 007Waste and recycling equipment
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: Waste and recycling equipment; Waste and recycling processing equipment, namely, mechanical balers, conveyors, shredders and compactors
Applicant proposes to amend the following:
Current: Class 037Repair and maintenance services for waste and recycling equipment
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: Repair and maintenance services for waste and recycling equipment; Repair and maintenance services for waste and recycling processing equipment, namely, mechanical balers, conveyors, shredders and compactors
Applicant proposes to amend the following:
Current: Class 039Waste and recycling hauling services
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: Waste and recycling hauling services; Hauling of waste and recyclable materials
Applicant proposes to amend the following:
Current: Class 040Waste and recycling processing services; Leasing of waste and recycling equipment
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: Waste and recycling processing services; Leasing of waste and recycling equipment; Leasing of waste and recycling processing equipment, namely, mechanical balers, conveyors, shredders and compactors
Owner AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Catawba Baler & Equipment, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      PO Box 20146
      Greensboro, North Carolina 27408
      United States
       Email Address: mmcdonald@cbebaler.com
      336-285-8592
      336-285-8595
Proposed: Catawba Baler & Equipment, LLC, a limited liability company legally organized under the laws of North Carolina, having an address of
      3216 Rehobeth Church Road
      Greensboro, North Carolina 27406
      United States
       Email Address: mmcdonald@cbebaler.com
      336-285-8592
      336-285-8595
Correspondence Information (current):
      JEFFREY M. REICHARD
      PRIMARY EMAIL FOR CORRESPONDENCE: jreichard@nexsenpruet.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): USTrademark@nexsenpruet.com

The docket/reference number is 062343-00001.
Correspondence Information (proposed):
      Jeffrey M. Reichard
      PRIMARY EMAIL FOR CORRESPONDENCE: jreichard@nexsenpruet.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): USTrademark@nexsenpruet.com

The docket/reference number is 062343-00001.

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).

SIGNATURE(S)
Response Signature
Signature: /Jeffrey M. Reichard/     Date: 02/19/2020
Signatory's Name: Jeffrey M. Reichard
Signatory's Position: Attorney of record, North Carolina Bar member

Signatory's Phone Number: 336-387-5139

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 M. REICHARD
   NEXSEN PRUET, PLLC
   
   701 GREEN VALLEY ROAD, SUITE 100
   GREENSBORO, North Carolina 27408
Mailing Address:    Jeffrey M. Reichard
   NEXSEN PRUET, PLLC
   701 GREEN VALLEY ROAD, SUITE 100
   GREENSBORO, North Carolina 27408
        
Serial Number: 88570321
Internet Transmission Date: Wed Feb 19 11:37:17 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020021911371794
9029-88570321-7107e18d4f43f1175982abdd64
f4dd7435ec2cce56a30b77db033fc48734bdd31d
2-N/A-N/A-20200219112311218799