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. 88573558 WSI (Stylized and/or with Design, see http://uspto.report/TM/88573558/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 003 for Detergents, bleaching agents, and fabric treatment compositions for use in the commercial and industrial laundry market
Original Filing Basis:
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed:
Tracked Text Description: Detergents, bleaching agents, and fabric treatment compositions for use in the commercial and industrial laundry market; Laundry detergents, bleaching agents for laundry use; fabric treatment compositions in the nature of fabric softeners for use in the commercial and industrial laundry marketClass 003 for Laundry detergents, bleaching agents for laundry use; fabric treatment compositions in the nature of fabric softeners for use in the commercial and industrial laundry market
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/00/2017 and first used in commerce at least as early as 03/00/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 003 . The specimen(s) submitted consists of Photographs of shipping drum containers, in which the goods are shipped or transported to customers, bearing a label displaying the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Providing commercial laundry and specialty cleaning services to third party businesses, industrial laundry facilities, and other large scale institutions
Original Filing Basis:
The applicant, 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, but has not provided the dates of use by the applicant, or the applicant's related company, licensee, or predecessor in interest, of the mark on or in connection with the identified goods and/or services.

Proposed:
Tracked Text Description: Providing commercial laundry and specialty cleaning services to third party businesses, industrial laundry facilities, and other large scale institutions; Providing commercial laundry and specialty cleaning services in the nature of fabric and textile cleaning for third party businesses, industrial laundry facilities, and other large scale institutionsClass 037 for Providing commercial laundry and specialty cleaning services in the nature of fabric and textile cleaning for third party businesses, industrial laundry facilities, and other large scale institutions
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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. The mark was first used at least as early as 03/00/2017 and first used in commerce at least as early as 03/00/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 001 for Detergents for industrial use; fabric treatment compositions in the nature of enzyme preparations for use on fabrics in the commercial and industrial laundry market
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
This responds to the Examiner's request for additional information about the goods in Class 3 of the subject application. First, it should be noted that Applicant amended the description of goods in Class 3 consistent with the Examiner's suggestions, and in this Response Applicant has added Class 1 to the application, consistent with the Examiner's suggestion. Substitute specimens for both Class 1 and 3 are submitted with this Response showing the mark in use on shipping drum containers used to ship or transport the goods in commerce. The subject mark is legibly displayed on a label affixed to the exterior surface of the drum. The substitute specimens are photographs taken in Applicant's warehouse of the goods in drums ready for shipment to customers. Please contact the undersigned attorney if any additional information is needed to address the Examiner's information request.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Response Signature
Signature: /Kathryn E. Smith/     Date: 02/05/2020
Signatory's Name: Kathryn E. Smith
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 513-241-2324

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.

        
RAM Sale Number: 88573558
RAM Accounting Date: 02/05/2020
        
Serial Number: 88573558
Internet Transmission Date: Wed Feb 05 17:20:54 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202002051720545
75252-88573558-70077698d2a01f914545db56a
f6f5bb98c7b9dc04e8015f7672dabbcdd4548fee
-CC-20539117-20200205160623741240