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. 88647949 THERMO KING TK (Stylized and/or with Design, see http://uspto.report/TM/88647949/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 011 for Self-contained temperature control units adapted for connection to industrial enclosures such as transport trailers
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 03/01/2013 and first used in commerce at least as early as 03/01/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Self-contained temperature control units adapted for connection to industrial enclosures such as transport trailers; Self-contained temperature control units specially adapted for use with industrial enclosures on transport trailers for the refrigerated or heated storage and delivery of cargoClass 011 for Self-contained temperature control units specially adapted for use with industrial enclosures on transport trailers for the refrigerated or heated storage and delivery of cargo
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 03/01/2013 and first used in commerce at least as early as 03/01/2013 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of 1) the U-design identified in solid lines on the drawing of the three dimensional THERMO KING unit, which originates from the side vents of the THERMO KING unit and traverses across the unit doors and 2) the placement of the THERMO KING TK mark and logo on the front center of the three dimensional THERMO KING unit. The dotted lines outlined in the drawing are not claimed as features of the mark for the purposes of this application.

SIGNATURE(S)
Response Signature
Signature: /John T.D. Bathke/     Date: 12/19/2019
Signatory's Name: John T.D. Bathke
Signatory's Position: Attorney of record, Illinois Bar member

Signatory's Phone Number: 847-808-5500

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.

        
Serial Number: 88647949
Internet Transmission Date: Thu Dec 19 12:28:15 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201912191228151
13227-88647949-70082287b6e66469492131501
c2047b478b1781baabf7b9ceb1daf7c707ab0cbb
c-N/A-N/A-20191219122330887899