TEAS Request Reconsideration after FOA

PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1960

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88683686 CAT (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8868368 6/large) has been amended as follows:

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

As required, Applicant has amended the identification of goods for clarification. Regarding the Examiner's requirement to use "the common commercial name and without the use of a slash, which is impermissibly vague" for the goods "fuel/air ratio controls for engines", Applicant asserts that "fuel/air ratio controls for engines" is the common commercial name for such goods, and that the punctuation symbol "/" does not represent "and/or" in this context; rather, it refers to a single item which controls the "fuel to air" ratio. Applicant notes the acceptance of this exact term in other applications and registrations including its own Reg. No. 4045652, as well as a listing for the similar item "air/fuel ratio gauges" in the USPTO ID Manual. Accordingly, Applicant respectfully requests acceptance of the common commercial term "fuel/air ratio controls for engines" without amendment.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Apparel, footwear and headwear, namely, work, sport, dress, casual, children, and infant clothing in the nature of shirts, sweaters, pullovers, jackets, pants, shorts, parkas, vests, and rainwear; headwear; caps being headwear; hats; visors being headwear; knit hats; sun hats; uniforms; one piece jumpsuits; shirts; t-shirts; golf shirts; dress shirts; sport shirts; polo shirts; collared shirts; night shirts; sweatshirts; wind shirts; jumpers; fleece pullovers; pants; dress pants; sport pants; casual pants; jeans; lounge pants; sleep pants; sweatpants; wind pants; fleece jackets; bathing suits; underwear; gloves; ski gloves; mittens; socks; sock liners; footwear, namely, shoes, casual shoes; sandals, boots, work boots, sport shoes, hiking shoes, hiking boots; insoles for shoes and boots; belts; leather belts; fabric belts; ties; scarves; bandanas; wrist bands as clothing; bibs not of paper

Applicant proposes to amend the following:

Current:
Class 001 for Chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding; anti-freeze; coolants; chemical preparations in the nature of conditioners for enhancing the performance of engine cooling systems; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins and diesel exhaust fluid
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: Chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding; cement for repairs, namely, adhesive cement for bonding industrial materials; anti-freeze; coolants; chemical preparations in the nature of conditioners for enhancing the performance of engine cooling systems; chemical preparations in the nature of cooling system conditioners for enhancing the performance of engines; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins and diesel exhaust fluidClass 001 for Chemicals for use in industry, agriculture, horticulture, and forestry except fungicides, herbicides, insecticides and parasiticides; adhesives used in industry; cement for repairs, namely, adhesive cement for bonding industrial materials; anti-freeze; coolants; chemical preparations in the nature of cooling system conditioners for enhancing the performance of engines; chemical preparations in the nature of cleaners for enhancing the performance of engine cooling systems; chemical preparations for locking screw threads; battery fluid, namely, acidulated water for recharging batteries; chemical preparations in the nature of filtering materials for industrial use; hydraulic fluids; fuel additives, namely, chemical additives for fuel treatment; compositions for repairing vehicle tires, namely, rubber cement for repairing pneumatic tires; artificial and synthetic resins and diesel exhaust fluid
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 002 for Paints, varnishes, lacquers; preservatives against rust in the nature of a coating and against deterioration of wood; colorants; mordants used in the manufacturing of coatings; raw natural resins; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatings
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: Paints, varnishes, lacquers; preservatives against rust in the nature of a coating and against deterioration of wood; colorants; raw natural resins; mordants used in the manufacturing of coatings; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatingsClass 002 for Paints, varnishes, lacquers; colorants; raw natural resins; primers, and paint thinners; metal preservatives in the nature of a coating; coatings in the form of paints for use in the manufacture of vehicles and on parts of vehicles; fireproof cement coatings
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 004 for Industrial oils and greases; lubricants; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushings
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: Industrial oils and greases; lubricants; lubricants for industrial machinery and engines; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushingsClass 004 for Industrial oils and greases; lubricants for industrial machinery and engines; diesel oil; anti-seizure lubricating compounds for use on engines; lubricant designed for use in ball and roller bearings and bushings
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 006 for Common metals and their alloys; metal building materials; ores; non-electric cables and wires of common metal; small items of metal hardware; metal containers for storage or transport; non-electric cables and wires of common metals; pipes and tubes of metal; metal plugs; metal sealing rings; metal seals; metal tie downs; metal bungs; metal caps for tubing ends; metal closures for containers; metal pipe collars; metal clamps; metal couplings for use with hoses; metal storage tanks; metal drain plugs; metal drawbar pins; metal locking pins; metal snap rings; metallic drain traps and drain caps; metal pipe extensions; metal debris deflectors; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal chains; metal number plates; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles and machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal hose clamps, and metal hose fittings; metal tool boxes; metal camshafts; metal studs; metal rod ends; metal rods; metal rivets; metal pins; metal brackets; metal clamps; metal bolts; metal nuts; metal hardware, namely, washers; metal screws; metal fasteners; metal rings; metal belts; metal hardware, namely, pulleys; metal hardware, namely, springs; metal keys; metal Woodruff keys; metal clips; common metal powders used in manufacturing; metals in foil or powder form for 3D printers
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: Common metals and their alloys; Non-electric cables and wires of common metal; metal building materials; small items of metal hardware, namely, metal straps for handling loads, metal pipe nipples, binding strips of metal used on packaging, metal hooks, metal nails, metal pegs, metal cotter pins, metal clevis pins, metal eye bolts, metal screw thread inserts, metal knobs; ores; containers of metal for storage or transport of goods; non-electric cables and wires of common metals; small items of metal hardware; pipes and tubes of metal; metal containers for storage or transport; metal plugs; metal sealing rings, namely, piston rings; metal seals for use in machines, machine parts, and machine tools; metal tie downs; metal sealing rings; metal bungs; metal seals; metal caps for tubing ends; metal closures for containers; metal pipe collars; metal clamps; metal couplings for use with hoses; metal storage tanks; metal drain plugs; metal drawbar pins; metal locking pins; metal snap rings; metallic drain traps and drain caps; metal pipe extensions; deflectors made of metal to protect machines against debris; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal debris deflectors; metal chains; metal number plates; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles and machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal hose clamps, and metal hose fittings; metal tool boxes; engine camshafts of metal; wire rope fittings of metal, namely, threaded studs; metal rod ends for connecting machines and machine parts; metal camshafts; metal rods for industrial machinery; metal studs; metal rivets; metal rod ends; hardware, namely, metal brackets for general use; metal rods; metal clamps; metal bolts; metal pins; metal nuts; metal brackets; metal hardware, namely, washers; metal screws; metal threaded fasteners; belts of metal for handling loads; metal hardware, namely, pulleys; metal hardware, namely, springs; metal fasteners; metal keys for locks; metal rings; metal woodruff keys for locking gears and pulleys to shafts; metal belts; metal clips for fastening industrial machine parts; common metal powders used in manufacturing; metals in foil or powder form for 3D printers; metal keys; metal Woodruff keys; metal clipsClass 006 for Non-electric cables and wires of common metal; small items of metal hardware, namely, metal straps for handling loads, metal pipe nipples, binding strips of metal used on packaging, metal hooks, metal nails, metal pegs, metal cotter pins, metal clevis pins, metal eye bolts, metal screw thread inserts, metal knobs; containers of metal for storage or transport of goods; non-electric cables and wires of common metals; pipes and tubes of metal; metal plugs; metal sealing rings, namely, piston rings; metal seals for use in machines, machine parts, and machine tools; metal tie downs; metal bungs; metal caps for tubing ends; metal closures for containers; metal pipe collars; metal clamps; metal couplings for use with hoses; metal storage tanks; metal drain plugs; metal drawbar pins; metal locking pins; metal snap rings; metallic drain traps and drain caps; metal pipe extensions; deflectors made of metal to protect machines against debris; clad steel plates; metal track hardware, namely, track links, track shoes and track pins; metal chains; metal number plates; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts for land vehicles and machinery, namely, metal gaskets for machinery and land vehicles, metal pipe connectors, metal pipe fittings, metal cylinders for compressed gas or liquids sold empty, metal hose clamps, and metal hose fittings; metal tool boxes; engine camshafts of metal; wire rope fittings of metal, namely, threaded studs; metal rod ends for connecting machines and machine parts; metal rods for industrial machinery; metal rivets; hardware, namely, metal brackets for general use; metal clamps; metal bolts; metal nuts; metal hardware, namely, washers; metal screws; metal threaded fasteners; belts of metal for handling loads; metal hardware, namely, pulleys; metal hardware, namely, springs; metal keys for locks; metal woodruff keys for locking gears and pulleys to shafts; metal clips for fastening industrial machine parts; common metal powders used in manufacturing; metals in foil or powder form for 3D printers
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 009 for Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detecting, testing, inspecting apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; computers and computer peripheral devices; fire-extinguishing apparatus; computer software; electric wire, harnessing, gauges and switches; electronic displays; electronic connectors, terminals, and controls; circuit breakers; fuses; leveling rods; reflective mirrors to prevent accidents; power inverters; batteries; electrical parts and fittings for land vehicles, machinery, and equipment, namely, amplifiers for wireless communications, antennas, and batteries; electric relays; control mechanisms for machines, engines, or motors; fuel/air ratio controls for engines; speed governors for machines, engines, and motors; radios; antennas; electric cables; converters; speakers; glasses; eyeglasses; sunglasses; mobile phone and tablets; Solar panels for the production of electricity; drones
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: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signaling, detecting, testing, inspecting apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, namely, conductors, switches, transformers, accumulators, regulators and controllers; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; apparatus and instruments for recording, transmitting, reproducing or processing sound or images, and electronic data processing apparatus; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; computers and computer peripheral devices; fire-extinguishing apparatus; downloadable computer software for testing, monitoring, and operating vehicles, engines, equipment, machines, machine tools, and parts therefor, for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lawn care, lifting, marine propulsion, material handling, mining, oil and gas production, paving, pipelaying, power generation, and road building and repair; computer software; computer software for statistical analysis, data analysis, predictive analysis, and job site office management and planning; electric wire, harnessing, gauges and switches; computer software for selecting delivery location and tracking delivery status of packages, freight, and job site materials; electronic displays; electric wire harnesses for machines and land vehicles, gauges for measuring quantity, volume, temperature, pressure, and weight; electronic connectors, terminals, and controls; electric switches; electronic displays, namely, electric luminescent display panels; electron connectors, electrical terminals, and electrical controllers; circuit breakers; fuses; leveling rods; reflective mirrors to prevent accidents; power inverters; batteries; control mechanisms for machines, engines, or motors; electrical parts and fittings for land vehicles, machinery, and equipment, namely, amplifiers for wireless communications, antennas, and batteries; electric relays; control mechanisms, namely, electronic controls for machines, engines, or motors and controllers for machines, engines, or motors; fuel/air ratio controls for engines; speed governors for machines, engines, and motors; radios; converters; antennas; electric cables; glasses; electrical current converters; speakers; eyeglasses; mobile phone and tablets; sunglasses; Solar panels for the production of electricity; dronesClass 009 for Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, namely, conductors, switches, transformers, accumulators, regulators and controllers; apparatus and instruments for recording, transmitting, reproducing or processing sound or images, and electronic data processing apparatus; computers and computer peripheral devices; fire-extinguishing apparatus; downloadable computer software for testing, monitoring, and operating vehicles, engines, equipment, machines, machine tools, and parts therefor, for use in agriculture, compaction, construction, demolition, earth conditioning, earth contouring, earth moving, forestry, landscaping, lawn care, lifting, marine propulsion, material handling, mining, oil and gas production, paving, pipelaying, power generation, and road building and repair; computer software for statistical analysis, data analysis, predictive analysis, and job site office management and planning; computer software for selecting delivery location and tracking delivery status of packages, freight, and job site materials; electric wire harnesses for machines and land vehicles, gauges for measuring quantity, volume, temperature, pressure, and weight; electric switches; electronic displays, namely, electric luminescent display panels; electron connectors, electrical terminals, and electrical controllers; circuit breakers; fuses; leveling rods; reflective mirrors to prevent accidents; power inverters; batteries; electrical parts and fittings for land vehicles, machinery, and equipment, namely, amplifiers for wireless communications, antennas, and batteries; electric relays; control mechanisms, namely, electronic controls for machines, engines, or motors and controllers for machines, engines, or motors; fuel/air ratio controls for engines; speed governors for machines, engines, and motors; radios; antennas; electric cables; electrical current converters; speakers; eyeglasses; sunglasses; Solar panels for the production of electricity
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 011 for Light lenses; machine head lights; interior lights; machine work lights; light, machine and lamp; light bulbs; head light bulbs; tail light bulbs; vehicle turn signal light bulbs; dashboard light bulbs; electric torches for lighting; lights for vehicles and lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles; coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs; LED light bulbs; rear lights for vehicles; valves as part of radiators
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: Light lenses; Turn signal, headlight, tail light, backup, and rear light lenses; machine head lights; headlights for machines and off-road industrial machinery; interior lights; interior lights for machines and off-road industrial vehicles; machine work lights; LED flood lights and LED work lights for off-road industrial machines; light, machine and lamp; light bulbs; head light bulbs; tail light bulbs; vehicle turn signal light bulbs; dashboard light bulbs; electric torches for lighting; lights for vehicles and lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles; coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs; LED light bulbs; rear lights for vehicles; valves as part of radiatorsClass 011 for Turn signal, headlight, tail light, backup, and rear light lenses; headlights for machines and off-road industrial machinery; interior lights for machines and off-road industrial vehicles; LED flood lights and LED work lights for off-road industrial machines; light bulbs; head light bulbs; tail light bulbs; vehicle turn signal light bulbs; dashboard light bulbs; electric torches for lighting; lights for vehicles and lamps; reflectors for vehicles; air conditioning apparatus; air conditioning filters; defrosting apparatus for vehicles; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machinery, and earth moving machinery, namely, backup lights for land vehicles; coolant recovery systems comprising reservoirs, pumps, filters, and cleaners; electric light bulbs; LED light bulbs; rear lights for vehicles; valves as part of radiators
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 017 for Flexible pipes, tubes, fittings, hoses, seals, junctions, and rings not of metal; non-metal seals for use on pipe joints and flanges; semi-processed brake lining material; clutch linings; non-metal gaskets for commercial and industrial applications; insulating gloves; rings of rubber or of plastic for use as pipe connection seals; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators; absorbent products, namely, perforated pads, for the containment and clean-up of oil based chemicals, oils and liquids; non-medical adhesive strips; snubber seals; cylinder seals; piston wear rings; insulation used for sound suppress and HVAC
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: Flexible pipes, tubes, fittings, hoses, seals, junctions, and rings not of metal; Flexible pipes, tubes, and hoses, not of metal, and non-metal junctions for pipes; non-metal seals for use on pipe joints and flanges; semi-processed brake lining material; clutch linings; non-metal gaskets for commercial and industrial applications; insulating gloves; rings of rubber or of plastic for use as pipe connection seals; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators; absorbent products, namely, perforated pads, for the containment and clean-up of oil based chemicals, oils and liquids; non-medical adhesive strips; non-medical adhesive strips for industrial and commercial use; snubber seals; snubber seals, namely, rings used in hydraulic cylinders, pumps, valves and engine systems; cylinder seals; cylinder seals, namely, cylinder joinings; piston wear rings; piston rings; insulation used for sound suppress and HVAC; insulation for sound suppression or temperature control in heavy machineryClass 017 for Flexible pipes, tubes, and hoses, not of metal, and non-metal junctions for pipes; non-metal seals for use on pipe joints and flanges; semi-processed brake lining material; clutch linings; non-metal gaskets for commercial and industrial applications; insulating gloves; rings of rubber or of plastic for use as pipe connection seals; parts and fittings for all the aforesaid goods sold as a unit with the goods; parts and fittings for land vehicles, agricultural machines, and earth moving machines, namely, connecting hoses for vehicle radiators; absorbent products, namely, perforated pads, for the containment and clean-up of oil based chemicals, oils and liquids; non-medical adhesive strips for industrial and commercial use; snubber seals, namely, rings used in hydraulic cylinders, pumps, valves and engine systems; cylinder seals, namely, cylinder joinings; piston rings; insulation for sound suppression or temperature control in heavy machinery
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 028 for Toys and sporting goods; toy vehicles and accessories therefor; balls for sports; golf tees, golf tee markers and tins; golf divot repair tools; hand grips for golf clubs; golf clubs; golf putters; covers for golf clubs; bats for games; aerodynamic disk for use in playing catching games; corn-hole game sets; corn-hole bags; washer toss games; scale model vehicles; scale model kits; toy models; construction site themed play sets; playground equipment, namely, sand boxes; baby gyms; swings; toy work tools; toy tool benches; radio controlled toy vehicles; remote controlled toy vehicles; construction toys; ride-on toy vehicles; battery operated ride-on toys; puzzles; kites; role-playing games; board games; dart games; toy blocks; playing cards; balloons; toy cameras; plush toys; plush dice; Christmas ornaments; rattles; dolls; toy figurines; toys for pets; tricycles for infants; scooters; toy trains and parts and accessories therefore; train sets; toy cars; slot cars; slot car sets and parts and accessories therefore; handheld units for playing electronic games; protective padding for bicycles, skateboards, and scooters; party favor hats; paper party favors; party favors in the nature of small toys and noise makers; fishing tackle; fishing lines; fishing lures; fishing tackle boxes; hunting game calls; and bird calls
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: Toys and sporting goods; Scale model vehicles; toy vehicles and accessories therefor; balls for sports; golf tees, golf tee markers and tins; golf divot repair tools; hand grips for golf clubs; golf clubs; golf putters; covers for golf clubs; bats for games; aerodynamic disk for use in playing catching games; corn-hole game sets; corn-hole bags; washer toss games; scale model kits; toy models; construction site themed play sets; playground equipment, namely, sand boxes; baby gyms; swings; toy work tools; toy tool benches; radio controlled toy vehicles; remote controlled toy vehicles; construction toys; ride-on toy vehicles; battery operated ride-on toys; puzzles; kites; role-playing games; board games; dart games; toy blocks; playing cards; balloons; toy cameras; plush toys; plush dice; Christmas ornaments; rattles; dolls; toy figurines; toys for pets; tricycles for infants; scooters; toy trains and parts and accessories therefore; train sets; toy cars; slot cars; slot car sets and parts and accessories therefore; handheld units for playing electronic games; protective padding for bicycles, skateboards, and scooters; party favor hats; paper party favors; party favors in the nature of small toys and noise makers; fishing tackle; fishing lines; fishing lures; fishing tackle boxes; hunting game calls; and bird callsClass 028 for Scale model vehicles
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Christopher P. Foley
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): julie.stewart@finnegan.com

The docket/reference number is 08407.1905.
Correspondence Information (proposed):
      Christopher P. Foley
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@finnegan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): julie.stewart@finnegan.com

The docket/reference number is 08407.1905.

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)
Request for Reconsideration Signature
Signature: /Christopher P. Foley/     Date: 06/18/2021
Signatory's Name: Christopher P. Foley
Signatory's Position: Attorney of record
Signature method: Signed directly within the form

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.

The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Christopher P. Foley
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
   
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
Mailing Address:    Christopher P. Foley
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
        
Serial Number: 88683686
Internet Transmission Date: Fri Jun 18 07:06:24 ET 2021
TEAS Stamp: USPTO/RFR-XX.XXX.X.X-2021061807062468019
0-88683686-7801edcea64428a3a3795e5c3b601
3e2bf43a2c5ef79bcb2876e19fa82d4dec57-N/A
-N/A-20210618065431173780