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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88769639 ELEVATION (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8876963 9/large) has been amended as follows:

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

AMENDMENT “A” AND RESPONSE TO OFFICE ACTION

Dear Examiner:

This correspondence is being filed responsive to the Office Action dated April 16, 2020, for the above-referenced case.

AMENDMENT

I. IDENTIFICATION OF GOODS AND SERVICES

In the Office Action the Examining Attorney indicated that the wording used to describe the goods and services is indefinite and must be clarified. The Examiner also provided suggestions for amendments to the identification of goods and services to Applicant in the Office Action.

Applicant has reviewed the proposed changes to the identification of goods and services and has amended the description of goods and services in the present application in an attempt to conform to the suggestions in the Office Action. Applicant thanks the Examining Attorney for the assistance in revising and clarifying the descriptions of the goods and services.

REMARKS

The Office Action stated that the Examining Attorney had searched the database of the United States Patent and Trademark Office and found no similar registered or pending marks which would bar registration of Applicant’s mark under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d). TMEP § 704.02.

I. INFORMALITIES

A. Identification of Goods and Services

As discussed above, Applicant has attempted to comply with the requirements of the Office Action. In particular, Applicant has reviewed the detailed suggestions and attempted to revise the description of goods and services as required consistent with the instructions in the Office Action.

Applicant respectfully submits that it has narrowed and clarified the respective identification of goods and services to more accurately reflect the goods and services on which Applicant intends to use its mark. Applicant submits that it has not broadened the scope of the goods and services.

II. CONCLUSION

Applicant respectfully submits that the application is now in an allowable condition. Should the Examining Attorney encounter any impediment to a prompt allowance of this application, if that impediment could be removed through a telephone conference with the undersigned attorney, then the Examining Attorney is respectfully requested to initiate such a telephone contact.

EVIDENCE
Evidence has been attached: a pdf of this Amendment A and Response to Office Action with the the changes to the goods and services in redline/strike out.
Original PDF file:
evi_74213202213-202010151 52809632804_._ELEVATION_r esponse_to_Offic_Action.pdf
Converted PDF file(s) ( 4 pages) Evidence-1Evidence-2Evidence-3Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for Heating and cooling systems, components and parts; Heating ventilation and air conditioning units, namely, furnaces and heat pumps; residential and commercial ventilating fans; Structural component parts thereof; Residential and commercial air conditioning units; Components and accessories thereof, namely, electronic air cleaners, humidifiers, heat recovery ventilators, zoning units, fan coils, evaporator coils and condenser coils; Air handlers in the nature of cabinets housing air blowers; Air handlers in the nature of cabinets housing heat exchangers; Dehumidifiers; Air purifiers; Heat transfer packaged systems for temperature conditioning of buildings comprising both air heating and air cooling units, all for residential and industrial use
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: Heating and cooling systems, components and parts; Heating and cooling systems comprised of heating installations and cooling apparatus and components and parts therefor sold as a unit; Heating ventilation and air conditioning units, namely, furnaces and heat pumps; residential and commercial ventilating fans; residential and commercial ventilating fans, and structural component parts thereof; Structural component parts thereof; Residential and commercial air conditioning units and components and accessories thereof, namely, electronic air cleaners, humidifiers, heat recovery ventilators, zoning units, fan coils, evaporator coils and condenser coils; Residential and commercial air conditioning units; Air handlers in the nature of cabinets housing air blowers; Components and accessories thereof, namely, electronic air cleaners, humidifiers, heat recovery ventilators, zoning units, fan coils, evaporator coils and condenser coils; Air handlers in the nature of cabinets housing heat exchangers; Dehumidifiers; Air purifiers; Heat transfer packaged systems for temperature conditioning of buildings comprising both air heating and air cooling units, all for residential and industrial use.; Heat transfer packaged systems for temperature conditioning of buildings comprising both air heating and air cooling units, all for residential and industrial useClass 011 for Heating and cooling systems comprised of heating installations and cooling apparatus and components and parts therefor sold as a unit; Heating ventilation and air conditioning units, namely, furnaces and heat pumps; residential and commercial ventilating fans, and structural component parts thereof; Residential and commercial air conditioning units and components and accessories thereof, namely, electronic air cleaners, humidifiers, heat recovery ventilators, zoning units, fan coils, evaporator coils and condenser coils; Air handlers in the nature of cabinets housing air blowers; Air handlers in the nature of cabinets housing heat exchangers; Dehumidifiers; Air purifiers; Heat transfer packaged systems for temperature conditioning of buildings comprising both air heating and air cooling units, all for residential and industrial use.
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.

Applicant proposes to amend the following:

Current:
Class 035 for Wholesale distributorships; Distributorship services; Distributorship services in the field of heating and cooling systems, equipment, and parts thereof; Wholsale services in the field of heating and cooling systems, equipment and parts thereof; Wholesale distributorships featuring heating ventilation and air conditioning units and parts and accessories related thereto
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: Wholesale distributorships; Wholesale distributorships in the field of heating and cooling systems; Distributorship services; Distributorship services in the field of heating and cooling systems; Distributorship services in the field of heating and cooling systems, equipment, and parts thereof; Wholsale services in the field of heating and cooling systems, equipment and parts thereof; Wholesale store services in the field of heating and cooling systems, equipment and parts thereof; Wholesale distributorships featuring heating ventilation and air conditioning units and parts and accessories related thereto; Wholesale distributorships featuring heating ventilation and air conditioning units and parts and accessories related thereto.Class 035 for Wholesale distributorships in the field of heating and cooling systems; Distributorship services in the field of heating and cooling systems; Distributorship services in the field of heating and cooling systems, equipment, and parts thereof; Wholesale store services in the field of heating and cooling systems, equipment and parts thereof; Wholesale distributorships featuring heating ventilation and air conditioning units and parts and accessories related thereto.
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Contractors Heating-Cooling Supply, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1433 West 130 South
      Orem, Utah 84058
      United States

Proposed: Contractors Heating-Cooling Supply, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      1433 West 130 South
      Orem, Utah 84058
      United States
      Email Address: XXXX
Correspondence Information (current):
      ROBYN L. PHILLIPS
      PRIMARY EMAIL FOR CORRESPONDENCE: rphillips@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@wnlaw.com

The docket/reference number is 22322.1.
Correspondence Information (proposed):
      Robyn L. Phillips
      PRIMARY EMAIL FOR CORRESPONDENCE: rphillips@wnlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@wnlaw.com

The docket/reference number is 22322.1.

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: /Robyn L. Phillips, 39330/     Date: 10/15/2020
Signatory's Name: Robyn L. Phillips
Signatory's Position: Attorney of Record, Utah bar member

Signatory's Phone Number: 8015339800

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:    ROBYN L. PHILLIPS
   WORKMAN NYDEGGER
   
   60 EAST SOUTH TEMPLE, STE. 1000
   SALT LAKE CITY, Utah 84111
Mailing Address:    Robyn L. Phillips
   WORKMAN NYDEGGER
   60 EAST SOUTH TEMPLE, STE. 1000
   SALT LAKE CITY, Utah 84111
        
Serial Number: 88769639
Internet Transmission Date: Thu Oct 15 15:40:42 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202010151540425
12216-88769639-75065e36b524c190f07bbdc11
7bb1ffdad9967cf6939d6acb5278fb3de75531d3
c-N/A-N/A-20201015152809632804