Response to Office Action

PROEDGE

Exactly LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88810464
LAW OFFICE ASSIGNED LAW OFFICE 119
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88810464/mark.png
LITERAL ELEMENT PROEDGE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
The color(s) blue is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The letters ProEdge with a horizontal curved line below. Curved line tapers from thick on the left to thin on the right.
OWNER SECTION (current)
NAME Townsend, Jared T
DBA/AKA/TA/Formerly DBA Exactly LLC
MAILING ADDRESS 139 Crown Street Ext
CITY Meriden
STATE Connecticut
ZIP/POSTAL CODE 06450
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 316-300-8874
EMAIL XXXX
OWNER SECTION (proposed)
NAME Exactly LLC
DBA/AKA/TA/Formerly DBA Exactly LLC
MAILING ADDRESS 139 Crown Street Ext
CITY Meriden
STATE Connecticut
ZIP/POSTAL CODE 06450
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 316-300-8874
EMAIL XXXX
ARGUMENT(S)
In response to the comparison of goods/services: The ProEdge scrapers referenced in 6020943 are very specific to woodturning work done on a lathe. See this video for an example of woodturning scrapers. http://www.youtube.com/watch?v=5bwdCKgmMfU This is a link to another example of a very specific wood turning negative rake scraper referenced in the trademark in question. http://www.youtube.com/watch?v=5bwdCKgmMfU There would be no chance of confusion between the source of a utility knife and the source of the wood turning scrapers due to the very specific uses of the inboard scrapers, outboard scrapers, curved scrapers, and cutter holding tools used for sharpening woodturning scraper tools specifically described in 6020943. These are not general use scrapers, but rather must be used with a lathe or wood turning machine. Trademark 6020943 is specific to woodturning tools and only woodturning tools and therefore represents a very small niche market for specialty tools that would not be confused as the source of a disposable plastic utility knife that Exactly LLC is selling currently branded as ProEdge utility knives. Our research has not found any instances of a manufacturer that makes these specific wood turning scrapers and utility knives.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\888\104\88810464\xml5 \ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\888\104\88810464\xml5 \ ROA0003.JPG
DESCRIPTION OF EVIDENCE FILE Screenshots of basic information pertaining to woodturning tools. This information explains in detail the specific nature of woodturning tools.
ADDITIONAL STATEMENTS SECTION
COLOR(S) CLAIMED
(If applicable)
The color(s) blue, black, and white is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The mark consists of the stylized word PROEDGE underlined by a curved, thinning band, wherein the band and lettering are blue with black shadowing, and a white highlight horizontally crosses the center of each letter.
CORRESPONDENCE INFORMATION (current)
NAME TOWNSEND, JARED T
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jared@exactlyllc.net
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jaredtownsend8@gmail.com
CORRESPONDENCE INFORMATION (proposed)
NAME Exactly LLC
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE jared@exactlyllc.net
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) jaredtownsend8@gmail.com
DOCKET/REFERENCE NUMBER 88810464
SIGNATURE SECTION
RESPONSE SIGNATURE /Jared Townsend/
SIGNATORY'S NAME Jared Townsend
SIGNATORY'S POSITION Managing Member
SIGNATORY'S PHONE NUMBER 3163008874
DATE SIGNED 06/11/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jun 11 12:35:49 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200611123549617588-8881
0464-7101e6baea842f953afc
16420ae698f20b78afd582396
f9db7f9c4cacbbc2148-N/A-N
/A-20200611120255658421



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. 88810464 PROEDGE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8881046 4/large) has been amended as follows:

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

In response to the comparison of goods/services: The ProEdge scrapers referenced in 6020943 are very specific to woodturning work done on a lathe. See this video for an example of woodturning scrapers. http://www.youtube.com/watch?v=5bwdCKgmMfU This is a link to another example of a very specific wood turning negative rake scraper referenced in the trademark in question. http://www.youtube.com/watch?v=5bwdCKgmMfU There would be no chance of confusion between the source of a utility knife and the source of the wood turning scrapers due to the very specific uses of the inboard scrapers, outboard scrapers, curved scrapers, and cutter holding tools used for sharpening woodturning scraper tools specifically described in 6020943. These are not general use scrapers, but rather must be used with a lathe or wood turning machine. Trademark 6020943 is specific to woodturning tools and only woodturning tools and therefore represents a very small niche market for specialty tools that would not be confused as the source of a disposable plastic utility knife that Exactly LLC is selling currently branded as ProEdge utility knives. Our research has not found any instances of a manufacturer that makes these specific wood turning scrapers and utility knives.

EVIDENCE
Evidence has been attached: Screenshots of basic information pertaining to woodturning tools. This information explains in detail the specific nature of woodturning tools.
Evidence-1

Evidence-2


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Townsend, Jared T, DBA Exactly LLC, a limited liability company legally organized under the laws of Connecticut, having an address of
      139 Crown Street Ext
      Meriden, Connecticut 06450
      United States
      Email Address: XXXX
      316-300-8874
Proposed: Exactly LLC, DBA Exactly LLC, a limited liability company legally organized under the laws of Connecticut, having an address of
      139 Crown Street Ext
      Meriden, Connecticut 06450
      United States
      Email Address: XXXX
      316-300-8874

ADDITIONAL STATEMENTS
Color Claim
The color(s) blue, black, and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of The mark consists of the stylized word PROEDGE underlined by a curved, thinning band, wherein the band and lettering are blue with black shadowing, and a white highlight horizontally crosses the center of each letter.
Correspondence Information (current):
      TOWNSEND, JARED T
      PRIMARY EMAIL FOR CORRESPONDENCE: jared@exactlyllc.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jaredtownsend8@gmail.com
Correspondence Information (proposed):
      Exactly LLC
      PRIMARY EMAIL FOR CORRESPONDENCE: jared@exactlyllc.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jaredtownsend8@gmail.com

The docket/reference number is 88810464.

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: /Jared Townsend/     Date: 06/11/2020
Signatory's Name: Jared Townsend
Signatory's Position: Managing Member

Signatory's Phone Number: 3163008874

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    TOWNSEND, JARED T
   TOWNSEND, JARED T
   
   139 CROWN STREET EXT
   MERIDEN, Connecticut 06450
Mailing Address:    Exactly LLC
   139 Crown Street Ext
   Meriden, Connecticut 06450
        
Serial Number: 88810464
Internet Transmission Date: Thu Jun 11 12:35:49 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202006111235496
17588-88810464-7101e6baea842f953afc16420
ae698f20b78afd582396f9db7f9c4cacbbc2148-
N/A-N/A-20200611120255658421


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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