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. 88827092 FIRST WESTERN EQUIPMENT FINANCE(Standard Characters, see http://uspto.report/TM/88827092/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 037 for Leasing of industrial and commercial equipment, vehicles, and 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.


Proposed:

Tracked Text Description: Leasing of industrial and commercial equipment, vehicles, and machinery; Leasing of construction, commercial cleaning, machine tooling, and automotive repair equipment and machineryClass 037 for Leasing of construction, commercial cleaning, machine tooling, and automotive repair equipment and 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use FIRST and EQUIPMENT FINANCE apart from the mark as shown.

Correspondence Information (current):
      GARRETT M. WEBER
      PRIMARY EMAIL FOR CORRESPONDENCE: ipgmw@lawmoss.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 51292.3.
Correspondence Information (proposed):
      Garrett M. Weber
      PRIMARY EMAIL FOR CORRESPONDENCE: ipgmw@lawmoss.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 51292.3.

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: /Garrett Weber/     Date: 07/21/2020
Signatory's Name: Garrett Weber
Signatory's Position: Attorney of record, MN bar member

Signatory's Phone Number: 612-877-5264

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:    GARRETT M. WEBER
   MOSS & BARNETT, P.A.
   SUITE 1200
   150 SOUTH FIFTH ST.
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    Garrett M. Weber
   MOSS & BARNETT, P.A.
   SUITE 1200
   150 SOUTH FIFTH ST.
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88827092
Internet Transmission Date: Tue Jul 21 14:16:21 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20200721141621580
938-88827092-7404f9f9c9c89fd83f9201f5f4d
f4f88e024058528c5a312d5fdd6f78ffe41623-N
/A-N/A-20200721140942236998