TEAS Request Reconsideration after FOA

DYNABOND

NBC MESHTEC AMERICAS, INC.

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

Request for Reconsideration after Final Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88843543
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK mark
LITERAL ELEMENT DYNABOND
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
In response to the refusal of the pending application, the examining attorney has taken the position that applicant's and registrant's goods are legally identical and have no restrictions as to the nature, type channels of trade or classes of purchasers and are presumed to travel in the same channels of trade to the same class of purchasers. Applicant has amended the description of goods in order to provide differentiation by limiting the channels of trade to consumers in the screen printing industry. These restrictions to the channels of trade and classes of purchasers differentiate applicant's goods from registrants goods. Applicant respectfully requests that, with the amendments to the identification of goods, the application is advanced to publication.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 001
DESCRIPTION
Glues and adhesives for use in industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/16/1996
        FIRST USE IN COMMERCE DATE At least as early as 12/16/1996
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 001
TRACKED TEXT DESCRIPTION
Glues and adhesives for use in industry for screen or stencil making for screen printing; Glues and adhesives for use in the screen printing industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing to be purchased by consumers in the screen printing industry.
FINAL DESCRIPTION
Glues and adhesives for use in the screen printing industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing to be purchased by consumers in the screen printing industry.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/16/1996
       FIRST USE IN COMMERCE DATE At least as early as 12/16/1996
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
CORRESPONDENCE INFORMATION (current)
NAME Mark J. Nahnsen
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks-ch@btlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) mnahnsen@btlaw.com; mandrade@btlaw.com
DOCKET/REFERENCE NUMBER 37613-317305
CORRESPONDENCE INFORMATION (proposed)
NAME Mark J. Nahnsen
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks-ch@btlaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) mnahnsen@btlaw.com; mandrade@btlaw.com
DOCKET/REFERENCE NUMBER 37613-317305
SIGNATURE SECTION
RESPONSE SIGNATURE /Mark J. Nahnsen/
SIGNATORY'S NAME Mark J. Nahnsen
SIGNATORY'S POSITION Attorney of Record, Illinois Bar member
SIGNATORY'S PHONE NUMBER 13122144810
DATE SIGNED 07/15/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
CONCURRENT APPEAL NOTICE FILED NO
FILING INFORMATION SECTION
SUBMIT DATE Thu Jul 15 11:02:43 ET 2021
TEAS STAMP USPTO/RFR-XX.XX.XX.XXX-20
210715110243468153-888435
43-780289163136c64a72880d
baa464643f79e5aedd828e1cb
0fba8910b28987bc-N/A-N/A-
20210715105208005044



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. 88843543 DYNABOND(Standard Characters, see http://uspto.report/TM/88843543/mark.png) has been amended as follows:

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

In response to the refusal of the pending application, the examining attorney has taken the position that applicant's and registrant's goods are legally identical and have no restrictions as to the nature, type channels of trade or classes of purchasers and are presumed to travel in the same channels of trade to the same class of purchasers. Applicant has amended the description of goods in order to provide differentiation by limiting the channels of trade to consumers in the screen printing industry. These restrictions to the channels of trade and classes of purchasers differentiate applicant's goods from registrants goods. Applicant respectfully requests that, with the amendments to the identification of goods, the application is advanced to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 001 for Glues and adhesives for use in industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing
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 12/16/1996 and first used in commerce at least as early as 12/16/1996 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Glues and adhesives for use in industry for screen or stencil making for screen printing; Glues and adhesives for use in the screen printing industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing to be purchased by consumers in the screen printing industry.Class 001 for Glues and adhesives for use in the screen printing industry for screen or stencil making for screen printing; glues and adhesives for use in industry for use in sieving, milling and shifting processes for screen printing to be purchased by consumers in the screen printing industry.
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 12/16/1996 and first used in commerce at least as early as 12/16/1996 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      Mark J. Nahnsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-ch@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mnahnsen@btlaw.com; mandrade@btlaw.com

The docket/reference number is 37613-317305.
Correspondence Information (proposed):
      Mark J. Nahnsen
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks-ch@btlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mnahnsen@btlaw.com; mandrade@btlaw.com

The docket/reference number is 37613-317305.

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: /Mark J. Nahnsen/     Date: 07/15/2021
Signatory's Name: Mark J. Nahnsen
Signatory's Position: Attorney of Record, Illinois Bar member

Signatory's Phone Number: 13122144810 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 not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Mark J. Nahnsen
   BARNES & THORNBURG, LLP
   SUITE 4400
   ONE NORTH WACKER DR.
   CHICAGO, Illinois 60606
Mailing Address:    Mark J. Nahnsen
   BARNES & THORNBURG, LLP
   SUITE 4400
   ONE NORTH WACKER DR.
   CHICAGO, Illinois 60606
        
Serial Number: 88843543
Internet Transmission Date: Thu Jul 15 11:02:43 ET 2021
TEAS Stamp: USPTO/RFR-XX.XX.XX.XXX-20210715110243468
153-88843543-780289163136c64a72880dbaa46
4643f79e5aedd828e1cb0fba8910b28987bc-N/A
-N/A-20210715105208005044



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