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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88896050 |
LAW OFFICE ASSIGNED | LAW OFFICE 107 |
MARK SECTION | |
MARK | mark |
LITERAL ELEMENT | EARTHGUARD |
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) | |
Responsive to the Office Action mailed July 28, 2020, Applicant addresses below all the grounds for refusal raised by the Examining Attorney and requests that the Examining Attorney allow the application to proceed to publication for opposition. With respect to the identification of goods, Applicant amends the identification of goods as required by the Examining Attorney and for further clarity. Application adds Class 18 to the application and pays the required fee. Class 16: polypropylene roll stock for packaging Class 18: Polypropylene satchel pouches sold empty for merchandise packaging; Polypropylene stand-up pouches sold empty for merchandise packaging Overall, Applicant has addressed all grounds for refusal in the Office Action, and respectfully requests that the application proceed to publication for opposition. If there are any questions regarding this matter, please telephone the undersigned. |
|
GOODS AND/OR SERVICES SECTION (016) (current) | |
INTERNATIONAL CLASS | 016 |
DESCRIPTION | |
Polypropylene stand-up pouches; polypropylene satchel pouches; polypropylene roll stock | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (016) (proposed) | |
INTERNATIONAL CLASS | 016 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | polypropylene roll stock for packaging |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (018)(class added) | |
INTERNATIONAL CLASS | 018 |
DESCRIPTION | |
Polypropylene satchel pouches sold empty for merchandise packaging; Polypropylene stand-up pouches sold empty for merchandise packaging | |
FILING BASIS | Section 1(b) |
CORRESPONDENCE INFORMATION (current) | |
NAME | JOHN M. MCCORMACK |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | docketing@kolitchromano.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | PCO402 |
CORRESPONDENCE INFORMATION (proposed) | |
NAME | John M. McCormack |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE | docketing@kolitchromano.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) | NOT PROVIDED |
DOCKET/REFERENCE NUMBER | PCO402 |
PAYMENT SECTION | |
APPLICATION FOR REGISTRATION PER CLASS | 275 |
NUMBER OF CLASSES | 1 |
TOTAL FEES DUE | 275 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /john.m.mccormack/ |
SIGNATORY'S NAME | John M. McCormack |
SIGNATORY'S POSITION | Attorney of Record, California Bar Member |
SIGNATORY'S PHONE NUMBER | 503-994-1650 |
DATE SIGNED | 10/19/2020 |
RESPONSE SIGNATURE | /john m. mccormack/ |
SIGNATORY'S NAME | /john m. mccormack/ |
SIGNATORY'S POSITION | Attorney of Record |
SIGNATORY'S PHONE NUMBER | 503 994-1650 |
DATE SIGNED | 10/19/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Mon Oct 19 17:56:45 ET 2020 |
TEAS STAMP | USPTO/ROA-XXXX:XXX:XXXX:X XXX:XXXX:XXXX:XXXX:XXXX-2 0201019175645311527-88896 050-75039edcdbb57368525ec 3e7a2d5c97da80aefed6672e6 3d18b5caab8ce949e65c0-CC- 56443288-2020101916512820 1225 |
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) |
Responsive to the Office Action mailed July 28, 2020, Applicant addresses below all the grounds for refusal raised by the Examining Attorney and requests that the Examining Attorney allow the application to proceed to publication for opposition.
With respect to the identification of goods, Applicant amends the identification of goods as required by the Examining Attorney and for further clarity. Application adds Class 18 to the application and pays the required fee.
Class 16: polypropylene roll stock for packaging
Class 18: Polypropylene satchel pouches sold empty for merchandise packaging; Polypropylene stand-up pouches sold empty for merchandise packaging
Overall, Applicant has addressed all grounds for refusal in the Office Action, and respectfully requests that the application proceed to publication for opposition. If there are any questions regarding this matter, please telephone the undersigned.
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.