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. 88960637 CLIMATREK(Standard Characters, see http://uspto.report/TM/88960637/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 011 for refrigerated semi-trailer accessories, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems
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: refrigerated semi-trailer accessories, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems; Refrigerated semi-trailer structural components, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems comprised primarily of vents, blower fans, fabric air tubes and an air chute.Class 011 for Refrigerated semi-trailer structural components, namely, cargo enclosures and barriers in the nature of bulkheads, air chutes, dividers, partitions, side and rear curtains and doors, airflow systems comprised primarily of vents, blower fans, fabric air tubes and an air chute.
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 042 for software monitoring service for remote monitoring environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers
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: software monitoring service for remote monitoring environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers; Electronic remote monitoring of environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers using computer softwareClass 042 for Electronic remote monitoring of environmental conditions and controlling devices within refrigerated semi-trailers, cargo enclosures and containers using computer software
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.
Correspondence Information (current):
      MELINDA S. GIFTOS
      PRIMARY EMAIL FOR CORRESPONDENCE: pto-wis@huschblackwell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mindi.giftos@huschblackwell.com; christina.ostorga@huschblackwell.com

The docket/reference number is RITE-41053.
Correspondence Information (proposed):
      Melinda S. Giftos
      PRIMARY EMAIL FOR CORRESPONDENCE: pto-wis@huschblackwell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mindi.giftos@huschblackwell.com; christina.ostorga@huschblackwell.com

The docket/reference number is RITE-41053.

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: /Melinda S. Giftos/     Date: 09/16/2020
Signatory's Name: Melinda S. Giftos
Signatory's Position: Attorney of record, Wisconsin & Florida bar member

Signatory's Phone Number: 6082346076

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:    MELINDA S. GIFTOS
   HUSCH BLACKWELL LLP
   
   33 EAST MAIN STREET, SUITE 300
   MADISON, Wisconsin 53701
Mailing Address:    Melinda S. Giftos
   HUSCH BLACKWELL LLP
   33 EAST MAIN STREET, SUITE 300
   MADISON, Wisconsin 53701
        
Serial Number: 88960637
Internet Transmission Date: Wed Sep 16 16:41:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202009161641223
38510-88960637-750f2daea87d638e8fec4a664
2d92a08e7e7da1e7a1565bb1b85248675be1a0e3
2d-N/A-N/A-20200916163734231341