Response to Office Action

PTO- 1957

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

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PTO- 1957

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90001292 SENCORE(Standard Characters, see http://uspto.report/TM/90001292/mark.png) has been amended as follows:

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

Please see the attached argument and declaration.

EVIDENCE
Evidence has been attached: Response to Office Action; Declaration of Robert Reilly
Original PDF file:
evi_833752-20210224103148 305494_._38097419_1.PDF
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_833752-20210224103148 305494_._38097343_1.PDF
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Retail store services and online retail store services in the field of construction and construction equipment
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 06/15/2009 and first used in commerce at least as early as 06/15/2009 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Retail store services and online retail store services in the field of construction and construction equipment; Retail store services and online retail store services in the field of construction, namely saws, cutting machines, water pumps, drills, grinders, surface preparation equipment, and electric and petrol drive motors, and construction equipmentClass 035 for Retail store services and online retail store services in the field of construction, namely saws, cutting machines, water pumps, drills, grinders, surface preparation equipment, and electric and petrol drive motors, and construction equipment
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 06/15/2009 and first used in commerce at least as early as 06/15/2009 , and is now in use in such commerce.

Webpage URL: http://www.sencoretools.com
Webpage Date of Access: 06/11/2020
Correspondence Information (current):
      Brian R. Michalek
      PRIMARY EMAIL FOR CORRESPONDENCE: brian.michalek@saul.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.disanto@saul.com; trademarks@saul.com

The docket/reference number is 374271.00005.
Correspondence Information (proposed):
      Brian R. Michalek
      PRIMARY EMAIL FOR CORRESPONDENCE: brian.michalek@saul.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): laura.disanto@saul.com; trademarks@saul.com

The docket/reference number is 374271.00005.

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: /Brian Michalek/     Date: 02/24/2021
Signatory's Name: Brian Michalek
Signatory's Position: Attorney of Record, Illinois bar member

Signatory's Phone Number: 312-876-7836 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.

Mailing Address:    Brian R. Michalek
   Saul Ewing Arnstein & Lehr LLP
   
   161 North Clark Street, Suite 4200
   Chicago, Illinois 60601
Mailing Address:    Brian R. Michalek
   Saul Ewing Arnstein & Lehr LLP
   161 North Clark Street, Suite 4200
   Chicago, Illinois 60601
        
Serial Number: 90001292
Internet Transmission Date: Wed Feb 24 11:07:37 ET 2021
TEAS Stamp: USPTO/ROA-X.XX.XX.X-20210224110737019714
-90001292-770a584949574af2f36b36cdecec09
b81c12f3d2f60e24cd4e81dcb0a6b4fdb4c-N/A-
N/A-20210224103148305494