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. 90003985 HONEYWELL(Standard Characters, see http://uspto.report/TM/90003985/mark.png) has been amended as follows:

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

Please see actual arguments attached in Evidence section.

EVIDENCE
Evidence has been attached: Arguments and Exhibits A, B, C, D, E, and F.
Original PDF file:
evi_47198018-202009091806 02360721_._02565925.PDF
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2
Original PDF file:
evi_47198018-202009091806 02360721_._02565900.PDF
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_47198018-202009091806 02360721_._02565902.PDF
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_47198018-202009091806 02360721_._02565904.PDF
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7
Original PDF file:
evi_47198018-202009091806 02360721_._02565910.PDF
Converted PDF file(s) ( 9 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9
Original PDF file:
evi_47198018-202009091806 02360721_._02565919.PDF
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5
Original PDF file:
evi_47198018-202009091806 02360721_._Ex_F__02565922 _.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for respiratory protection products, namely, air purifying respirators and rescue breathing apparatus; Protection masks;self-contained breathing apparatus for use by first responders; eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and face shields; electrical safety protective gear, namely, gloves, face shields, and hoods; protective work gloves; gloves for laboratory use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/01/2014 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.


Proposed:

Tracked Text Description: respiratory protection products, namely, air purifying respirators and rescue breathing apparatus; protective industrial respirators in the nature of air purifying respirators and rescue oxygen apparatus; Protection masks; protection masks for the prevention of accident or injury; self-contained breathing apparatus for use by first responders; eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and face shields; eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and protective industrial face shields; electrical safety protective gear, namely, gloves, face shields, and hoods; electrical safety protective gear, namely, protective work gloves, protective industrial shields, and protective work hoods; protective work gloves; gloves for laboratory useClass 009 for protective industrial respirators in the nature of air purifying respirators and rescue oxygen apparatus; protection masks for the prevention of accident or injury; self-contained breathing apparatus for use by first responders; eye and face protection apparatus, namely, goggles, protective eyewear, protective glasses, and protective industrial face shields; electrical safety protective gear, namely, protective work gloves, protective industrial shields, and protective work hoods; protective work gloves; gloves for laboratory use
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/01/2014 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 010 for sanitary masks for protection against viral infection; face shields for medical use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/01/2014 and first used in commerce at least as early as 01/01/2014 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 010 . The specimen(s) submitted consists of mark displayed in connection with goods for sale .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-47198018-20200909180 602360721_._02565943.PDF
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2
Correspondence Information (current):
      David A. Cohen
      PRIMARY EMAIL FOR CORRESPONDENCE: David.Cohen2@Honeywell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): beth.nussbaum@honeywell.com
Correspondence Information (proposed):
      David A. Cohen
      PRIMARY EMAIL FOR CORRESPONDENCE: David.Cohen2@Honeywell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): beth.nussbaum@honeywell.com

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /chelsearussell/     Date: 09/09/2020
Signatory's Name: Chelsea A. Russell
Signatory's Position: Associate Attorney, Leason Ellis, CT Bar Member

Signatory's Phone Number: 9148213092

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:    David A. Cohen
   HONEYWELL INTERNATIONAL INC.
   
   300 SOUTH TRYON STREET 5TH FLOOR
   CHARLOTTE, North Carolina 28202
Mailing Address:    David A. Cohen
   HONEYWELL INTERNATIONAL INC.
   300 SOUTH TRYON STREET 5TH FLOOR
   CHARLOTTE, North Carolina 28202
        
RAM Sale Number: 90003985
RAM Accounting Date: 09/09/2020
        
Serial Number: 90003985
Internet Transmission Date: Wed Sep 09 18:55:41 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202009091855414758
46-90003985-75037262dec9664ce12225fb182c
0d6fbb4d9a1f8327c74aac658674970bad083-DA
-55408682-20200909185252793290