Response to Office Action

ENCORE

FURUKAWA ROCK DRILL USA, INC.

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 11/30/2023)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90082628
LAW OFFICE ASSIGNED LAW OFFICE 117
MARK SECTION
MARK mark
LITERAL ELEMENT ENCORE
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 037
DESCRIPTION
maintenance services for the disassembly, inspection, repair, upgrade, and recertification of construction tools, namely, hydraulic breakers and related equipment
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 12/26/2002
        FIRST USE IN COMMERCE DATE At least as early as 12/26/2002
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 037
TRACKED TEXT DESCRIPTION
maintenance services for the disassembly, inspection, repair, upgrade, and recertification of construction tools, namely, hydraulic breakers and related equipment; maintenance and repair of construction tools, namely, hydraulic breakers
FINAL DESCRIPTION
maintenance and repair of construction tools, namely, hydraulic breakers
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 12/26/2002
       FIRST USE IN COMMERCE DATE At least as early as 12/26/2002
CORRESPONDENCE INFORMATION (current)
NAME ANDREW B. MORTON
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pto@rennerkenner.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) morton@rennerkenner.com; mgarro@rennerkenner.com
DOCKET/REFERENCE NUMBER FKW.T0003
CORRESPONDENCE INFORMATION (proposed)
NAME Andrew B. Morton
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pto@rennerkenner.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) morton@rennerkenner.com; mgarro@rennerkenner.com
DOCKET/REFERENCE NUMBER FKW.T0003
SIGNATURE SECTION
RESPONSE SIGNATURE /Andrew B. Morton/
SIGNATORY'S NAME Andrew B. Morton
SIGNATORY'S POSITION Attorney of record, an Ohio Bar member
SIGNATORY'S PHONE NUMBER 330-376-1242
DATE SIGNED 12/09/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Dec 09 08:27:08 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20201209082708959188-9008
2628-750ec1e4187d9f3bb39b
e5d2dd9241671fb22f675a7d5
bc36e8c305477cbebbc57-N/A
-N/A-20201209082534723721



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 11/30/2023)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90082628 ENCORE(Standard Characters, see http://uspto.report/TM/90082628/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 037 for maintenance services for the disassembly, inspection, repair, upgrade, and recertification of construction tools, namely, hydraulic breakers and related 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 12/26/2002 and first used in commerce at least as early as 12/26/2002 , and is now in use in such commerce.


Proposed:

Tracked Text Description: maintenance services for the disassembly, inspection, repair, upgrade, and recertification of construction tools, namely, hydraulic breakers and related equipment; maintenance and repair of construction tools, namely, hydraulic breakersClass 037 for maintenance and repair of construction tools, namely, hydraulic breakers
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 12/26/2002 and first used in commerce at least as early as 12/26/2002 , and is now in use in such commerce. Correspondence Information (current):
      ANDREW B. MORTON
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@rennerkenner.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): morton@rennerkenner.com; mgarro@rennerkenner.com

The docket/reference number is FKW.T0003.
Correspondence Information (proposed):
      Andrew B. Morton
      PRIMARY EMAIL FOR CORRESPONDENCE: pto@rennerkenner.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): morton@rennerkenner.com; mgarro@rennerkenner.com

The docket/reference number is FKW.T0003.

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: /Andrew B. Morton/     Date: 12/09/2020
Signatory's Name: Andrew B. Morton
Signatory's Position: Attorney of record, an Ohio Bar member

Signatory's Phone Number: 330-376-1242

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:    ANDREW B. MORTON
   RENNER, KENNER, GREIVE, BOBAK, TAYLOR, & WEBER
   HUNTINGTON TOWER, SUITE 400
   106 SOUTH MAIN STREET
   AKRON, Ohio 44308-1412
Mailing Address:    Andrew B. Morton
   RENNER, KENNER, GREIVE, BOBAK, TAYLOR, & WEBER
   HUNTINGTON TOWER, SUITE 400
   106 SOUTH MAIN STREET
   AKRON, Ohio 44308-1412
        
Serial Number: 90082628
Internet Transmission Date: Wed Dec 09 08:27:08 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202012090827089
59188-90082628-750ec1e4187d9f3bb39be5d2d
d9241671fb22f675a7d5bc36e8c305477cbebbc5
7-N/A-N/A-20201209082534723721



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