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 |
90082645 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
| MARK SECTION |
| MARK FILE NAME |
http://uspto.report/TM/90082645/mark.png |
| LITERAL ELEMENT |
ENCORE |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word encore where the first letter e is a fanciful enlarged lower case "e" followed by standard lowercase letters
"ncore," wherein the lower portion of the first e extends at an upward angle and is partially hidden by the letter n, and the remaining portion extends at about a 45 degree angle from an upper right
corner of the letter n so as to form an accent mark. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
037 |
| DESCRIPTION |
| maintenance services for the disassembly, inspection, repair, upgrading, 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, upgrading, 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 |
| ADDITIONAL STATEMENTS SECTION |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the word "ENCORE" in blue stylized font with a blue diagonal line above the letter "C" so as to form an accent mark. |
| 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.T0004 |
| 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.T0004 |
| 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 08:32:04 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20201209083204908902-9008
2645-75038d0ec56849c388b7
7a88c941e469af1950de6ad74
0a924b3f7a9c63246bd-N/A-N
/A-20201209082931720291 |
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.
90082645 ENCORE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9008264 5/large) 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, upgrading, 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, upgrading, 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.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "ENCORE" in blue stylized font with a blue diagonal line above the letter "C" so as to form an accent mark.
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.T0004.
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.T0004.
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: 90082645
Internet Transmission Date: Wed Dec 09 08:32:04 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202012090832049
08902-90082645-75038d0ec56849c388b77a88c
941e469af1950de6ad740a924b3f7a9c63246bd-
N/A-N/A-20201209082931720291