| 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
The table below presents the data as entered.
| 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.
90349357 ENVIROCORE(Standard Characters, see http://uspto.report/TM/90349357/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has attached the arguments as a pdf to the attachment section.
EVIDENCE
Evidence has been attached: Examples of third parties using the term "roll-out carts" to describe the goods.
Original PDF file:
evi_73456439-202204191725 48370301_._Response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitA.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitB.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitC.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitD.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitE.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitF.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitG.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitH.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitI.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitJ.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1Evidence-2Evidence-3
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitK.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1Evidence-2Evidence-3Evidence-4
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitL.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitM.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_73456439-202204191725 48370301_._ExhibitN.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1Evidence-2Evidence-3Evidence-4
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 012 for roll-out carts
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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.
In International Class 012, the mark was first used at least as early as 03/14/2022 and first used in commerce at least as early as 03/14/2022.
Proposed:
Tracked Text Description: roll-out carts;
Trash cans and recycling bins with wheelsClass 012 for Trash cans and
recycling bins with wheels
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in
connection with the goods or services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of
the application filing date.
For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant has a bona fide intention,
and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in
commerce as of the application filing date.
For a certification mark application: 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.
In International Class 012, the mark was first used at least as early as 03/14/2022 . and first used in commerce at least as early as 03/14/2022 .
Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
Karin H. Butchko
PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@cgolaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 67080-759.T1.
Correspondence Information (proposed):
Karin H. Butchko
PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@cgolaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 67080-759.T1.
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: /Karin H. Butchko/ Date: 04/19/2022
Signatory's Name: Karin H. Butchko
Signatory's Position: Attorney of Record, Illinois and Michigan bar member
Signatory's Phone Number: 248-988-8688 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: Karin H. Butchko
CARLSON, GASKEY & OLDS, P.C.
400 W. MAPLE ROAD, SUITE 350
BIRMINGHAM, Michigan 48009
Mailing Address: Karin H. Butchko
CARLSON, GASKEY & OLDS, P.C.
400 W. MAPLE ROAD, SUITE 350
BIRMINGHAM, Michigan 48009
Serial Number: 90349357
Internet Transmission Date: Tue Apr 19 17:30:27 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202204191730278758
83-90349357-800d67f80bbaae51650f8d78f56c
035a6e6528cc3f9bdc7e32655f3673eff439de-N
/A-N/A-20220419172548370301
