| 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.
90623940 TVX(Standard Characters, see http://uspto.report/TM/90623940/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 025 for Gloves
Applicant proposes to amend the following:
Current:
Class 008 for Hammers
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.
Proposed:
Tracked Text Description: Hammers;
Hand tools, namely, hammersClass 008 for Hand tools, namely, hammers
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.
Webpage URL: None Provided
Webpage Date of Access: None Provided
ADDITIONAL STATEMENTS
Miscellaneous Statement
The applied-for mark was partially refused in Class 25 based on a likelihood of confusion with the cited registratration in U.S. Reg. No. 5,319,673. Through this response, Applicant has deleted the
Class 25 goods. Accordingly, the confusion refusal should be withdrawn. Further, Applicant has adopted the suggested wording of the Class 8 goods and amended the Class 8 identification. Thus,
Applicant respectfully requests the applied-for mark be approved for publication.
Correspondence Information (current):
CHRISTOPHER J. SCHULTE
PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cschulte@merchantgould.com; rerickson@merchantgould.com; 14972.0853us02.active@ef.merchantgould.com
The docket/reference number is 14972.853US2.
Correspondence Information (proposed):
Christopher J. Schulte
PRIMARY EMAIL FOR CORRESPONDENCE: dockmpls@merchantgould.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): cschulte@merchantgould.com; rerickson@merchantgould.com; jolson@merchantgould.com;
14972.0853us02.active@ef.merchantgould.com
The docket/reference number is 14972.853US2.
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: /JPO/ Date: 03/23/2022
Signatory's Name: John P. Olson
Signatory's Position: Associate Attorney, Merchant & Gould P.C., Massachusetts Bar Member, BBO# 709551
Signatory's Phone Number: 612-336-4625 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: CHRISTOPHER J. SCHULTE
MERCHANT & GOULD P.C.
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
Mailing Address: Christopher J. Schulte
MERCHANT & GOULD P.C.
P.O. BOX 2910
MINNEAPOLIS, Minnesota 55402-0910
Serial Number: 90623940
Internet Transmission Date: Wed Mar 23 15:33:16 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2022032315331602
0988-90623940-800c640ea7bece1160cff0ed8e
68455eb4e6cf03685f9a5f82e69c75bf9d898-N/
A-N/A-20220323150154317860