Response to Office Action

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

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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. 90742720 AIMS(Standard Characters, see http://uspto.report/TM/90742720/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Applicant's Response to Office Action
Original PDF file:
evi_1-50194182169-2022060 2150444969210_._ROA.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Engineering services including engineering, design, and consultancy services for handling of solid asphaltene removed in a deasphalting process
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 07/01/2020 and first used in commerce at least as early as 07/01/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Engineering services including engineering, design, and consultancy services for handling of solid asphaltene removed in a deasphalting process; Engineering services, namely, engineering, design, and engineering consultancy services for handling of solid asphaltene removed in a deasphalting processClass 042 for Engineering services, namely, engineering, design, and engineering consultancy services for handling of solid asphaltene removed in a deasphalting process
Deleted Filing Basis: 1(a)
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


The owner's/holder's current attorney information: John C. Cain. John C. Cain of Munck Wilson Mandala, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      8945 Long Point Road, Suite 120
      Houston, Texas 77055
      United States
The docket/reference number is KBRL-063US.
      The phone number is 713-722-0120.
      The fax number is 713-722-0122.
      The email address is fmtrademarks@munckwilson.com

The owner's/holder's proposed attorney information: John C. Cain. Other appointed attorneys are Amanda Greenspon, Melissa LaBauve, Matt Anderson, John Arnott, Catherine Rifai, Chandler Stephens, Bill Raman, and all other attorneys associated with Munck Wilson Mandala, LLP. John C. Cain of Munck Wilson Mandala, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      8945 Long Point Road, Suite 120
      Houston, Texas 77055
      United States
The docket/reference number is KBRL06300100.
      The phone number is 713-722-0120.
      The fax number is 713-722-0122.
      The email address is tmdocketing@munckwilson.com

John C. Cain submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      John C. Cain
      PRIMARY EMAIL FOR CORRESPONDENCE: fmtrademarks@munckwilson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcain@munckwilson.com

The docket/reference number is KBRL-063US.
Correspondence Information (proposed):
      John C. Cain
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@munckwilson.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jcain@munckwilson.com; kbr@munckwilson.com

The docket/reference number is KBRL06300100.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/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; the signatory is properly authorized to execute the declaration on behalf of the applicant; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Catherine L. Rifai/      Date: 06/02/2022
Signatory's Name: Catherine L. Rifai
Signatory's Position: Associate Attorney, Munck Wilson Mandala LLP, Texas Bar member
Signatory's Phone Number: 713-722-0120

Signature method: Signed directly within the form

Response Signature
Signature: /Catherine L. Rifai/     Date: 06/02/2022
Signatory's Name: Catherine L. Rifai
Signatory's Position: Associate Attorney, Munck Wilson Mandala LLP, Texas Bar member

Signatory's Phone Number: 713-722-0120 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:    John C. Cain
   Munck Wilson Mandala, LLP
   
   8945 Long Point Road, Suite 120
   Houston, Texas 77055
Mailing Address:    John C. Cain
   Munck Wilson Mandala, LLP
   8945 Long Point Road, Suite 120
   Houston, Texas 77055
        
Serial Number: 90742720
Internet Transmission Date: Thu Jun 02 15:31:46 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202206021531467
07874-90742720-800aab1af44355111a38e612f
6f3f11149ff1906b9dfdf4132d8b4ffad8ae28-N
/A-N/A-20220602150444969210