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. 97058562 COLOR KEY 1" 7/8" 3/4" 5/8" 1/2" 3/8" 1/4" 1/8" LEFT & RIGHT EAR (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9705856 2/large) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: COLOR KEY 1" 7/8" 3/4" 5/8" 1/2" 3/8" 1/4" 1/8" LEFT & RIGHT EAR (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9705856 2/large)
Proposed: COLOR KEY 1" 7/8" 3/4" 5/8" 1/2" 3/8" 1/4" 1/8" LEFT & RIGHT EAR (Stylized and/or with Design, see mark)
The color(s) light-blue, green, lavender, yellow, orange, blue, purple, red, and black is/are claimed as a feature of the mark.
The mark consists of the black wording COLOR KEY with a series of vertically spaced, parallel rectangular bars with rounded ends and each of the bars having a different color; the color of the bars being light-blue with 1" thereon, green with 7/8" thereon, lavender with 3/4" thereon, yellow with 5/8" in black marked thereon, orange with 1/2" thereon, blue with 3/8" thereon, purple with 1/4" thereon, red with 1/8" thereon, and black with LEFT & RIGHT EAR marked thereon.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 008 for Electric hand implements for grooming, namely, electric hair cutting devices in the nature of hair clippers having a motor and a movable blade
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 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Electric hand implements for grooming, namely, electric hair cutting devices in the nature of hair clippers having a motor and a movable blade; Electric hand implements for grooming, namely, electric hair cutting devices in the nature of hair clippers and hair trimmers having a motor and a movable bladeClass 008 for Electric hand implements for grooming, namely, electric hair cutting devices in the nature of hair clippers and hair trimmers having a motor and a movable blade
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 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.

Webpage URL: None Provided
Webpage Date of Access: None Provided

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "COLOR KEY, 1", 7/8", 3/4", 5/8", 1/2", 3/8", 1/4", 1/8" and LEFT & RIGHT EAR" apart from the mark as shown.

Correspondence Information (current):
      LAWRENCE J. CRAIN
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@gbclaw.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smelby@gbclaw.net

The docket/reference number is 6821.146363.
Correspondence Information (proposed):
      Lawrence J. Crain
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@gbclaw.net
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): smelby@gbclaw.net

The docket/reference number is 6821.146363.

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: /Lawrence J. Crain/     Date: 04/04/2022
Signatory's Name: CRAIN, Lawrence J.
Signatory's Position: U.S. Attorney of Record, State of IL Bar Member

Signatory's Phone Number: 312-987-4002 Signature method: Sent to third party for signature

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:    LAWRENCE J. CRAIN
   GREER, BURNS & CRAIN, LTD.
   SUITE 2500
   300 SOUTH WACKER DRIVE
   CHICAGO, Illinois 60606
Mailing Address:    Lawrence J. Crain
   GREER, BURNS & CRAIN, LTD.
   SUITE 2500
   300 SOUTH WACKER DRIVE
   CHICAGO, Illinois 60606
        
Serial Number: 97058562
Internet Transmission Date: Mon Apr 04 12:43:10 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202204041243108
63336-97058562-800f5c95c76ed657eb2f815d6
f8b028a7720bdb5ad79416f9386fe9e18b2536ed
2-N/A-N/A-20220404093711228405