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. 97366128 H HAVERFIELD AVIATION (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9736612 8/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Office Action required clarification of the identification of services in International Class 044. In response, Applicant has amended the recitation of services in International Class 044 to add/include the word "vegetation" such that the now amended International Class 044 recitation is: "Aerial right-of-way vegetation trimming services". Applicant respectfully submits that the now amended services in Class 044 are believed to be definite. The Office Action required disclaimer of the wording "AVIATION". In response, Applicant has adopted the suggested/proffered disclaimer in the following standardized format: No claim is made to the exclusive right to use "AVIATION" apart from the mark as shown. Applicant thanks the Examining Attorney for the suggestion. The Office Action required submission of an amended description of the mark because the original description of the mark is allegedly vague. In response, Applicant has adopted the Examiner's suggested wording. Applicant thanks the Examining Attorney for the suggestion. Applicant respectfully requests reconsideration of the application as amended. The Applicant believes that it has fully responded, no other issues remain, and the application is now in condition for advancement. Please telephone the corresponding attorney if it could help to expedite the resolution of this application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 044 for Aerial right-of-way trimming services
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 04/11/2022 and first used in commerce at least as early as 04/11/2022 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Aerial right-of-way trimming services; Aerial right-of-way vegetation trimming servicesClass 044 for Aerial right-of-way vegetation trimming services
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 04/11/2022 and first used in commerce at least as early as 04/11/2022 , and is now in use in such commerce.

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

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Quanta Associates, L.P., a limited partnership legally organized under the laws of Texas, comprising of QSI, Inc. a corporation organized under the laws of the state of Delaware, having an address of

            Suite 2600      2800 Post Oak Blvd.
      Houston, Texas 77056
      United States
      Email Address: XXXX

Proposed: Quanta Associates, L.P., a limited partnership legally organized under the laws of Texas, comprising of QSI, Inc. a corporation organized under the laws of the state of Delaware, having an address of
      
      2727 North Loop West
      Houston, Texas 77008
      United States
      Email Address: XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use AVIATION apart from the mark as shown.


Description of mark
The mark consists of the stylized wording "HAVERFIELD" above the stylized wording "AVIATION" and adjacent to the stylized letter "H", wherein the stylized letter "H" appears within a circle.
Correspondence Information (current):
      MARK A. OATHOUT
      PRIMARY EMAIL FOR CORRESPONDENCE: mark@oathoutlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elizabeth@oathoutlaw.com

The docket/reference number is PWR263.
Correspondence Information (proposed):
      Mark A. Oathout
      PRIMARY EMAIL FOR CORRESPONDENCE: mark@oathoutlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): elizabeth@oathoutlaw.com

The docket/reference number is PWR263.

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: /Elizabeth Gray/     Date: 11/22/2022
Signatory's Name: Elizabeth Gray
Signatory's Position: Associate Attorney, Oathout Law Firm, Texas Bar member

Signatory's Phone Number: 7135226565 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:    MARK A. OATHOUT
   OATHOUT LAW FIRM
   SUITE 960
   3701 KIRBY DR.
   HOUSTON, Texas 77098
Mailing Address:    Mark A. Oathout
   OATHOUT LAW FIRM
   SUITE 960
   3701 KIRBY DR.
   HOUSTON, Texas 77098
        
Serial Number: 97366128
Internet Transmission Date: Tue Nov 22 17:33:52 ET 2022
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XXX:XXXX-20221122173352954465-97366128-8
00b9b09229c6a979597f0a3a057ffb5bcb2f6572
4e6118ff4d91379bff3f4746-N/A-N/A-2022112
2165753565215