throbber
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
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`The table below presents the data as entered.
`
`Entered
`
`90865485
`
`LAW OFFICE 103
`
`mark
`
`FEEDER OPEX
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`GOODS AND/OR SERVICES SECTION (007) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`007
`
`IC chip mounting device and parts therefor; Electronic component mounting devices and their parts and fittings; Electronic component supply
`apparatus for electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic component mounting
`devices; Equipment for automatically conveying electronic components and component and accessory thereof; Semiconductor manufacturing
`machines and systems; Loading-unloading machines and apparatus
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`        FOREIGN FILING DATE
`
`07/16/2021
`
`GOODS AND/OR SERVICES SECTION (007) (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`007
`
`IC chip mounting device and parts therefor; IC chip mounting machines for the manufacture of electric, electronic and semiconductor devices
`and components, and parts therefor; Electronic component mounting devices and their parts and fittings; Electronic component mounting
`machines for mounting electronic components to circuit boards and their parts and fittings; Electronic component supply apparatus for
`electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic component mounting devices; Equip
`ment for automatically conveying electronic components and component and accessory thereof; Semiconductor manufacturing machines and
`systems; Loading-unloading machines and apparatus
`
`FINAL DESCRIPTION
`
`IC chip mounting machines for the manufacture of electric, electronic and semiconductor devices and components, and parts therefor;
`Electronic component mounting machines for mounting electronic components to circuit boards and their parts and fittings; Electronic
`component supply apparatus for electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic
`component mounting devices; Equipment for automatically conveying electronic components and component and accessory thereof;
`
`

`

`Semiconductor manufacturing machines and systems; Loading-unloading machines and apparatus
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`       FOREIGN FILING DATE
`
`07/16/2021
`
`       INTENT TO
`       PERFECT 44(d)
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration.
`If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a
`valid claim of priority may be retained.
`
`GOODS AND/OR SERVICES SECTION (037) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`037
`
`Repair and maintenance of electronic component manufacturing equipment; Repair and maintenance of electronic component manufacturing
`equipment by remote monitoring and providing information relating thereto; Repair or maintenance of loading-unloading machines and
`apparatus; Repair and maintenance of equipment that automatically transports electronic components; Repair or maintenance of semiconductor
`manufacturing machines and systems; Repair or maintenance of integrated circuits manufacturing machines and systems; Repair or
`maintenance of metalworking machines and tools
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`        FOREIGN FILING DATE
`
`07/16/2021
`
`GOODS AND/OR SERVICES SECTION (037) (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`037
`
`Repair and maintenance of electronic component manufacturing equipment; Repair and maintenance of electronic component manufacturing
`equipment by remote monitoring and providing information relating thereto; Repair or maintenance of loading-unloading machines and
`apparatus; Repair and maintenance of equipment that automatically transports electronic components; Repair or maintenance of semiconductor
`manufacturing machines and systems; Repair or maintenance of integrated circuits manufacturing machines and systems; Repair or
`maintenance of metalworking machines and tools
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`       FOREIGN FILING DATE
`
`07/16/2021
`
`       INTENT TO
`       PERFECT 44(d)
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration.
`If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a
`
`

`

`GOODS AND/OR SERVICES SECTION (040) (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`040
`
`valid claim of priority may be retained.
`
`Rental of electronic component manufacturing equipment and their parts and fittings; Rental of electronic circuit board manufacturing
`equipment and their parts and fittings; Rental of equipment for automatically conveying electronic components and their parts and fittings;
`Rental of equipment for assembling electronic components, electronic circuits, telecommunications equipment, and electronic machines;
`Rental of machinery and equipment for manufacturing electronic components; Rental of semiconductor manufacturing equipment
`
`FILING BASIS
`
`FILING BASIS
`
`        FOREIGN APPLICATION NUMBER
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`        FOREIGN FILING DATE
`
`07/16/2021
`
`GOODS AND/OR SERVICES SECTION (040) (proposed)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`040
`
`Rental of electronic component manufacturing equipment and their parts and fittings; Rental of electronic circuit board manufacturing
`equipment and their parts and fittings; Rental of equipment for automatically conveying electronic components and their parts and fittings;
`Rental of equipment for assembling electronic components, electronic circuits, telecommunications equipment, and electronic machines;
`Rental of machinery and equipment for manufacturing electronic components; Rental of semiconductor manufacturing equipment
`
`        WEBPAGE URL
`
`        WEBPAGE DATE OF ACCESS
`
`FILING BASIS
`
`FILING BASIS
`
`       FOREIGN APPLICATION NUMBER
`
`None Provided
`
`None Provided
`
`Section 1(b)
`
`Section 44(d)
`
`2021-089442
`
`       FOREIGN APPLICATION
`COUNTRY/REGION/JURISDICTION/U.S. TERRITORY
`
`Japan
`
`       FOREIGN FILING DATE
`
`07/16/2021
`
`       INTENT TO
`       PERFECT 44(d)
`
`ADDITIONAL STATEMENTS SECTION
`
`MISCELLANEOUS STATEMENT
`
`At this time, the applicant intends to rely on Section 44(e) as a basis for registration.
`If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a
`valid claim of priority may be retained.
`
`"FEEDER OPEX" appearing in the mark has no significance nor is it a term of art in
`the relevant trade or industry or as used in connection with the
`goods/services/collective membership organization listed in the application.
`Applicant needs additional time to procure a copy of the foreign registration and
`respectfully requests that further action on this application be suspended until a copy
`of the foreign registration is available
`
`CORRESPONDENCE INFORMATION (current)
`
`NAME
`
`SANDRA EPP RYAN
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`trademark@hsml.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`hmccarty@hsml.com
`
`DOCKET/REFERENCE NUMBER
`
`20651.119US0
`
`

`

`CORRESPONDENCE INFORMATION (proposed)
`
`NAME
`
`Sandra Epp Ryan
`
`PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE
`
`trademark@hsml.com
`
`SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)
`
`hmccarty@hsml.com
`
`DOCKET/REFERENCE NUMBER
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`20651.119US0
`
`/Sandra Epp Ryan/
`
`Sandra Epp Ryan
`
`Attorney of record, Minnestota bar member
`
`612.455.3800
`
`05/27/2022
`
`ROLE OF AUTHORIZED SIGNATORY
`
`Authorized U.S.-Licensed Attorney
`
`SIGNATURE METHOD
`
`Sent to third party for signature
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Fri May 27 19:33:20 ET 2022
`
`USPTO/ROA-XX.XXX.XXX.XX-2
`0220527193320742426-90865
`485-800bb8ce03dceeb1c52a2
`9eefb3181a154038487f1024b
`b312afc5aaa3d357ea-N/A-N/
`A-20220527141147268170
`
`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
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 90865485 FEEDER OPEX(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/90865485/large) has been
`amended as follows:
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`
`Applicant proposes to amend the following:
`
`Current:
`Class 007 for IC chip mounting device and parts therefor; Electronic component mounting devices and their parts and fittings; Electronic
`component supply apparatus for electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic
`component mounting devices; Equipment for automatically conveying electronic components and component and accessory thereof;
`Semiconductor manufacturing machines and systems; Loading-unloading machines and apparatus
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide
`intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the
`identified goods/services, 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 or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`
`Tracked Text Description: IC chip mounting device and parts therefor; IC chip mounting machines for the manufacture of electric, electronic
`and semiconductor devices and components, and parts therefor; Electronic component mounting devices and their parts and fittings; Electronic
`component mounting machines for mounting electronic components to circuit boards and their parts and fittings; Electronic component supply
`apparatus for electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic component mounting
`devices; Equipment for automatically conveying electronic components and component and accessory thereof; Semiconductor manufacturing
`machines and systems; Loading-unloading machines and apparatus
`
`Class 007 for IC chip mounting machines for the manufacture of electric, electronic and semiconductor devices and components, and parts
`therefor; Electronic component mounting machines for mounting electronic components to circuit boards and their parts and fittings; Electronic
`component supply apparatus for electronic circuit board manufacturing equipment; Electronic component supply apparatus for electronic
`component mounting devices; Equipment for automatically conveying electronic components and component and accessory thereof;
`Semiconductor manufacturing machines and systems; Loading-unloading machines and apparatus
`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
`
`Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with
`the identified goods/services, 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 or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant
`does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
`
`Applicant proposes to amend the following:
`
`Current:
`Class 037 for Repair and maintenance of electronic component manufacturing equipment; Repair and maintenance of electronic component
`manufacturing equipment by remote monitoring and providing information relating thereto; Repair or maintenance of loading-unloading
`
`

`

`machines and apparatus; Repair and maintenance of equipment that automatically transports electronic components; Repair or maintenance of
`semiconductor manufacturing machines and systems; Repair or maintenance of integrated circuits manufacturing machines and systems; Repair
`or maintenance of metalworking machines and tools
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide
`intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the
`identified goods/services, 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 or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Class 037 for Repair and maintenance of electronic component manufacturing equipment; Repair and maintenance of electronic component
`manufacturing equipment by remote monitoring and providing information relating thereto; Repair or maintenance of loading-unloading
`machines and apparatus; Repair and maintenance of equipment that automatically transports electronic components; Repair or maintenance of
`semiconductor manufacturing machines and systems; Repair or maintenance of integrated circuits manufacturing machines and systems; Repair
`or maintenance of metalworking machines and tools
`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
`
`Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with
`the identified goods/services, 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 or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant
`does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
`
`Applicant proposes to amend the following:
`
`Current:
`
`

`

`Class 040 for Rental of electronic component manufacturing equipment and their parts and fittings; Rental of electronic circuit board
`manufacturing equipment and their parts and fittings; Rental of equipment for automatically conveying electronic components and their parts and
`fittings; Rental of equipment for assembling electronic components, electronic circuits, telecommunications equipment, and electronic machines;
`Rental of machinery and equipment for manufacturing electronic components; Rental of semiconductor manufacturing equipment
`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.
`
`Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide
`intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the
`identified goods/services, 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 or services that meet the certification standards of the applicant,
`and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`
`Proposed:
`Class 040 for Rental of electronic component manufacturing equipment and their parts and fittings; Rental of electronic circuit board
`manufacturing equipment and their parts and fittings; Rental of equipment for automatically conveying electronic components and their parts and
`fittings; Rental of equipment for assembling electronic components, electronic circuits, telecommunications equipment, and electronic machines;
`Rental of machinery and equipment for manufacturing electronic components; Rental of semiconductor manufacturing equipment
`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
`
`Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date,
`the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and
`asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark
`application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use
`of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a
`claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a
`bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with
`the identified goods/services, 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 or services that meet the certification standards of the
`applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Japan application number
`2021-089442 filed 07/16/2021]. 15 U.S.C.Section 1126(d), as amended.
`INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant
`does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
`
`ADDITIONAL STATEMENTS
`Miscellaneous Statement
`"FEEDER OPEX" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with
`
`

`

`the goods/services/collective membership organization listed in the application. Applicant needs additional time to procure a copy of the foreign
`registration and respectfully requests that further action on this application be suspended until a copy of the foreign registration is available
`
`Correspondence Information (current):
`      SANDRA EPP RYAN
`      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
`      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hmccarty@hsml.com
`
`The docket/reference number is 20651.119US0.
`
`Correspondence Information (proposed):
`      Sandra Epp Ryan
`      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@hsml.com
`      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hmccarty@hsml.com
`
`The docket/reference number is 20651.119US0.
`
`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: /Sandra Epp Ryan/     Date: 05/27/2022
`Signatory's Name: Sandra Epp Ryan
`Signatory's Position: Attorney of record, Minnestota bar member
`
`Signatory's Phone Number: 612.455.3800 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 represen

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