Response to Office Action

ICESTONE

IceStone, LLC

Response to Office Action

PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76597584
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (1st class)(current)
INTERNATIONAL CLASS 011
DESCRIPTION Bath tubs; Shower enclosures
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
GOODS AND/OR SERVICES SECTION (1st class)(proposed)
INTERNATIONAL CLASS 011
DESCRIPTION Bath tubs; Shower enclosures
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\765\975\76597584\xml4\ ROA0002.JPG
        SPECIMEN DESCRIPTION scanned labels
GOODS AND/OR SERVICES SECTION (2nd class)(current)
INTERNATIONAL CLASS 019
DESCRIPTION
Aggregate material composed of glass and cement for flooring, walls, furniture, kitchen appliances and bathroom appliances; Non-metal cladding for building and construction; Engineered stone for building and construction; Concrete; Concrete building materials, namely, blocks, bricks, posts, poles, sheets, pieces, slabs and panels; Building materials composed of a glass and cement compound; Concrete walls for buildings; Concrete blocks; Concrete beams; Slabs of glass and cement compound; Mantels of aggregate material composed of glass and cement for fireplaces; Fireplace surrounds; Floor panels; Wall panels not of metal; Tiles of glass and cement for wall, floor or ceiling
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
GOODS AND/OR SERVICES SECTION (2nd class)(proposed)
INTERNATIONAL CLASS 019
DESCRIPTION
Aggregate material composed of glass and cement for flooring, walls, furniture, kitchen appliances and bathroom appliances; Non-metal cladding for building and construction; Engineered stone for building and construction; Concrete; Concrete building materials, namely, blocks, bricks, posts, poles, sheets, pieces, slabs and panels; Building materials composed of a glass and cement compound; Concrete walls for buildings; Concrete blocks; Concrete beams; Slabs of glass and cement compound; Mantels of aggregate material composed of glass and cement for fireplaces; Fireplace surrounds; Floor panels; Wall panels not of metal; Tiles of glass and cement for wall, floor or ceiling
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\765\975\76597584\xml4\ ROA0003.JPG
        SPECIMEN DESCRIPTION scanned labels
GOODS AND/OR SERVICES SECTION (3rd class)(current)
INTERNATIONAL CLASS 020
DESCRIPTION
Furniture; Office furniture; Benches; Furniture parts, namely, countertops, table tops, table leaves, desk tops, vanity tops, dresser tops, arm rests
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 10/01/1999
        FIRST USE IN COMMERCE DATE 10/01/1999
GOODS AND/OR SERVICES SECTION (3rd class)(proposed)
INTERNATIONAL CLASS 020
DESCRIPTION
Furniture; Office furniture; Benches; Furniture parts, namely, countertops, table tops, table leaves, desk tops, vanity tops, dresser tops, arm rests
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 10/01/1999
        FIRST USE IN COMMERCE DATE 10/01/1999
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\765\975\76597584\xml4\ ROA0004.JPG
        SPECIMEN DESCRIPTION scanned labels
GOODS AND/OR SERVICES SECTION (4th class)(current)
INTERNATIONAL CLASS 027
DESCRIPTION
Resilient hard surface covering for floors, walls and other surfaces; non-textile wall hangings; resilient hard surface covering used as a backsplash
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 10/01/1999
        FIRST USE IN COMMERCE DATE 10/01/1999
GOODS AND/OR SERVICES SECTION (4th class)(proposed)
INTERNATIONAL CLASS 027
DESCRIPTION
Resilient hard surface covering for floors, walls and other surfaces; non-textile wall hangings; resilient hard surface covering used as a backsplash
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 10/01/1999
        FIRST USE IN COMMERCE DATE 10/01/1999
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\765\975\76597584\xml4\ ROA0005.JPG
        SPECIMEN DESCRIPTION scanned labels
GOODS AND/OR SERVICES SECTION (5th class)(current)
INTERNATIONAL CLASS 040
DESCRIPTION
Manufacture of furniture parts, namely, countertops, table tops and other flat surface parts, to order and/or specification of others
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
GOODS AND/OR SERVICES SECTION (5th class)(proposed)
INTERNATIONAL CLASS 040
DESCRIPTION
Manufacture of furniture parts, namely, countertops, table tops and other flat surface parts, to order and/or specification of others
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE 06/01/2003
        FIRST USE IN COMMERCE DATE 06/01/2003
        STATEMENT TYPE The substitute specimen(s) was in use in commerce as of the filing date of the application.
        SPECIMEN FILE NAME(S) \\TICRS\EXPORT11\IMAGEOUT 11\765\975\76597584\xml4\ ROA0006.JPG
        SPECIMEN DESCRIPTION Letter advertising services
ADDITIONAL STATEMENTS SECTION
PRIOR REGISTRATION(S) Applicant claims ownership of U.S. Registration Number(s) 2464367.
SIGNATURE SECTION
DECLARATION SIGNATURE /Helen D. Reavis/
SIGNATORY NAME Helen D. Reavis
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 02/04/2005
RESPONSE SIGNATURE /Helen D. Reavis/
SIGNATORY NAME Helen D. Reavis
SIGNATORY POSITION Attorney for Applicant
SIGNATURE DATE 02/04/2005
FILING INFORMATION SECTION
SUBMIT DATE Fri Feb 04 13:08:55 EST 2005
TEAS STAMP USPTO/OA-XXXXXXXXX-200502
04130855870087-76597584-2
009c5f9ade9ef2ba914c45412
673de36e6-N-N-20050204130
355508585



PTO Form 1957 (Rev 8/2005)
OMB Control #0651-0050 (Exp. 04/30/2006)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 76597584 is amended as follows:    
        
Classification and Listing of Goods/Services
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 011 for Bath tubs; Shower enclosures
Original Filing Basis: 1(a).
Proposed: Class 011 for Bath tubs; Shower enclosures
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 011.
The specimen(s) submitted consists of scanned labels.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 019 for Aggregate material composed of glass and cement for flooring, walls, furniture, kitchen appliances and bathroom appliances; Non-metal cladding for building and construction; Engineered stone for building and construction; Concrete; Concrete building materials, namely, blocks, bricks, posts, poles, sheets, pieces, slabs and panels; Building materials composed of a glass and cement compound; Concrete walls for buildings; Concrete blocks; Concrete beams; Slabs of glass and cement compound; Mantels of aggregate material composed of glass and cement for fireplaces; Fireplace surrounds; Floor panels; Wall panels not of metal; Tiles of glass and cement for wall, floor or ceiling
Original Filing Basis: 1(a).
Proposed: Class 019 for Aggregate material composed of glass and cement for flooring, walls, furniture, kitchen appliances and bathroom appliances; Non-metal cladding for building and construction; Engineered stone for building and construction; Concrete; Concrete building materials, namely, blocks, bricks, posts, poles, sheets, pieces, slabs and panels; Building materials composed of a glass and cement compound; Concrete walls for buildings; Concrete blocks; Concrete beams; Slabs of glass and cement compound; Mantels of aggregate material composed of glass and cement for fireplaces; Fireplace surrounds; Floor panels; Wall panels not of metal; Tiles of glass and cement for wall, floor or ceiling
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 019.
The specimen(s) submitted consists of scanned labels.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 020 for Furniture; Office furniture; Benches; Furniture parts, namely, countertops, table tops, table leaves, desk tops, vanity tops, dresser tops, arm rests
Original Filing Basis: 1(a).
Proposed: Class 020 for Furniture; Office furniture; Benches; Furniture parts, namely, countertops, table tops, table leaves, desk tops, vanity tops, dresser tops, arm rests
Section 1(a), Use in Commerce: The mark was first used at least as early as 10/01/1999 and first used in commerce at least as early as 10/01/1999, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 020.
The specimen(s) submitted consists of scanned labels.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 027 for Resilient hard surface covering for floors, walls and other surfaces; non-textile wall hangings; resilient hard surface covering used as a backsplash
Original Filing Basis: 1(a).
Proposed: Class 027 for Resilient hard surface covering for floors, walls and other surfaces; non-textile wall hangings; resilient hard surface covering used as a backsplash
Section 1(a), Use in Commerce: The mark was first used at least as early as 10/01/1999 and first used in commerce at least as early as 10/01/1999, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 027.
The specimen(s) submitted consists of scanned labels.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 040 for Manufacture of furniture parts, namely, countertops, table tops and other flat surface parts, to order and/or specification of others
Original Filing Basis: 1(a).
Proposed: Class 040 for Manufacture of furniture parts, namely, countertops, table tops and other flat surface parts, to order and/or specification of others
Section 1(a), Use in Commerce: The mark was first used at least as early as 06/01/2003 and first used in commerce at least as early as 06/01/2003, and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040.
The specimen(s) submitted consists of Letter advertising services.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen-1
        
 
Additional Statements
Applicant claims ownership of U.S. Registration Number(s) 2464367.
Declaration Signature
The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. §1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.
        
Signature: /Helen D. Reavis/      Date: 02/04/2005
Signatory's Name: Helen D. Reavis
Signatory's Position: Attorney for Applicant
        
Response Signature
        
Signature: /Helen D. Reavis/     Date: 02/04/2005
Signatory's Name: Helen D. Reavis
Signatory's Position: Attorney for Applicant
        
        
        
Serial Number: 76597584
Internet Transmission Date: Fri Feb 04 13:08:55 EST 2005
TEAS Stamp: USPTO/OA-XXXXXXXXX-20050204130855870087-
76597584-2009c5f9ade9ef2ba914c45412673de
36e6-N-N-20050204130355508585



Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

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