Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76607505 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

At the outset, Applicant wishes to thank the Examining Attorney for her time in discussing this application and in particular her helpful suggestions regarding amending the description of goods to overcome the refusal to register based on Section 2(d).  Applicant’s attorney wishes to point out that while not discussed with the Examining Attorney the description of goods now also includes the terminology “atactic polypropylene polymers.”  It is believed that this should pose no problems with respect to the cited registrations since in effect it further limits the scope of Applicant’s description of goods.

 

Applicant respectfully submits that with the amendments to the description of goods there is no likelihood of confusion with the cited registrations since (a) the goods are specifically defined in terms of their makeup, (b) the goods are defined to exclude certain uses specified in the cited registrations, and (c) the goods are specified as being sold to roofing contractors. 

 

In view of the foregoing amendment to the description of goods, it is respectfully requested that the refusal to register be withdrawn and that Applicant’s mark be published for opposition.

Classification and Listing of Goods/Services

Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 001 for roofing adhesives
Original Filing Basis: 1(b).
Proposed: Class 001 for Oxidized asphalt roof adhesives modified with styrene-butadiene-styrene polymers, acrylic polymers or atactic polypropylene polymers not for use as waterproofing sold to roofing contractors in International Class 1.
Filing Basis: 1(b).
Applicant hereby amends the following class of goods/services in the application as follows:
Current: Class 019 for Asphalt, bituminous roof coatings
Original Filing Basis: 1(b).
Proposed: Class 019 for Oxidized asphalt roof coatings modified with styrene-butadiene-styrene polymers, acrylic polymers or atactic polypropylene polymers not for use as a wood preservative or rust preservative sold to roofing contractors in International Class 19.
Filing Basis: 1(b).

Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /C. James Bushman/     Date: 01/19/2007
Signatory's Name: C. James Bushman
Signatory's Position: Attorney of Record
        
Serial Number: 76607505
Internet Transmission Date: Fri Jan 19 12:27:42 EST 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20070119122742
492731-76607505-360ece8e84bc89bcccb11371
d8f5b6d0b2-N/A-N/A-20070119122150107933