Response to Office Action

THE BLOCK

SCHWEERS, JOLEEN ELAINE

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76676364
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 008
DESCRIPTION
HAND TOOLS, NAMELY, DRIVING CAPS OR BLOCKS FOR DRIVING VINYL FENCE POSTS
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 008
DESCRIPTION
HAND TOOLS, NAMELY, DRIVING CAPS FOR DRIVING VINYL FENCE POSTS
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of the words "The" in title case and above the word "BLOCK" in uppercase and slanted upwards from left to right.
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
MISCELLANEOUS STATEMENT Please delete the disclaimer currently of record. Color is not claimed as a feature of the mark.
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /indhira a. lapuma/
SIGNATORY'S NAME Indhira A. LaPuma
SIGNATORY'S POSITION Attorney of record, Nebraska State Bar member
DATE SIGNED 11/24/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 24 10:46:08 EST 2008
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0081124104608065989-76676
364-430f41583893fa1a7adfe
84ee8f0421a86-N/A-N/A-200
81124103041618974



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. 76676364 has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 008 for HAND TOOLS, NAMELY, DRIVING CAPS OR BLOCKS FOR DRIVING VINYL FENCE POSTS
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Proposed: Class 008 for HAND TOOLS, NAMELY, DRIVING CAPS FOR DRIVING VINYL FENCE POSTS
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the words "The" in title case and above the word "BLOCK" in uppercase and slanted upwards from left to right.

Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.

Please delete the disclaimer currently of record. Color is not claimed as a feature of the mark.

SIGNATURE(S)
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: /indhira a. lapuma/     Date: 11/24/2008
Signatory's Name: Indhira A. LaPuma
Signatory's Position: Attorney of record, Nebraska State Bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the applicant in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76676364
Internet Transmission Date: Mon Nov 24 10:46:08 EST 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2008112410460806
5989-76676364-430f41583893fa1a7adfe84ee8
f0421a86-N/A-N/A-20081124103041618974



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