| PTO Form (Rev 4/2000) |
| OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
76698626 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
| MARK SECTION (no change) |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
002 |
| DESCRIPTION |
| elastomeric rubber coating for use on the surfaces of residential and commercial buildings and any accompanying structures |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 07/01/2003 |
| FIRST USE IN COMMERCE DATE |
At least as early as 09/18/2003 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
002 |
| DESCRIPTION |
| elastomeric rubber coating for use on roofs, walls and building foundations of residential and commercial buildings and any
accompanying structures |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 07/01/2003 |
| FIRST USE IN COMMERCE DATE |
At least as early as 09/18/2003 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/kevin hayes/ |
| SIGNATORY'S NAME |
Kevin M. Hayes |
| SIGNATORY'S POSITION |
Attorney of Record, Oregon State Bar member |
| DATE SIGNED |
05/11/2010 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Tue May 11 21:26:14 EDT 2010 |
| TEAS STAMP |
USPTO/RFR-XX.XX.XXX.XXX-2
0100511212614991664-76698
626-460bae5c9ec33b3a5c96a
d7e4b4cf2e54ee-N/A-N/A-20
100511174500883610 |
| PTO Form (Rev 4/2000) |
| OMB No. 0651-.... (Exp. 08/31/2004) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
76698626 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 002 for elastomeric rubber coating for use on the surfaces of residential and commercial buildings and any accompanying structures
Original Filing Basis:
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 07/01/2003 and first used in commerce at least as early as 09/18/2003, and is
now in use in such commerce.
Proposed: Class 002 for elastomeric rubber coating for use on roofs, walls and building foundations of residential and commercial buildings and any accompanying structures
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 07/01/2003 and first used in commerce at least as early as 09/18/2003, and is
now in use in such commerce.
SIGNATURE(S)
Request for Reconsideration Signature
Signature: /kevin hayes/ Date: 05/11/2010
Signatory's Name: Kevin M. Hayes
Signatory's Position: Attorney of Record, Oregon 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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
Serial Number: 76698626
Internet Transmission Date: Tue May 11 21:26:14 EDT 2010
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2010051121261499
1664-76698626-460bae5c9ec33b3a5c96ad7e4b
4cf2e54ee-N/A-N/A-20100511174500883610