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 |
77318946 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION (no change) |
ARGUMENT(S) |
Applicant herein submits the requested depiction of the mark. This is a substitute specimen. It is the same trademark, but a better
quality image of the trademark that was submitted at the time of the original application. |
EVIDENCE SECTION |
EVIDENCE
FILE NAME(S) |
\\TICRS\EXPORT3\IMAGEOUT3 \773\189\77318946\xml1\RO A0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
scanned image of trademark |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
017 |
DESCRIPTION |
CAULK |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
017 |
DESCRIPTION |
ACRYLIC BASED SEALANT IN THE NATURE OF CAULK FOR USE ON WINDOWS AND SIDING AND IN KITCHENS AND BATHROOMS |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
PRIOR REGISTRATION(S) |
"Applicant claims ownership of U.S. Registration Number(s) 2998143, 2991831." |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Melanye K. Johnson/ |
SIGNATORY'S NAME |
Melanye K. Johnson |
SIGNATORY'S POSITION |
Senior Counsel |
DATE SIGNED |
08/07/2008 |
RESPONSE SIGNATURE |
/Melanye K. Johnson/ |
SIGNATORY'S NAME |
Melanye K. Johnson |
SIGNATORY'S POSITION |
Senior Counsel |
DATE SIGNED |
08/07/2008 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Aug 07 13:07:23 EDT 2008 |
TEAS STAMP |
USPTO/ROA-XX.XXX.X.XX-200
80807130723126213-7731894
6-42071e91d4e3b9c8ea941d7
dde7fe6d372-N/A-N/A-20080
807115047920763 |
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.
77318946 has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant herein submits the requested depiction of the mark. This is a substitute specimen. It is the same trademark, but a better quality image of the trademark that was submitted at
the time of the original application.
EVIDENCE
Evidence in the nature of scanned image of trademark has been attached.
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 017 for CAULK
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 017 for ACRYLIC BASED SEALANT IN THE NATURE OF CAULK FOR USE ON WINDOWS AND SIDING AND IN KITCHENS AND BATHROOMS
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
Claim of Prior Registration(s)
"Applicant claims ownership of U.S. Registration Number(s) 2998143, 2991831."
SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant had 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. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and
2.34(a)(4)(ii). If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed in the
application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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: /Melanye K. Johnson/ Date: 08/07/2008
Signatory's Name: Melanye K. Johnson
Signatory's Position: Senior Counsel
Response Signature
Signature: /Melanye K. Johnson/ Date: 08/07/2008
Signatory's Name: Melanye K. Johnson
Signatory's Position: Senior Counsel
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: 77318946
Internet Transmission Date: Thu Aug 07 13:07:23 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-200808071307231262
13-77318946-42071e91d4e3b9c8ea941d7dde7f
e6d372-N/A-N/A-20080807115047920763