Response to Office Action

PTO Form 1957 (Rev 5/2006)

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

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PTO Form 1957 (Rev 5/2006)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78530788 has been 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 019 for Lumber, decking material, patching, millwork, screening, glass, fireplace mantels and surrounds, fencing, paneling, concrete, shingles, roofing, gutters, ceilings, windows, doors, storage units, shelving, shutters, garage doors
Original Filing Basis: 1(b).
Proposed: Class 019 for Lumber; decking material, namely composite wood; millwork, exclusive of cabinets; fireplace mantels and surrounds; wood and laminate paneling; concrete; shingles; non-metal doors, non-metal garage doors
Applicant hereby adds the following class of goods/services to the application:
New:
Class 006 for Metal doors; metal garage doors
Section 1(b), 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 withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Fees
Fee(s) in the amount of $325 is being submitted.


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: /Steven M. Levy/      Date: 12/29/2005
Signatory's Name: Steven M. Levy
Signatory's Position: President

Response Signature

Signature: /Steven M. Levy/     Date: 12/29/2005
Signatory's Name: Steven M. Levy
Signatory's Position: President
        
RAM Sale Number: 154
RAM Accounting Date: 12/30/2005
        
Serial Number: 78530788
Internet Transmission Date: Thu Dec 29 15:58:02 EST 2005
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20051229155802
850357-78530788-320f2425cd5a1726393cf3d8
249df2edfa9-DA-154-20051229154402648651