Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78536045 has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney issued an Office Action on August 31, 2009 for the subject trademark application serial number 78536045. The Examining Attorney has deemed the specimens are not acceptable because they do not show the applied-for mark in use in commerce.

Applicant submits the attached substitute specimens in the form of a website page that displays the product, and provides a means of ordering the product, which constitutes a "display associated with the goods." The mark appears on the web page in a manner in which the mark is associated with the goods, and the web page provides a means for ordering the goods. 

Applicant respectfully requests the substitute specimen be accepted and the Statement of Use accepted.

EVIDENCE
Evidence in the nature of a website page that displays the product and provides a means of ordering the product, including the online order form and a copy of the web page that displays the product. has been attached.
Original PDF file:
evi_165130136206-143415859_._VERANDA_sub_spec.pdf
Converted PDF file(s) (3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 006 for metal fencing; metal storage buildings; metal ladders; metal ceiling panels and windows; general purpose metal storage units and containers for household and industrial use
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)).

In International Class 006, the mark was first used at least as early as 01/00/2009 and first used in commerce at least as early as 01/00/2009.

Proposed: Class 006 for metal fencing; metal storage buildings; metal ladders; metal ceiling panels and windows; general purpose metal storage units and containers for household and industrial use
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)).

In International Class 006, the mark was first used at least as early as 01/00/2009. and first used in commerce at least as early as 01/00/2009.

Applicant hereby submits a new specimen for Class 006. The specimen(s) submitted consists of a website page that displays the product and provides a means of ordering the product, including the online order form and a copy of the web page that displays the product..
For an application based on 1(b), Intent-to-Use, "The substitute specimen(s) was in use in commerce prior to expiration of the filing deadline for filing a Statement of Use (SOU)."
Original PDF file:
SPU0-165130136206-143415859_._VERANDA_sub_spec.pdf
Converted PDF file(s) (3 pages)
Specimen File1
Specimen File2
Specimen File3

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has 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); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. 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 and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. 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. Section1001, 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. Section1051(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: /Issac T. Lin/      Date: 11/02/2009
Signatory's Name: Issac T. Lin
Signatory's Position: Trademark Administrator

Response Signature
Signature: /Issac T. Lin/     Date: 11/02/2009
Signatory's Name: Issac T. Lin
Signatory's Position: Trademark Administrator

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: 78536045
Internet Transmission Date: Mon Nov 02 14:52:21 EST 2009
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20091102145221
102872-78536045-460366ac6311acb36f8e5054
cf1e3a7993-N/A-N/A-20091102143415859421