Response to Office Action

MODULUS

Homeland Vinyl Products, Inc.

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 78739741
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION (no change)
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 019
DESCRIPTION
PVC fencing, railing, and decking, and related hardware necessary for installation sold as a unit
        FIRST USE ANYWHERE DATE At least as early as 04/17/2007
        FIRST USE IN COMMERCE DATE At least as early as 04/17/2007
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 019
DESCRIPTION
PVC fencing, railing, and decking, and related hardware necessary for installation sold as a unit
       FIRST USE ANYWHERE DATE At least as early as 04/17/2007
       FIRST USE IN COMMERCE DATE At least as early as 04/17/2007
       STATEMENT TYPE "The substitute specimen(s) was in use in commerce as of the filing date of the application."
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT\IMAGEOUT\7 87\397\78739741\xml4\ROA0 002.JPG
       SPECIMEN DESCRIPTION Two separate labels used with products
FILING BASIS Section 1(b)
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_6488163230-153333541_._Signed_Declaration.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT\IMAGEOUT\787\397\78739741\xml4\ROA0003.JPG
SIGNATORY'S NAME Randall Heath
SIGNATORY'S POSITION President
RESPONSE SIGNATURE /cah/
SIGNATORY'S NAME Christopher A. Holland
SIGNATORY'S POSITION Attorney
DATE SIGNED 06/10/2008
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jun 10 15:35:32 EDT 2008
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0080610153532543429-78739
741-4204de93c542e68cdc4ab
6277f1cf831f79-N/A-N/A-20
080610153333541630



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. 78739741 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 019 for PVC fencing, railing, and decking, and related hardware necessary for installation sold as a unit
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 019, the mark was first used at least as early as 04/17/2007 and first used in commerce at least as early as 04/17/2007.

Proposed: Class 019 for PVC fencing, railing, and decking, and related hardware necessary for installation sold as a unit
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 019, the mark was first used at least as early as 04/17/2007. and first used in commerce at least as early as 04/17/2007.

Applicant hereby submits a new specimen for Class 019. The specimen(s) submitted consists of Two separate labels used with products.
For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in commerce as of the filing date of the application."
Specimen File1

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_6488163230-153333541_._Signed_Declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Randall Heath
Signatory's Position: President

Response Signature
Signature: /cah/     Date: 06/10/2008
Signatory's Name: Christopher A. Holland
Signatory's Position: Attorney

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: 78739741
Internet Transmission Date: Tue Jun 10 15:35:32 EDT 2008
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2008061015353254
3429-78739741-4204de93c542e68cdc4ab6277f
1cf831f79-N/A-N/A-20080610153333541630


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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