PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85612570 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85612570 |
LITERAL ELEMENT |
NATURA |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_1020357-001151420_._NATURA.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\856\125\85612570\xml3\ROA0002.JPG |
DESCRIPTION OF EVIDENCE FILE |
NATURA.PDF consists of arguments in response to the Office Action. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
019 |
DESCRIPTION |
Building materials, namely medium density fiberboard |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1569204 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/16/2012 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
019 |
TRACKED TEXT DESCRIPTION |
Building materials, namely medium density fiberboard; Building
materials, namely medium density fiberboard, not for use with flooring or ceramic tiles. |
FINAL DESCRIPTION |
Building materials, namely medium density fiberboard, not for use with flooring or ceramic tiles. |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1569204 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
03/16/2012 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Matthew Fischer/ |
SIGNATORY'S NAME |
Matthew Fischer |
SIGNATORY'S POSITION |
One of Applicant's Attorneys - Member of the DC Bar |
SIGNATORY'S PHONE NUMBER |
2026253564 |
DATE SIGNED |
02/20/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Feb 20 00:18:32 EST 2013 |
TEAS STAMP |
USPTO/ROA-XX.XX.X.XX-2013
0220001832461638-85612570
-500909da31066ce4187613e5
b37429653cf26a5bd69ff3dd8
f8d11f873d281f79-N/A-N/A-
20130220001151420101 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
85612570 NATURA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85612570) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of NATURA.PDF consists of arguments in response to the Office Action. has been attached.
Original PDF file:
evi_1020357-001151420_._NATURA.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Building materials, namely medium density fiberboard
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of
the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1569204 filed 03/16/2012]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Building materials, namely medium density fiberboard;
Building materials, namely medium density
fiberboard, not for use with flooring or ceramic tiles.Class 019 for Building materials, namely medium density fiberboard, not for use with flooring or ceramic tiles.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide
intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application.
For a
collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority
based upon a foreign application.
For a certification membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to
exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of
the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1569204 filed 03/16/2012]. 15 U.S.C.Section
1126(d), as amended.
SIGNATURE(S)
Response Signature
Signature: /Matthew Fischer/ Date: 02/20/2013
Signatory's Name: Matthew Fischer
Signatory's Position: One of Applicant's Attorneys - Member of the DC Bar
Signatory's Phone Number: 2026253564
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: 85612570
Internet Transmission Date: Wed Feb 20 00:18:32 EST 2013
TEAS Stamp: USPTO/ROA-XX.XX.X.XX-2013022000183246163
8-85612570-500909da31066ce4187613e5b3742
9653cf26a5bd69ff3dd8f8d11f873d281f79-N/A
-N/A-20130220001151420101