| 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 |
85653864 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 101 |
| MARK SECTION |
| MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85653864 |
| LITERAL ELEMENT |
INVINCIBLE |
| 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) |
Applicant would contend that coatings for roofs, walls, foundations, windows and doors should fall into Class 19, regardless of the kind of
coating. Examples of prior registrations which have found this to be the case include:
* GARDNER, Reg. No. 3113829, Class 19: "Asphalt, elastomeric and aluminized coatings and cements for sealing and repairing roofs, driveways, mobile homes and foundations"
* RE-NEW IT, Reg. No. 3076634, Class 19: "Elastomeric coatings for use on roofs, walls, foundations, decks and mobile homes"
* APOC, Reg. No. 3028760, Class 19: "Asphalt-based, tar-based, bitumen-based, elastomeric and aluminized coatings for use on roofs, pavement, driveways, walls, foundations, decks and mobile homes;
waterproofing panels for use on roofs"
Applicant would also contend that the term "elastomeric sealant" is proper. Similar terms are found frequenly in the ID manual, such as:
* Resin-based sealants for use on roofs, walls and pavements
* Sealants for buildings
* Silicone based sealants and adhesives
* Asphalt-based coatings and sealants
Applicant therefore requests that this refusal be reconsidered, and the application approved for publication.
|
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Brian Gibbons/ |
| SIGNATORY'S NAME |
Brian Gibbons |
| SIGNATORY'S POSITION |
Attorney of record, FL bar member |
| DATE SIGNED |
04/01/2013 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Mon Apr 01 21:35:36 EDT 2013 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20130401213536206530-8565
3864-500e6f08aaea3df3660f
2c82cfca174544337b9a34da0
29443843e4a1ce7209665-N/A
-N/A-20130401213418339246 |
| 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.
85653864 INVINCIBLE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85653864) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant would contend that coatings for roofs, walls, foundations, windows and doors should fall into Class 19, regardless of the kind of coating. Examples of prior registrations which have
found this to be the case include:
* GARDNER, Reg. No. 3113829, Class 19: "Asphalt, elastomeric and aluminized coatings and cements for sealing and repairing roofs, driveways, mobile homes and foundations"
* RE-NEW IT, Reg. No. 3076634, Class 19: "Elastomeric coatings for use on roofs, walls, foundations, decks and mobile homes"
* APOC, Reg. No. 3028760, Class 19: "Asphalt-based, tar-based, bitumen-based, elastomeric and aluminized coatings for use on roofs, pavement, driveways, walls, foundations, decks and mobile homes;
waterproofing panels for use on roofs"
Applicant would also contend that the term "elastomeric sealant" is proper. Similar terms are found frequenly in the ID manual, such as:
* Resin-based sealants for use on roofs, walls and pavements
* Sealants for buildings
* Silicone based sealants and adhesives
* Asphalt-based coatings and sealants
Applicant therefore requests that this refusal be reconsidered, and the application approved for publication.
SIGNATURE(S)
Response Signature
Signature: /Brian Gibbons/ Date: 04/01/2013
Signatory's Name: Brian Gibbons
Signatory's Position: Attorney of record, FL bar member
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: 85653864
Internet Transmission Date: Mon Apr 01 21:35:36 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201304012135362
06530-85653864-500e6f08aaea3df3660f2c82c
fca174544337b9a34da029443843e4a1ce720966
5-N/A-N/A-20130401213418339246