| 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 |
85899987 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
| MARK SECTION |
| MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85899987 |
| LITERAL ELEMENT |
THERMOTEK |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized drawing of the top of an open umbrella with raindrops falling on the left half of the umbrella, rays of light
reflecting off the right half of the umbrella, and the word THERMOTEK written beneath the umbrella. |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
019 |
| DESCRIPTION |
Acrylic coatings |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/12/2012 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/12/2012 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
019 |
| TRACKED TEXT DESCRIPTION |
Acrylic coatings; Acrylic roof coatings for
waterproofing |
| FINAL DESCRIPTION |
Acrylic roof coatings for waterproofing |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 12/12/2012 |
| FIRST USE IN COMMERCE DATE |
At least as early as 12/12/2012 |
| ADDITIONAL STATEMENTS SECTION |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 2902054. |
| MISCELLANEOUS STATEMENT |
As amended and narrowed hereby, the identification of goods is consistent with the identification previously accepted in connection with
applicant's registration for THERMOTEK and Design, Registration No. 2902054. |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Timothy J. Lockhart/ |
| SIGNATORY'S NAME |
Timothy J. Lockhart |
| SIGNATORY'S POSITION |
Attorney of record, Virginia bar member |
| SIGNATORY'S PHONE NUMBER |
757-628-5582 |
| DATE SIGNED |
01/31/2014 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Jan 31 14:02:42 EST 2014 |
| TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XX-2
0140131140242142238-85899
987-5005cae4b156f48655f61
e2074cc2969ba277b5feb465a
7567d28d2298eb1826b-N/A-N
/A-20140131135920673930 |
| 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.
85899987 THERMOTEK (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85899987) 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 Acrylic coatings
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/12/2012 and first used in commerce at least as early as 12/12/2012 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Acrylic coatings;
Acrylic roof coatings for waterproofingClass 019 for Acrylic roof coatings
for waterproofing
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/12/2012 and first used in commerce at least as early as 12/12/2012 , and
is now in use in such commerce.
ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 2902054.
Miscellaneous Statement
As amended and narrowed hereby, the identification of goods is consistent with the identification previously accepted in connection with applicant's registration for THERMOTEK and Design,
Registration No. 2902054.
SIGNATURE(S)
Response Signature
Signature: /Timothy J. Lockhart/ Date: 01/31/2014
Signatory's Name: Timothy J. Lockhart
Signatory's Position: Attorney of record, Virginia bar member
Signatory's Phone Number: 757-628-5582
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: 85899987
Internet Transmission Date: Fri Jan 31 14:02:42 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2014013114024214
2238-85899987-5005cae4b156f48655f61e2074
cc2969ba277b5feb465a7567d28d2298eb1826b-
N/A-N/A-20140131135920673930