Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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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. 86036079 GEOMATRIX(Standard Characters, see http://uspto.report/TM/86036079/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 011 for Concrete products, namely, countertops, sinks, floors, tile, shower pans, shower walls, flower pots, hearths, mantles, tables, benches, and building foundations

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 (Original Class: 011 ) for Concrete products, namely, countertops, floors, tiles, mantels, and building foundations
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 08/31/2012 and first used in commerce at least as early as 08/31/2012 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 019 . The specimen(s) submitted consists of Photographs of products and product labeling .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):
Specimen File1
Original PDF file:
SPU0-728423938-142729107_._20130813091538188.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-728423938-142729107_._20130813091552193.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 020 for Concrete products, namely, tables and benches
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 08/13/2013 and first used in commerce at least as early as 08/13/2013 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 020 . The specimen(s) submitted consists of Photographs of products .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
GEOMATRIX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


Miscellaneous Statement
Applicant submits this Amendment and Response to the Office Action dated December 4, 2013. At the request of the Office Action, Applicant states that the term "geomatrix" does not have any meaning or significance in the industry in the which the goods are manufactured or provided. The term is not a term of art within Applicant's industry. Applicant has also amended the identification of goods to accept the listing of goods in Class 19. Applicant has also added Class 20 and used the identification of goods set forth in the Office Action. Applicant submits that the application is in condition for allowance. Favorable action is requested hereon.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or mistake, or to deceive.

Signature: /John H. Thomas/      Date: 05/09/2014
Signatory's Name: John H. Thomas
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 804-344-8130


Response Signature
Signature: /John H. Thomas/     Date: 05/09/2014
Signatory's Name: John H. Thomas
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 804-344-8130

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.

        
RAM Sale Number: 86036079
RAM Accounting Date: 05/12/2014
        
Serial Number: 86036079
Internet Transmission Date: Fri May 09 15:17:45 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20140509151745711
069-86036079-50038b6aa0dd3b4f6ef29dc970a
93e997dc1a0cdb31e2898a2b3aa6a8f39ac1c3-C
C-1539-20140509142729107077