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. 86136334 VISI-ULTRA(Standard Characters, see http://uspto.report/TM/86136334/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

By this response, Applicant has corrected its entity status to reflect that it is indeed a Delaware limited liability company.  Applicant has also added a claim to ownership of the registrations cited in connection with the Section 2(d) likelihood of confusion refusal.  Because Applicant is the owner of the cited registrations, there is no likely confusion with registered marks owned by a third party.

Applicant has also amended the description of the goods in the manner kindly suggested by the Examining Attorney.

Applicant submits that with the amendments noted above, this application is in condition for allowance.  Approval and passing of this application to publication is respectfully solicited. 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for retroreflective media, namely, retroreflective glass beads for marking pavement such as highways and roads; mixtures of retroreflective glass
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 11/20/2013 and first used in commerce at least as early as 11/20/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: retroreflective media, namely, retroreflective glass beads for marking pavement such as highways and roads; mixtures of retroreflective glass; mixtures of retroreflective glass for marking pavement such as highways and roadsClass 019 for retroreflective media, namely, retroreflective glass beads for marking pavement such as highways and roads; mixtures of retroreflective glass for marking pavement such as highways and roads
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 11/20/2013 and first used in commerce at least as early as 11/20/2013 , and is now in use in such commerce.
APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Potters Industries, LLC, a corporation of Delaware, having an address of
      Suite 200
      Wilmington, Delaware 19808
      United States

Proposed: Potters Industries, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      Suite 200
      Wilmington, Delaware 19808
      United States

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4472102, 1502914, 3814033, and others.


SIGNATURE(S)
Response Signature
Signature: /Michael L Dever/     Date: 03/28/2014
Signatory's Name: Michael L Dever
Signatory's Position: attorney of record, Pennsylvania bar memeber

Signatory's Phone Number: 412-562-1637

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: 86136334
Internet Transmission Date: Fri Mar 28 12:05:56 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201403281205569
44901-86136334-50049f22a5b4eceb6be61e5b3
88759429ec68e3b6036f5f2180b22d7970db6ec0
-N/A-N/A-20140328114720574119