Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86696818 PETRA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86696818/large) has been amended as follows:

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

By the office action of October 26, 2015, the examining attorney refused registration under Section 2(d) because of a likelihood of confusion with the mark of registration 2,223,901. Marks are compared in their entireties and are not dissected into separate elements for the purposes of determining a likelihood of confusion. The marks PETRA and PETRAFLEX create overall different commercial impressions. Registrant's goods include concrete blocks for revetments which are used to form a retaining wall. Applicant's amended identification includes structural slabs. Registrant's goods form the end product of a retaining wall, whereas applicant's goods are specialized slabs which are structural in nature. For these reasons, it is believed the examining attorney's refusal under Section 2(d) should be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Concrete building materials, namely, blocks, slabs and panels
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.

Proposed:
Tracked Text Description: Concrete building materials, namely, blocks, slabs and panels; Insulated structural autoclaved aerated concrete slabsClass 019 for Insulated structural autoclaved aerated concrete slabs
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.

SIGNATURE(S)
Response Signature
Signature: /Walter A. Rodgers/     Date: 04/25/2016
Signatory's Name: Walter A. Rodgers
Signatory's Position: Attorney of Record

Signatory's Phone Number: 404-705-9299

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86696818
Internet Transmission Date: Mon Apr 25 15:58:24 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20160425155824
041081-86696818-5506b68b9f7dce04ae127bf4
1c2057977f72a335dd5aa63349507633dfbf4210
ce-N/A-N/A-20160425155239471185