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. 86876180 RENOVA (Stylized and/or with Design, see http://uspto.report/TM/86876180/mark.png) 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 007 for Asphalt paving machines; equipment for use in road construction and repair and equipment for use in the recycling of asphalt paving materials, namely, paving machines, milling machines, drum mixers, recycling machines; Portable, stationary and relocatable asphalt manufacturing and processing plants and recycled asphalt processing plants; recycled asphalt storage; portable and stationary plants for mixing asphalt cement with crumb rubber, polymers and other additives
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 03/09/2015 and first used in commerce at least as early as 03/09/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Asphalt paving machines; equipment for use in road construction and repair and equipment for use in the recycling of asphalt paving materials, namely, paving machines, milling machines, drum mixers, recycling machines; equipment for use in road construction and repair and for use in the recycling of asphalt paving materials, namely, asphalt paving machines, milling machines, asphalt drum mixers, asphalt recycling machines; Portable, stationary and relocatable asphalt manufacturing and processing plants and recycled asphalt processing plants; Portable, stationary and relocatable asphalt manufacturing and processing machines comprised of asphalt mixers; recycled asphalt storage; and recycled asphalt processing machines comprised of asphalt mixers; portable and stationary plants for mixing asphalt cement with crumb rubber, polymers and other additives; portable and stationary machines for mixing asphalt cement with crumb rubber, polymers and other additives comprised of asphalt mixers.Class 007 for Asphalt paving machines; equipment for use in road construction and repair and for use in the recycling of asphalt paving materials, namely, asphalt paving machines, milling machines, asphalt drum mixers, asphalt recycling machines; Portable, stationary and relocatable asphalt manufacturing and processing machines comprised of asphalt mixers; and recycled asphalt processing machines comprised of asphalt mixers; portable and stationary machines for mixing asphalt cement with crumb rubber, polymers and other additives comprised of asphalt mixers.
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 03/09/2015 and first used in commerce at least as early as 03/09/2015 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 007 . The specimen(s) submitted consists of Specimen consists of a photograph showing the mark on the actual goods. .
"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

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use the RECYCLING SYMBOL apart from the mark as shown.


Color Claim
The color(s) white and green is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized word "RENOVA" in green with the universal recycling symbol in white inside the "O" of "RENOVA".

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. § 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 allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have 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/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /John Hazlehurst/      Date: 11/07/2016
Signatory's Name: John Hazlehurst
Signatory's Position: Attorney of record, North Carolina bar member.
Signatory's Phone Number: 704-556-1101


Response Signature
Signature: /John Hazlehurst/     Date: 11/07/2016
Signatory's Name: John Hazlehurst
Signatory's Position: Attorney of record, North Carolina bar member

Signatory's Phone Number: 704-965-2265

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: 86876180
Internet Transmission Date: Mon Nov 07 18:06:34 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201611071806347184
21-86876180-5709484326cb60415bf4aaea3ec0
2a8c87da62121f9ec57f5433fbb4d37ee7be-N/A
-N/A-20161107175947741963