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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87560688 MJ (Stylized and/or with Design, see http://uspto.report/TM/87560688/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: MJ (Stylized and/or with Design, see http://uspto.report/TM/87560688/mark.png)
Proposed: MJ (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the stylized letters "MJ" with an inverted V-shape representing the roof of a structure and constituting an angled top bar of the "J" and with an extension of the left side of the "M" depicting a chimney, the bottom of the "J" curves to form a line under the letter "M" with a series of straight lines going across the bottom portion of the "J".

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

This Amendment is responsive to the non-final Office Action e-mailed from the United States Patent and Trademark Office on November 8, 2017.

Applicant acknowledges, with appreciation, the statement by the Examining Attorney that no conflicting marks were uncovered in her searches of the Office records.

The Examining Attorney objected to the quality of the drawing.  A new drawing is submitted to overcome the objection by the Examining Attorney.

The Examining Attorney also objected to the definition and classification of services.  In this Amendment applicant has complied with the suggested changes proposed by the Examining Attorney.

The Examining Attorney also objected to the description of the mark and suggested modifications.  In this Amendment applicant has adopted the modifications suggested by the Examining Attorney.

In view of the Amendments and substitute drawing applicant submits that this application is in condition for publication and respectfully requests an indication to that effect.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 037 for on-line sales of carpeting and other flooring

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 037 ) for online wholesale and retail store services featuring carpeting and other flooring
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: /Martin L. Faigus/     Date: 05/07/2018
Signatory's Name: Martin L. Faigus
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-567-2010

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: 87560688
Internet Transmission Date: Mon May 07 15:40:05 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2018050715400566
2864-87560688-610ab41235a1c6f8572d1896f9
e1c97bd54562813636261fcfb63c927f3744a-N/
A-N/A-20180507143718365718