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. 88000465 RIBBON(Standard Characters, see http://uspto.report/TM/88000465/mark.png) has been amended as follows:

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

Applicant is in receipt of the Office action of October 3, 2018, wherein the Examining Attorney issued a 2(d) refusal and a request for clarification of the goods identification and an acceptable copy of the foreign registration. Applicant submits a certified copy of the foreign registration and has amended the goods, retaining only the recited goods in International Class 019.  Accordingly, Applicant submits that the amended goods identification has rendered moot the 2(d) refusal and is sufficiently definite to place the mark in condition for publication, approval of which is hereby requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 006 for METALLIC BUILDING MATERIALS; EXTRUSIONS, PROFILES, SECTIONS AND SHAPED SECTIONS OF METAL; ALUMINUM EXTRUSIONS AND PROFILES; SECTIONS AND SHAPED SECTIONS OF ALUMINUM; EXTRUDED ALUMINUM SECTIONS, PROFILED ALUMINUM SECTIONS; CORNER PROFILES, JOINING PROFILES AND STACKING PROFILES OF METAL; SEALING PROFILES OF METAL; METAL TRIMS; DECORATIVE STRIPS AND EDGING STRIPS OF METAL; FASTENINGS; METALLIC CHANGING ROOMS; SMALL ITEMS OF METAL HARDWARE; METALLIC DECORATIVE MOULDINGS, DECORATIVE STRIPS AND DECORATIVE EXTRUSIONS; PARTS, FITTINGS AND ACCESSORIES FOR THE AFORESAID GOODS; (Based on 44(e)) PARTITIONS OF METAL; SCREENS OF METAL NOT INCLUDED IN OTHER CLASSES; REINFORCING MATERIALS OF METAL FOR BUILDING; BUILDING PANELS OF METAL; CASEMENT WINDOWS OF METAL; KEYS; WALL CLADDINGS OF METAL; WALL LININGS OF METAL; WINDOW FASTENERS AND FRAMES OF METAL; WINDOW PULLEYS

Applicant hereby deletes the following class of goods/services from the application.
Class 011 for APPARATUS AND INSTALLATIONS FOR WATER SUPPLY AND SANITARY PURPOSES; BATH INSTALLATIONS; SHOWER INSTALLATIONS; BATH CUBICLES; BATH PANELS; BATH SCREENS; SHOWER CUBICLES; SHOWER ENCLOSURES; SHOWER PANELS; SHOWER SCREENS; SHOWER STALLS; SHOWER TRAYS; TOILET CUBICLES; TOILET ENCLOSURES; PANELS FOR BATHROOMS; PANELS FOR SHOWER ROOMS; PANELS FOR SHOWER ENCLOSURES; PANELS FOR SHOWER CUBICLES; PANELS FOR TOILET CUBICLES; PANELS FOR TOILET ENCLOSURES; PARTITIONS AND PANELLING FOR USE WITH COMMERCIAL AND DOMESTIC SHOWERS, TOILETS AND BATHROOMS; SHOWER PARTITIONS AND PANELLING FOR USE WITH COMMERCIAL AND DOMESTIC CHANGING ROOMS; PARTS, FITTINGS AND ACCESSORIES FOR THE AFORESAID GOODS

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for NON-METALLIC BUILDING MATERIALS; EXTRUSIONS, PROFILES, SECTIONS AND SHAPED SECTIONS OF NON-METALLIC MATERIAL; CONSTRUCTION ELEMENTS OF TIMBER; NON-METALLIC WALL PANELS; FACING PANELS; CLADDING PANELS; DECORATIVE PANELS; DECORATIVE WALL AND CEILING PANELS; COMPOSITE BOARDS, SHEETS AND PANELS; LAMINATE BOARDS, SHEETS AND PANELS; PLASTICS-COATED FIBREBOARD PANELS FOR USE IN BUILDING AND CONSTRUCTION; SKIRTING; CORNICES; NON-METALLIC DECORATIVE MOULDINGS, DECORATIVE STRIPS, DECORATIVE EXTRUSIONS; SEALANTS; NON-METALLIC WATERPROOF WALL PANELS, WALL COVERINGS, WATERPROOF WALL COVERINGS, WALL LININGS, WALL PANELS AND WALL LININGS FOR USE IN COMMERCIAL AND DOMESTIC BATHROOMS, SHOWER ROOMS, TOILETS AND CHANGING ROOMS; CEILINGS; CLADDING; FACINGS AND FASCIA BOARD; COVERINGS; CONNECTORS; EDGE AND END PIECES; CHANGING ROOMS OF NON-METALLIC MATERIALS; NON-METALLIC TILES AND PANELS, ALL FOR WALLS, SURFACES OR PARTITIONS; NON-METALLIC LAMINATED TILES, STRIPS, PANELS AND BOARDS, ALL FOR WALLS, SURFACES AND PARTITIONS; NON-METALLIC PANELS FOR KITCHENS; PARTS, FITTINGS AND ACCESSORIES FOR THE AFORESAID GOODS; (Based on 44(e)) NON METALLIC CUBICLES FOR LAVATORIES; PARTITIONS NOT OF METAL; NON-METALLIC PANELLING SYSTEMS INCLUDED IN THIS CLASS, NON-METALLIC CLADDING SYSTEMS AND NON-ELECTRIC AND NON-METALLIC DUCTING SYSTEMS; NON-METALLIC ROOFING SYSTEMS; NON-METALLIC DOORS, NON-METALLIC WINDOWS, NON-METALLIC CASINGS, FRAMES AND SURROUNDS FOR DOORS AND WINDOWS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000253481 registered 12/18/2009 with a renewal date of __________ and an expiration date of 12/18/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: NON-METALLIC BUILDING MATERIALS; NON-METALLIC BUILDING MATERIALS, NAMELY, PARTITIONS, CUBICLES AND COMPARTMENTS FOR TOILETS, URINALS, DRESSING, CHANGING, RESTING AND PRIVACY, INCLUDING TOILET, URINAL, DRESSING, CHANGING, RESTING AND PRIVACY ROOMS, COMPRISING ONE OR MORE OF THE FOLLOWING: WALL PANELS, VERTICAL DIVIDER PANELS, DOORS, VERTICAL SCREENS, AND VERTICAL FASCIA PANELS, FOR USE IN THE NON-RESIDENTIAL INDUSTRY; EXTRUSIONS, PROFILES, SECTIONS AND SHAPED SECTIONS OF NON-METALLIC MATERIAL; NON-METALLIC CUBICLES FOR LAVATORIES; CONSTRUCTION ELEMENTS OF TIMBER; PARTITIONS NOT OF METAL; NON-METALLIC WALL PANELS; NON-METALLIC PANELLING SYSTEMS INCLUDED IN THIS CLASS, NON-METALLIC CLADDING SYSTEMS AND NON-ELECTRIC AND NON-METALLIC DUCTING SYSTEMS; FACING PANELS; NON-METALLIC ROOFING SYSTEMS; CLADDING PANELS; NON-METALLIC DOORS, NON-METALLIC WINDOWS, NON-METALLIC CASINGS, FRAMES AND SURROUNDS FOR DOORS AND WINDOWS; DECORATIVE PANELS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS; DECORATIVE WALL AND CEILING PANELS; COMPOSITE BOARDS, SHEETS AND PANELS; LAMINATE BOARDS, SHEETS AND PANELS; PLASTICS-COATED FIBREBOARD PANELS FOR USE IN BUILDING AND CONSTRUCTION; SKIRTING; CORNICES; NON-METALLIC DECORATIVE MOULDINGS, DECORATIVE STRIPS, DECORATIVE EXTRUSIONS; SEALANTS; NON-METALLIC WATERPROOF WALL PANELS, WALL COVERINGS, WATERPROOF WALL COVERINGS, WALL LININGS, WALL PANELS AND WALL LININGS FOR USE IN COMMERCIAL AND DOMESTIC BATHROOMS, SHOWER ROOMS, TOILETS AND CHANGING ROOMS; CEILINGS; CLADDING; FACINGS AND FASCIA BOARD; COVERINGS; CONNECTORS; EDGE AND END PIECES; CHANGING ROOMS OF NON-METALLIC MATERIALS; NON-METALLIC TILES AND PANELS, ALL FOR WALLS, SURFACES OR PARTITIONS; NON-METALLIC LAMINATED TILES, STRIPS, PANELS AND BOARDS, ALL FOR WALLS, SURFACES AND PARTITIONS; NON-METALLIC PANELS FOR KITCHENS; PARTS, FITTINGS AND ACCESSORIES FOR THE AFORESAID GOODS; (Based on 44(e)) NON METALLIC CUBICLES FOR LAVATORIESClass 019 for NON-METALLIC BUILDING MATERIALS, NAMELY, PARTITIONS, CUBICLES AND COMPARTMENTS FOR TOILETS, URINALS, DRESSING, CHANGING, RESTING AND PRIVACY, INCLUDING TOILET, URINAL, DRESSING, CHANGING, RESTING AND PRIVACY ROOMS, COMPRISING ONE OR MORE OF THE FOLLOWING: WALL PANELS, VERTICAL DIVIDER PANELS, DOORS, VERTICAL SCREENS, AND VERTICAL FASCIA PANELS, FOR USE IN THE NON-RESIDENTIAL INDUSTRY; NON-METALLIC CUBICLES FOR LAVATORIES; PARTITIONS NOT OF METAL; NON-METALLIC PANELLING SYSTEMS INCLUDED IN THIS CLASS, NON-METALLIC CLADDING SYSTEMS AND NON-ELECTRIC AND NON-METALLIC DUCTING SYSTEMS; NON-METALLIC ROOFING SYSTEMS; NON-METALLIC DOORS, NON-METALLIC WINDOWS, NON-METALLIC CASINGS, FRAMES AND SURROUNDS FOR DOORS AND WINDOWS; PARTS AND FITTINGS FOR ALL THE AFORESAID GOODS
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK00002534814 registered 08/06/2010 with a renewal date of __________ and an expiration date of 12/18/2019 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-641610870-174516598_._157922-Certified-Foreign-Registration.PDF
Converted PDF file(s) ( 2 pages)
Foreign Registration-1
Foreign Registration-2

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Response Signature
Signature: /Anne Wang/     Date: 03/27/2019
Signatory's Name: Anne Wang
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 626-795-9900

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: 88000465
Internet Transmission Date: Wed Mar 27 19:42:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190327194216806
951-88000465-62035d903a7650c18ac2d1732fb
e01d945c9a9a7ddbd7772b875938b5353b34-N/A
-N/A-20190327192945782237