| 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) |
| Input Field |
Entered |
|---|---|
| SERIAL NUMBER | 88018666 |
| LAW OFFICE ASSIGNED | LAW OFFICE 120 |
| MARK SECTION | |
| MARK FILE NAME | http://uspto.report/TM/88018666/mark.png |
| LITERAL ELEMENT | TU |
| STANDARD CHARACTERS | NO |
| USPTO-GENERATED IMAGE | NO |
| ARGUMENT(S) | |
|
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
April 1, 2019
RESPONSE TO OFFICE ACTION REMARKS In response to the Office Action dated October 19, 2018, please consider the following: The Examining Attorney has initially refused registration on the basis the specimen is insufficient. Accordingly, Applicant is amending the filing basis to intent to use in response to the specimen refusal. AMENDMENT Applicant is amending filing basis to intent to use basis under § 1(b). CONCLUSION Applicant believes all the issues raised by the Examining Attorney have been addressed, and the instant application is in condition to proceed. Applicant respectfully requests action to that end. Should the Examining Attorney have any remaining comments or questions, the undersigned would request a telephone call to possibly expedite this case. Respectfully submitted.
|
|
| GOODS AND/OR SERVICES SECTION (current) | |
| INTERNATIONAL CLASS | 019 |
| DESCRIPTION | Cold asphalt |
| FILING BASIS | Section 1(a) |
| FIRST USE ANYWHERE DATE | At least as early as 09/00/2015 |
| FIRST USE IN COMMERCE DATE | At least as early as 09/00/2015 |
| GOODS AND/OR SERVICES SECTION (proposed) | |
| INTERNATIONAL CLASS | 019 |
| DESCRIPTION | Cold asphalt |
| FILING BASIS | Section 1(b) |
| DELETED FILING BASIS | 1(a); |
| SIGNATURE SECTION | |
| DECLARATION SIGNATURE | /kristina m. dimaggio/ |
| SIGNATORY'S NAME | Kristina M. DiMaggio |
| SIGNATORY'S POSITION | Associate Attorney, NY bar member |
| DATE SIGNED | 04/01/2019 |
| RESPONSE SIGNATURE | /kristina m. dimaggio/ |
| SIGNATORY'S NAME | Kristina M. DiMaggio |
| SIGNATORY'S POSITION | Associate Attorney, NY bar member |
| DATE SIGNED | 04/01/2019 |
| AUTHORIZED SIGNATORY | YES |
| FILING INFORMATION SECTION | |
| SUBMIT DATE | Mon Apr 01 14:57:09 EDT 2019 |
| TEAS STAMP | USPTO/ROA-XX.XXX.XXX.X-20 190401145709874226-880186 66-620b8aae8b2ad602f9dcba 3ae2c407fdfc956e724d881a6 3c83fb24af34f918d9a-N/A-N /A-20190401144849726288 |
| 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) |
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
April 1, 2019
RESPONSE TO OFFICE ACTION
REMARKS
In response to the Office Action dated October 19, 2018, please consider the following:
The Examining Attorney has initially refused registration on the basis the specimen is insufficient. Accordingly, Applicant is amending the filing basis to intent to use in response to the specimen refusal.
AMENDMENT
Applicant is amending filing basis to intent to use basis under § 1(b).
CONCLUSION
Applicant believes all the issues raised by the Examining Attorney have been addressed, and the instant application is in condition to proceed. Applicant respectfully requests action to that end. Should the Examining Attorney have any remaining comments or questions, the undersigned would request a telephone call to possibly expedite this case.
Respectfully submitted.
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.