Response to Office Action

NEIGHBORLY HANDYMAN SERVICES

Dwyer Franchising LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88110023
LAW OFFICE ASSIGNED LAW OFFICE 110
MARK SECTION
MARK http://uspto.report/TM/88110023/mark.png
LITERAL ELEMENT NEIGHBORLY HANDYMAN SERVICES
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 037
DESCRIPTION
Home repair and general maintenance services; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guards
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 037
TRACKED TEXT DESCRIPTION
Home repair and general maintenance services; Home repair and general maintenance services, namely, repair and maintenance services for the interior and exterior of homes and buildings; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guards
FINAL DESCRIPTION
Home repair and general maintenance services, namely, repair and maintenance services for the interior and exterior of homes and buildings; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guards
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME William M. Bryner
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME KILPATRICK TOWNSEND & STOCKTON LLP
STREET 1001 WEST FOURTH STREET
CITY WINSTON-SALEM
STATE North Carolina
POSTAL CODE 27101-2400
COUNTRY US
PHONE 336-607-7482
FAX 336-734-2656
EMAIL tmadmin@kilpatricktownsend.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1100196
ATTORNEY SECTION (proposed)
NAME William M. Bryner
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME KILPATRICK TOWNSEND & STOCKTON LLP
STREET 1001 WEST FOURTH STREET
CITY WINSTON-SALEM
STATE North Carolina
POSTAL CODE 27101-2400
COUNTRY United States
PHONE 336-607-7482
FAX 336-734-2656
EMAIL tmadmin@kilpatricktownsend.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1100196
OTHER APPOINTED ATTORNEY Lauren S. Ralls, Tiffani D. Otey and the attorneys of Kilpatrick Townsend Stockton LLP
CORRESPONDENCE SECTION (current)
NAME WILLIAM M. BRYNER
FIRM NAME KILPATRICK TOWNSEND & STOCKTON LLP
STREET 1001 WEST FOURTH STREET
CITY WINSTON-SALEM
STATE North Carolina
POSTAL CODE 27101-2400
COUNTRY US
PHONE 336-607-7482
FAX 336-734-2656
EMAIL tmadmin@kilpatricktownsend.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1100196
CORRESPONDENCE SECTION (proposed)
NAME William M. Bryner
FIRM NAME KILPATRICK TOWNSEND & STOCKTON LLP
STREET 1001 WEST FOURTH STREET
CITY WINSTON-SALEM
STATE North Carolina
POSTAL CODE 27101-2400
COUNTRY United States
PHONE 336-607-7482
FAX 336-734-2656
EMAIL tmadmin@kilpatricktownsend.com; LRalls@kilpatricktownsend.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 1100196
SIGNATURE SECTION
RESPONSE SIGNATURE /Tiffani D. Otey/
SIGNATORY'S NAME Tiffani D. Otey
SIGNATORY'S POSITION Attorney of Record, NC Bar Member
SIGNATORY'S PHONE NUMBER 336-607-7503
DATE SIGNED 01/22/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 22 23:06:53 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0200122230653304827-88110
023-700b3649965d89dca492d
fff1375e11040b4d65cca68d7
2cfd70e9e5d877782760-N/A-
N/A-20200122133818428822



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. 88110023 NEIGHBORLY HANDYMAN SERVICES(Standard Characters, see http://uspto.report/TM/88110023/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 037 for Home repair and general maintenance services; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guards
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: Home repair and general maintenance services; Home repair and general maintenance services, namely, repair and maintenance services for the interior and exterior of homes and buildings; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guardsClass 037 for Home repair and general maintenance services, namely, repair and maintenance services for the interior and exterior of homes and buildings; building construction; installation services, namely, installation of flooring, lighting, vanities, cabinets, doors, countertops, crown molding, and gutter guards
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.

The applicant's current attorney information: William M. Bryner. William M. Bryner of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1001 WEST FOURTH STREET
      WINSTON-SALEM, North Carolina 27101-2400
      US
The docket/reference number is 1100196.

The phone number is 336-607-7482.

The fax number is 336-734-2656.

The email address is tmadmin@kilpatricktownsend.com

The applicants proposed attorney information: William M. Bryner. Other appointed attorneys are Lauren S. Ralls, Tiffani D. Otey and the attorneys of Kilpatrick Townsend Stockton LLP. William M. Bryner of KILPATRICK TOWNSEND & STOCKTON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1001 WEST FOURTH STREET
      WINSTON-SALEM, North Carolina 27101-2400
      United States
The docket/reference number is 1100196.

The phone number is 336-607-7482.

The fax number is 336-734-2656.

The email address is tmadmin@kilpatricktownsend.com

William M. Bryner submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: WILLIAM M. BRYNER. WILLIAM M. BRYNER of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1001 WEST FOURTH STREET
      WINSTON-SALEM, North Carolina 27101-2400
      US
The docket/reference number is 1100196.

The phone number is 336-607-7482.

The fax number is 336-734-2656.

The email address is tmadmin@kilpatricktownsend.com

The applicants proposed correspondence information: William M. Bryner. William M. Bryner of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1001 WEST FOURTH STREET
      WINSTON-SALEM, North Carolina 27101-2400
      United States
The docket/reference number is 1100196.

The phone number is 336-607-7482.

The fax number is 336-734-2656.

The email address is tmadmin@kilpatricktownsend.com; LRalls@kilpatricktownsend.com

SIGNATURE(S)
Response Signature
Signature: /Tiffani D. Otey/     Date: 01/22/2020
Signatory's Name: Tiffani D. Otey
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 336-607-7503

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    WILLIAM M. BRYNER
   KILPATRICK TOWNSEND & STOCKTON LLP
   
   1001 WEST FOURTH STREET
   WINSTON-SALEM, North Carolina 27101-2400
Mailing Address:    William M. Bryner
   KILPATRICK TOWNSEND & STOCKTON LLP
   1001 WEST FOURTH STREET
   WINSTON-SALEM, North Carolina 27101-2400
        
Serial Number: 88110023
Internet Transmission Date: Wed Jan 22 23:06:53 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2020012223065330
4827-88110023-700b3649965d89dca492dfff13
75e11040b4d65cca68d72cfd70e9e5d877782760
-N/A-N/A-20200122133818428822



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