TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88125344 BUILT FROM THE GROUND UP(Standard Characters, see http://uspto.report/TM/88125344/mark.png) has been amended as follows:

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

Applicant hereby responds to the official action dated 21 March 2019.

As requested by the Examining Attorney, Applicant has amended the identification of goods, as suggested by the Examiner.  In so doing, Applicant does not believe that it has amended the identification to include any goods that are not within the scope of goods set forth in the present identification.

Applicant has also included the additional fee for the additional class not covered by the fee already paid.

Based on the foregoing, allowance is respectfully requested.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Molded plastic building supply products to replace wood, namely, plastic lumber; moldings made from recycled resins for use in making wall guards, windows, chair rails, railing spindles, truck body liners, garage door trims, conveyor liners; profiles made from recycled resins for use in making deck boards, parking curbs, speed bumps, recycling bins, outdoor furniture, playground equipment, docks, piers, pilings, fencing, walkways; and sheets made from recycled resins, for use in making manure spreader floorings, bathroom partitions, silo liners, ice fishing house runners, sled runners
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: Molded plastic building supply products to replace wood, namely, plastic lumber; moldings made from recycled resins for use in making wall guards, windows, chair rails, railing spindles, truck body liners, garage door trims, conveyor liners; Molded plastic building supply products to replace wood, namely, moldings being composite lumber made from recycled resins for use in making wall guards, windows, chair rails, railing spindles, truck body liners, garage door trims, conveyor liners; profiles made from recycled resins for use in making deck boards, parking curbs, speed bumps, recycling bins, outdoor furniture, playground equipment, docks, piers, pilings, fencing, walkways; Molded plastic building supply products to replace wood, namely, sheets of composite lumber made from recycled resins for use in making manure spreader floorings, bathroom partitions, silo liners, ice fishing house runners, sled runners; and sheets made from recycled resins, for use in making manure spreader floorings, bathroom partitions, silo liners, ice fishing house runners, sled runnersClass 019 for Molded plastic building supply products to replace wood, namely, plastic lumber; Molded plastic building supply products to replace wood, namely, moldings being composite lumber made from recycled resins for use in making wall guards, windows, chair rails, railing spindles, truck body liners, garage door trims, conveyor liners; Molded plastic building supply products to replace wood, namely, sheets of composite lumber made from recycled resins for use in making manure spreader floorings, bathroom partitions, silo liners, ice fishing house runners, sled runners
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 for Molded plastic building supply products to replace wood, namely, profiles made from recycled resins for use in manufacturing deck boards, parking curbs, speed bumps, recycling bins, outdoor furniture, playground equipment, docks, piers, pilings, fencing, walkways
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: Laura A. Dable. Laura A. Dable of RYAN KROMHOLZ & MANION, S.C., is located at

      P O BOX 26618
      MILWAUKEE, Wisconsin 53226-0618
      US
The docket/reference number is 6154.23738.

The phone number is 262-783-1300.

The fax number is 262 783-1211.

The email address is rkmip@rkmiplaw.com

The applicants proposed attorney information: Laura A. Dable. Other appointed attorneys are all attorneys of the firm. Laura A. Dable of RYAN KROMHOLZ & MANION, S.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P O BOX 26618
      MILWAUKEE, Wisconsin 53226-0618
      United States
The docket/reference number is 6154.23738.

The phone number is 262-783-1300.

The fax number is 262 783-1211.

The email address is rkmip@rkmiplaw.com

Laura A. Dable 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: LAURA A. DABLE. LAURA A. DABLE of RYAN KROMHOLZ & MANION, S.C., is located at

      P O BOX 26618
      MILWAUKEE, Wisconsin 53226-0618
      US
The docket/reference number is 6154.23738.

The phone number is 262-783-1300.

The fax number is 262 783-1211.

The email address is rkmip@rkmiplaw.com

The applicants proposed correspondence information: Laura A. Dable. Laura A. Dable of RYAN KROMHOLZ & MANION, S.C., is located at

      P O BOX 26618
      MILWAUKEE, Wisconsin 53226-0618
      United States
The docket/reference number is 6154.23738.

The phone number is 262-783-1300.

The fax number is 262 783-1211.

The email address is rkmip@rkmiplaw.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /Patrick J. Fleis/      Date: 09/20/2019
Signatory's Name: Patrick J. Fleis
Signatory's Position: Attorney of Record, Wisconsin bar member
Signatory's Phone Number: 262-783-1300


Request for Reconsideration Signature
Signature: /Patrick J. Fleis/     Date: 09/20/2019
Signatory's Name: Patrick J. Fleis
Signatory's Position: Attorney of Record

Signatory's Phone Number: 262-783-1300

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    LAURA A. DABLE
   RYAN KROMHOLZ & MANION, S.C.
   
   P O BOX 26618
   MILWAUKEE, Wisconsin 53226-0618
Mailing Address:    Laura A. Dable
   RYAN KROMHOLZ & MANION, S.C.
   P O BOX 26618
   MILWAUKEE, Wisconsin 53226-0618
        
RAM Sale Number: 88125344
RAM Accounting Date: 09/20/2019
        
Serial Number: 88125344
Internet Transmission Date: Fri Sep 20 16:26:24 EDT 2019
TEAS Stamp: USPTO/RFR-XXX.XXX.X.XXX-2019092016262415
1919-88125344-6108b64bb4494fb4e30e36af9f
c79fc410cdfd75dbd7f6861c8e84924069ec012-
CC-26238189-20190920142342603410