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. 88128687 PAINTINFO(Standard Characters, see http://uspto.report/TM/88128687/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of a response to Office Actions has been attached.
Original PDF file:
evi_19294203253-20200205165159716555_._PAINTINFO_-_Response_to_OA_48570203.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing a website featuring information regarding painting, coating, wall covering, and specification standards relating to painting, coating, and wall covering
Original Filing Basis:
Proposed:
Tracked Text Description: Providing a website featuring information regarding painting, coating, wall covering, and specification standards relating to painting, coating, and wall covering; Providing a website featuring information regarding specification standards relating to painting, application of interior and exterior coatings to buildings, and wall coveringsClass 042 for Providing a website featuring information regarding specification standards relating to painting, application of interior and exterior coatings to buildings, and wall coverings
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 05/00/1996 and first used in commerce at least as early as 05/00/1996 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of a screenshot from Applicant's website showing use of the mark with the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-19294203253-20200205165159716555_._PAINTINFO_Specimen_of_Use.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Andrew D. Price. Andrew D. Price of VENABLE LLP, is located at

      P.O. BOX 34385
      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 11984143655.

The phone number is 202-344-8156.

The email address is trademarkdocket@venable.com

The applicants proposed attorney information: Andrew D. Price. Other appointed attorneys are Rebecca A. Liebowitz, Halle B. Markus, Steven B. Powell, Catherine S. Mitros, Paula E. Hopkins, and Sean T. Phelan. Andrew D. Price of Venable 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

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 11984143655.

The phone number is 202-344-8156.

The email address is trademarkdocket@venable.com

Andrew D. Price 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: ANDREW D. PRICE. ANDREW D. PRICE of VENABLE LLP, is located at

      P.O. BOX 34385
      P.O. BOX 34385
      WASHINGTON, District of Columbia 20043-9998
      US
The docket/reference number is 11984143655.

The phone number is 202-344-8156.

The email address is trademarkdocket@venable.com; adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

The applicants proposed correspondence information: Andrew D. Price. Andrew D. Price of Venable LLP, is located at

      P.O. Box 34385
      Washington, District of Columbia 20043-9998
      United States
The docket/reference number is 11984143655.

The phone number is 202-344-8156.

The email address is trademarkdocket@venable.com; adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_19294203253-165159716_._PAINTINFO_Signed_Dec.pdf
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Keenan Loubser
Signatory's Position: COO

Response Signature
Signature: /Paula E. Hopkins/     Date: 02/05/2020
Signatory's Name: Paula E. Hopkins
Signatory's Position: Attorney of Record, Venable LLP, New York and DC bar member

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:    ANDREW D. PRICE
   VENABLE LLP
   P.O. BOX 34385
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Andrew D. Price
   Venable LLP
   P.O. Box 34385
   Washington, District of Columbia 20043-9998
        
Serial Number: 88128687
Internet Transmission Date: Wed Feb 05 17:01:32 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202002051701329
27613-88128687-700f85e7d9c8110dc76b68f70
893e124dca754cf43288462f9a06a7fd2448f36d
8-N/A-N/A-20200205165159716555