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. 88138873 AFS(Standard Characters, see http://uspto.report/TM/88138873/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 006 for floor stabilizers formed of metal; metal foundation piers and piles used to support the foundations of residences and commercial structures; Construction elements made of metal, namely, helical piers and piles and tiebacks for building foundations; metal wall anchors for stabilizing basement walls; wall stabilizers formed of metal; wall stabilizers formed of carbon fiber
Original Filing Basis:
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 06/30/2008 and first used in commerce at least as early as 06/30/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: floor stabilizers formed of metal; metal foundation piers and piles used to support the foundations of residences and commercial structures; Construction elements made of metal, namely, helical piers and piles and tiebacks for building foundations; metal wall anchors for stabilizing basement walls; wall stabilizers formed of metal; wall stabilizers formed of carbon fiberClass 006 for floor stabilizers formed of metal; metal foundation piers and piles used to support the foundations of residences and commercial structures; Construction elements made of metal, namely, helical piers and piles and tiebacks for building foundations; metal wall anchors for stabilizing basement walls; wall stabilizers formed of metal
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 06/30/2008 and first used in commerce at least as early as 06/30/2008 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Foundation, crawlspace and basement repair and and encapsulation and waterproofing services; basement and crawlspace waterproofing services; crawlspace encapsulation; concrete lifting and repair services; installation, maintenance, and repair of sump pump and drainage systems; insulation removal and installation services; foundation and concrete repair services; contractor services in the areas of piering, wall stabilization, and lifting and stabilizing of concrete; crack repair services; geotechnical building construction services in the nature of stabilizing, lifting, and leveling foundations; Installation of piers and underpinnings to stabilize and support new construction and existing structures
Original Filing Basis:
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 06/30/2008 and first used in commerce at least as early as 06/30/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Foundation, crawlspace and basement repair and and encapsulation and waterproofing services; Building foundation, crawlspace and basement repair and encapsulation and waterproofing services; basement and crawlspace waterproofing services; crawlspace encapsulation; concrete lifting and repair services; building foundation repair services, namely, concrete lifting and repair services; installation, maintenance, and repair of sump pump and drainage systems; insulation removal and installation services; building insulation removal and installation services; foundation and concrete repair services; building foundation and concrete repair services; contractor services in the areas of piering, wall stabilization, and lifting and stabilizing of concrete; contractor services in the areas of building foundation pier construction and installation, wall stabilization, and lifting and stabilizing of concrete; crack repair services; building repair services, namely, crack repair services for walls and foundations; geotechnical building construction services in the nature of stabilizing, lifting, and leveling foundations; Installation of piers and underpinnings to stabilize and support new construction and existing structures; Installation of piers and underpinnings to stabilize and support new building construction and existing building structuresClass 037 for Building foundation, crawlspace and basement repair and encapsulation and waterproofing services; basement and crawlspace waterproofing services; crawlspace encapsulation; building foundation repair services, namely, concrete lifting and repair services; installation, maintenance, and repair of sump pump and drainage systems; building insulation removal and installation services; building foundation and concrete repair services; contractor services in the areas of building foundation pier construction and installation, wall stabilization, and lifting and stabilizing of concrete; building repair services, namely, crack repair services for walls and foundations; geotechnical building construction services in the nature of stabilizing, lifting, and leveling foundations; Installation of piers and underpinnings to stabilize and support new building construction and existing building structures
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 06/30/2008 and first used in commerce at least as early as 06/30/2008 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for Non-metal building materials, namely, wall stabilizers formed of carbon fiber
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 06/30/2008 and first used in commerce at least as early as 06/30/2008 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 019 . The specimen(s) submitted consists of photo of product packaging showing use of the mark in connection with the goods .
"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]. Specimen File1

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: /williamtstafford/      Date: 06/18/2019
Signatory's Name: William T. Stafford
Signatory's Position: Attorney of record, Alabama bar member
Signatory's Phone Number: 2565351100


Response Signature
Signature: /williamtstafford/     Date: 06/18/2019
Signatory's Name: William T. Stafford
Signatory's Position: Attorney of record, Alabama bar member

Signatory's Phone Number: 2565351100

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.

        
RAM Sale Number: 88138873
RAM Accounting Date: 06/19/2019
        
Serial Number: 88138873
Internet Transmission Date: Tue Jun 18 16:24:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201906181624160
71451-88138873-620f06b91e31f14eab11cce53
ebf92a3812e2441a206fbb63e931135ee8e1-DA-
3886-20190618161152207338