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. 88144684 MRL (Stylized and/or with Design, see http://uspto.report/TM/88144684/mark.png) has been amended as follows:

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

Registration has been refused under Section 2(d) based on Reg. No. 5301156 for the mark MRL. According to the Office Action, the only goods in the present application that are in conflict with Reg. No. 5301156 are flooring. Accordingly, these goods have been deleted from the present application.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 019 for Wood products, namely, flooring, stairs, stair treads, stair railing, trim, timber, siding, soffit, fascia, paneling, rafters, cabin, decking
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/11/2011 and first used in commerce at least as early as 04/11/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Wood products, namely, flooring, stairs, stair treads, stair railing, trim, timber, siding, soffit, fascia, paneling, rafters, cabin, decking; Recycled wood products, namely, stairs, stair treads, stair railing, trim, timber, siding, soffit, fascia, paneling, rafters, logs for building cabins, prefabricated log cabin homes, deckingClass 019 for Recycled wood products, namely, stairs, stair treads, stair railing, trim, timber, siding, soffit, fascia, paneling, rafters, logs for building cabins, prefabricated log cabin homes, decking
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/11/2011 and first used in commerce at least as early as 04/11/2011 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use the recycling symbol apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Antoinette M. Tease/     Date: 05/16/2019
Signatory's Name: Antoinette M. Tease
Signatory's Position: Attorney

Signatory's Phone Number: 4062949000

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.

        
Serial Number: 88144684
Internet Transmission Date: Thu May 16 16:21:37 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190516162137
150942-88144684-62082463cf8bc3a755d7cddf
32d98f626a6761ff0892bfc57c8bd06af46361b7
-N/A-N/A-20190516160103223140