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. 88161725 MASTERWORKS(Standard Characters, see http://uspto.report/TM/88161725/mark.png) has been amended as follows:

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

The Trademark Office refused Applicant's mark as it pertains to Class 35 under Trademark Act Section 2(d). Applicant herein deletes Class 35 from the scope of the Application. The Office Action also noted that "the requirement for an acceptable identification for Classes 37 and 41 is continued" and the Significance of the Wording requirement is continued. However, Applicant provided revised identifications for Classes 37 and 41 and provided a response to the significance of the wording in its July 23, 2019 Response. In the recent Office Action, the Examiner did not provide any substantive feedback as to why these responses were insufficient. They appeared to address the requests in the original Office Action, so Applicant respectfully believes it has satisfied these requests. If not, Applicant has no basis for responding to the continued ID and Significance requests, becuse the Office Action did not provide any further information. Based on Applicant's prior response to these inquiries, Applicant respectfully requests the Examiner withdraw the continued requests for Class 37 and 41 Identifications and Significance of the Wording.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Customer loyalty services directed to dealers and contractors for commercial, promotional and/or advertising purposes in the paints, coatings, environmental remediation and construction industries

The applicant's current attorney information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      US

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

The applicants proposed attorney information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

John Pickerill 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: JOHN PICKERILL. JOHN PICKERILL of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      US

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com; wmunt@fredlaw.com

The applicants proposed correspondence information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com; wmunt@fredlaw.com

SIGNATURE(S)
Response Signature
Signature: /John Pickerill/     Date: 01/30/2020
Signatory's Name: John Pickerill
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 6124927306

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:    JOHN PICKERILL
   FREDRIKSON & BYRON, P.A.
   
   200 SOUTH 6TH STREET, SUITE 4000
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    John Pickerill
   FREDRIKSON & BYRON, P.A.
   200 SOUTH 6TH STREET, SUITE 4000
   MINNEAPOLIS, Minnesota 55402
        
Serial Number: 88161725
Internet Transmission Date: Thu Jan 30 16:16:15 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020013016161584
1610-88161725-700dcbd42bc85e89a0b02fba8f
819a3d898295d81fc6575d70f558e5bc2a9013b9
-N/A-N/A-20200130160256436432