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)

---

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. 88218402 SRPCONTRACTORS.COM(Standard Characters, see http://uspto.report/TM/88218402/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 037 for Bio-hazard biological clean-up services; Building construction and repair; Construction and repair of buildings; Custom construction and building renovation; General construction contracting; Restoration services in the field of water, smoke and fire damage
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.

In International Class 037, the mark was first used at least as early as 05/13/2019 and first used in commerce at least as early as 05/13/2019 .

Proposed: Class 037 for Bio-hazard biological clean-up services; Building construction and repair; Construction and repair of buildings; Custom construction and building renovation; General construction contracting; Restoration services in the field of water, smoke and fire damage

Deleted Filing Basis: 1(b)
In International Class 037, the mark was first used at least as early as 05/13/2019 . and first used in commerce at least as early as 05/13/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 037 . The specimen(s) submitted consists of The specimen consists of two flyers used by Sharp, Robbins & Popwell, LLC to advertise and promote its services. The first page is the front of back of one printed flyer. The second page is the front and back of another printed flyer. Sharp, Robbins & Popwell, LLC distributes both of the flyers at various events, such as tradeshows, conferences, education events, and golf tournaments. The flyers are distributed to individuals in printed form. Most commonly, individuals view the flyers after the flyers are physically handed to them at an event, such as tradeshow, conference, education event, or golf tournament. Sometimes the flyers are used in other ways, such as being inserted inside of notebooks, or presented with other items, which are used as free gifts to consumers or potential consumers of Sharp, Robbins & Popwell, LLC?s services. The flyers were used in commerce by Sharp, Robbins & Popwell, LLC at least as early as May 13, 2019. .
"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:
SPU0-1731224281-20190912163528896673_._srpcontractors.com_flyers.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

The applicant's current attorney information: Allison S. Raines. Allison S. Raines of DINKELSPIEL, RASMUSSEN & MINK, PLLC, is located at

      SUITE 106
      1669 KIRBY PARKWAY
      MEMPHIS, Tennessee 38120
      US
The docket/reference number is 191052.0050.

The phone number is 901-759-2471.

The fax number is 901-756-7772.

The email address is araines@drmlawmemphis.com

The applicants proposed attorney information: Allison S. Raines. Allison S. Raines of DINKELSPIEL, RASMUSSEN & MINK, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 106
      1669 KIRBY PARKWAY
      MEMPHIS, Tennessee 38120
      United States
The docket/reference number is 191052.0050.

The phone number is 901-759-2471.

The fax number is 901-756-7772.

The email address is araines@drmlawmemphis.com

Allison S. Raines 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: ALLISON S. RAINES. ALLISON S. RAINES of DINKELSPIEL, RASMUSSEN & MINK, PLLC, is located at

      SUITE 106
      1669 KIRBY PARKWAY
      MEMPHIS, Tennessee 38120
      US
The docket/reference number is 191052.0050.

The phone number is 901-759-2471.

The fax number is 901-756-7772.

The email address is araines@drmlawmemphis.com; rrasmussen@drmlawmemphis.com

The applicants proposed correspondence information: Allison S. Raines. Allison S. Raines of DINKELSPIEL, RASMUSSEN & MINK, PLLC, is located at

      SUITE 106
      1669 KIRBY PARKWAY
      MEMPHIS, Tennessee 38120
      United States
The docket/reference number is 191052.0050.

The phone number is 901-759-2471.

The fax number is 901-756-7772.

The email address is araines@drmlawmemphis.com

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: /Allison S. Raines/      Date: 09/12/2019
Signatory's Name: Allison S. Raines
Signatory's Position: Attorney of Record; Tennessee Bar Member #033897; Admitted to Tennessee Bar in 2015
Signatory's Phone Number: 901-759-2471


Response Signature
Signature: /Allison S. Raines/     Date: 09/12/2019
Signatory's Name: Allison S. Raines
Signatory's Position: Attorney of Record; Tennessee Bar Member #033897; Admitted to Tennessee Bar in 2015

Signatory's Phone Number: 901-759-2471

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:    ALLISON S. RAINES
   DINKELSPIEL, RASMUSSEN & MINK, PLLC
   SUITE 106
   1669 KIRBY PARKWAY
   MEMPHIS, Tennessee 38120
Mailing Address:    Allison S. Raines
   DINKELSPIEL, RASMUSSEN & MINK, PLLC
   SUITE 106
   1669 KIRBY PARKWAY
   MEMPHIS, Tennessee 38120
        
Serial Number: 88218402
Internet Transmission Date: Thu Sep 12 17:26:53 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019091217265300
7784-88218402-610b749743d3ebf49a3a38c3a2
a643219127d45f93b5a897fd3da738a22832c2b-
N/A-N/A-20190912163528896673