To: | G.W. Murphy, Inc. (deckerlaw@sbcglobal.net) |
Subject: | U.S. Trademark Application Serial No. 88228330 - PRIMO - N/A |
Sent: | October 08, 2019 12:20:18 PM |
Sent As: | ecom111@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88228330
Mark: PRIMO
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Correspondence Address: |
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Applicant: G.W. Murphy, Inc.
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Reference/Docket No. N/A
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: October 08, 2019
In consideration of Applicant’s Response to Office Action, dated and filed September 12, 2019 (“Response”), the remarks and amended identification of goods contained therein, and the record hereof, the undersigned examining attorney has reviewed the above-referenced application, in accordance with sections 2.61 and 2.63 of the Trademark Rules of Practice, 37 C.F.R. §§ 2.61, 2.63 (2019).
In accordance with the authorization granted by Adam D. Decker, Esq. on September 12, 2019, the application has been amended as indicated below. TMEP § 707.
If the identification of goods or services has been amended, please note that any future amendments must be in accordance with Trademark Rule of Practice 2.71(a), 37 C.F.R. § 2.71(a) (2019), and TMEP § 1402.06–.07. See TMEP § 1402.07(e).
In its Response, Applicant states the following:
Applicant submits that for purposes of its application, it seeks to restrict and more narrowly define the identification of its goods to "synthetic roofing underlayment," which contains no "asphalt, pitch or bitumen."
Given these remarks, Applicant has authorized the following amendment:
International Class 19:
Synthetic roofing underlayment.
TMEP § 1402.01(e).
Based on the Response and the amended description of Class 19 goods, the basis for refusing to register the proposed mark, pursuant to Section 2(d) of the Trademark Act, because of a likelihood of confusion with the subject mark in U.S. Registration No. 5516047 has been OBVIATED. TMEP § 713.02.
Please inform the undersigned immediately if there is an objection to any amendment; otherwise, no response is necessary.
Thank you for your cooperation and time in resolving the foregoing issue.
Sincerely,
/Judy Helfman/
Judith M. Helfman
Attorney, Law Office 111
571/272-5892
judy.helfman@uspto.gov