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. 88232172 CAPELOUTO (Stylized and/or with Design, see http://uspto.report/TM/88232172/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 termite and pest control services
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 00/00/1964 and first used in commerce at least as early as 00/00/1964 , and is now in use in such commerce.

Proposed:
Tracked Text Description: termite and pest control services; termite and pest control services, other than for agriculture, aquaculture, horticulture and forestryClass 037 for termite and pest control services, other than for agriculture, aquaculture, horticulture and forestry
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 00/00/1964 and first used in commerce at least as early as 00/00/1964 , and is now in use in such commerce.
The applicant's current attorney information: Hemant Gupta. Hemant Gupta of BUTLER SNOW LLP, is located at

      SUITE 500
      6075 POPLAR AVENUE
      MEMPHIS, Tennessee 38119
      US
The docket/reference number is 45821.168282.

The phone number is 901-680-7200.

The fax number is 901-680-7201.

The email address is trademark.docket@butlersnow.com

The applicants proposed attorney information: Hemant Gupta. Other appointed attorneys are Adelee Tralor, Benjamin L. Mitchell, Brad S. Anderson, Cara R. Baer, John J. Healy III. Hemant Gupta of BUTLER SNOW LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 500
      6075 POPLAR AVENUE
      MEMPHIS, Tennessee 38119
      United States
The docket/reference number is 45821.168282.

The phone number is 901-680-7200.

The fax number is 901-680-7201.

The email address is trademark.docket@butlersnow.com

Hemant Gupta submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: HEMANT GUPTA. HEMANT GUPTA of BUTLER SNOW LLP, is located at

      SUITE 500
      6075 POPLAR AVENUE
      MEMPHIS, Tennessee 38119
      US
The docket/reference number is 45821.168282.

The phone number is 901-680-7200.

The fax number is 901-680-7201.

The email address is trademark.docket@butlersnow.com; barbara.arnold@butlersnow.com

The applicants proposed correspondence information: Hemant Gupta. Hemant Gupta of BUTLER SNOW LLP, is located at

      SUITE 500
      6075 POPLAR AVENUE
      MEMPHIS, Tennessee 38119
      United States
The docket/reference number is 45821.168282.

The phone number is 901-680-7200.

The fax number is 901-680-7201.

The email address is trademark.docket@butlersnow.com; barbara.arnold@butlersnow.com

SIGNATURE(S)
Response Signature
Signature: /hemant gupta/     Date: 08/13/2019
Signatory's Name: Hemant Gupta
Signatory's Position: Attorney of record, Tennessee bar member

Signatory's Phone Number: 901-680-7333

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:    HEMANT GUPTA
   BUTLER SNOW LLP
   SUITE 500
   6075 POPLAR AVENUE
   MEMPHIS, Tennessee 38119
Mailing Address:    Hemant Gupta
   BUTLER SNOW LLP
   SUITE 500
   6075 POPLAR AVENUE
   MEMPHIS, Tennessee 38119
        
Serial Number: 88232172
Internet Transmission Date: Tue Aug 13 18:22:08 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190813182208
965886-88232172-6107440e97842854d16df61f
b3bd3b0d1a8dcc143dc6ef0983afa4121de30f5c
50-N/A-N/A-20190813181255366148