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. 88232951 CA (Stylized and/or with Design, see http://uspto.report/TM/88232951/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 035 for On-line retail store services featuring a variety of construction and building materials, lumber, decking materials, mirrors, shutters sky lights, hand tools, power tools, nails, plumbing supplies, ladders, gypsum, cement, adhesives, silicon caulk, door locks, insulation, vapor barriers, mill work, decorative molding, exterior and interior doors, garage doors, windows, counter tops and cabinets, lighting and electrical supplies, plumbing supplies, roofing materials, home improvement items, siding, home safety and security items, and landscaping materials; Operation of distribution and warehouse facilities for construction and building supplies
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.

Proposed:
Tracked Text Description: On-line retail store services featuring a variety of construction and building materials, lumber, decking materials, mirrors, shutters sky lights, hand tools, power tools, nails, plumbing supplies, ladders, gypsum, cement, adhesives, silicon caulk, door locks, insulation, vapor barriers, mill work, decorative molding, exterior and interior doors, garage doors, windows, counter tops and cabinets, lighting and electrical supplies, plumbing supplies, roofing materials, home improvement items, siding, home safety and security items, and landscaping materials; Operation of distribution and warehouse facilities for construction and building supplies; Business operation of distribution and warehouse facilities for construction and building suppliesClass 035 for On-line retail store services featuring a variety of construction and building materials, lumber, decking materials, mirrors, shutters sky lights, hand tools, power tools, nails, plumbing supplies, ladders, gypsum, cement, adhesives, silicon caulk, door locks, insulation, vapor barriers, mill work, decorative molding, exterior and interior doors, garage doors, windows, counter tops and cabinets, lighting and electrical supplies, plumbing supplies, roofing materials, home improvement items, siding, home safety and security items, and landscaping materials; Business operation of distribution and warehouse facilities for construction and building supplies
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.

ADDITIONAL STATEMENTS
Color Claim
The color(s) blue and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized letters "CA". The letter "C" is in the color black. The letter "A" is in the color blue. A chevron shape forms the stylized letter "A".

SIGNATURE(S)
Response Signature
Signature: /J. Bennett Mullinax/     Date: 03/14/2019
Signatory's Name: J. Bennett Mullinax
Signatory's Position: Attorney of Record, SC Bar 7771

Signatory's Phone Number: 8649879696

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: 88232951
Internet Transmission Date: Thu Mar 14 11:04:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.X.XXX-201903141104279125
19-88232951-620d12ef93c0f06e9197a09b9468
28bdd67224b28f8bba762598adf62dd158-N/A-N
/A-20190314105924069781