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. 88235204 INFRA (Stylized and/or with Design, see http://uspto.report/TM/88235204/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 003 for Non-luminous, non-mechanical signs of metal; metal signs; road signs of metal

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Safety, warning, directional and traffic control signs; traffic devices, namely, barricades and traffic cones; Electrical signage; road signs, luminious or mechanical
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: Safety, warning, directional and traffic control signs; Traffic devices, namely, safety traffic cones; traffic devices, namely, barricades and traffic cones; Electrical signage; road signs, luminous or mechanical; road signs, luminious or mechanicalClass 009 for Traffic devices, namely, safety traffic cones; Electrical signage; road signs, luminous or mechanical
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installation and maintenance of traffic barricades and traffic signs; pavement marking services; manufacture of traffic barricades and traffic signs to order; Road construction; Street construction; Leasing of construction equipment; Rental of construction and building equipment; Repairing and maintaining signs; Installation, maintenance, and repair of on-premises signage; Installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Consultation in the field of installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Pavement striping and marking services; striping and marking of roads, parking lots, and other paved surfaces; marking and custom stenciling of paved surfaces; Pavement striping and marking contractor services; Technical consultation in the field of pavement striping and marking
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: Installation and maintenance of traffic barricades and traffic signs; pavement marking services; manufacture of traffic barricades and traffic signs to order; Road construction; Street construction; Leasing of construction equipment; Rental of construction and building equipment; Repairing and maintaining signs; Installation, maintenance, and repair of on-premises signage; Installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Consultation in the field of installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Pavement striping and marking services; striping and marking of roads, parking lots, and other paved surfaces; marking and custom stenciling of paved surfaces; Pavement striping and marking contractor services; Technical consultation in the field of pavement striping and markingClass 037 for Installation and maintenance of traffic barricades and traffic signs; pavement marking services; Road construction; Street construction; Leasing of construction equipment; Rental of construction and building equipment; Repairing and maintaining signs; Installation, maintenance, and repair of on-premises signage; Installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Consultation in the field of installation, maintenance and repair of mechanical, non-mechanical, luminous and non-luminous signs and signage; Pavement striping and marking services; striping and marking of roads, parking lots, and other paved surfaces; marking and custom stenciling of paved surfaces; Pavement striping and marking contractor services; Technical consultation in the field of pavement striping and marking
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Manufacture of traffic barricades and traffic signs to the order and/or specification of others; Custom signage construction; Custom sign manufacture
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: Manufacture of traffic barricades and traffic signs to the order and/or specification of others; Custom signage construction; Custom sign manufacture; Manufacture of traffic barricades and traffic signs to the order and specification of othersClass 040 for Manufacture of traffic barricades and traffic signs to the order and/or specification of others; Custom signage construction; Custom sign manufacture; Manufacture of traffic barricades and traffic signs to the order and specification of others
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 006 (Original Class: 003 ) for Non-luminous, non-mechanical signs of metal; Road signs, non-luminous and non-mechanical, of metal; road signs of metal; traffic devices, namely, barricades of metal, plastic and concrete
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 019 for Road signs, non-luminous and non-mechanical, not of metal
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.

The applicant's current attorney information: Laura T. Geyer. Laura T. Geyer of VORYS, SATER, SEYMOUR AND PEASE LLP, is located at

      IPLAW@VORYS
      P.O. BOX 2255
      COLUMBUS, Ohio 43216-2255
      US
The docket/reference number is 72356-5.

The phone number is 202-467-8800.

The fax number is 202-533-9099.

The email address is iplaw@vorys.com

The applicants proposed attorney information: Laura T. Geyer. Other appointed attorneys are Vincent C. Lombardozzi, Maureen E. Kelly and the attorneys at Vorys, Sater, Seymour and Pease LLP. Laura T. Geyer of VORYS, SATER, SEYMOUR AND PEASE 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

      IPLAW@VORYS
      P.O. BOX 2255
      COLUMBUS, Ohio 43216-2255
      United States
The docket/reference number is 72356-5.

The phone number is 202-467-8800.

The fax number is 202-533-9099.

The email address is iplaw@vorys.com

Laura T. Geyer 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: LAURA T. GEYER. LAURA T. GEYER of VORYS, SATER, SEYMOUR AND PEASE LLP, is located at

      IPLAW@VORYS
      P.O. BOX 2255
      COLUMBUS, Ohio 43216-2255
      US
The docket/reference number is 72356-5.

The phone number is 202-467-8800.

The fax number is 202-533-9099.

The email address is iplaw@vorys.com

The applicants proposed correspondence information: Laura T. Geyer. Laura T. Geyer of VORYS, SATER, SEYMOUR AND PEASE LLP, is located at

      IPLAW@VORYS
      P.O. BOX 2255
      COLUMBUS, Ohio 43216-2255
      United States
The docket/reference number is 72356-5.

The phone number is 202-467-8800.

The fax number is 202-533-9099.

The email address is iplaw@vorys.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of a shaded rectangle with two diagonal non-shaded lines comprised of squares of descending size and two non-shaded solid diagonal lines of descending size. The stylized word "INFRA" is located to the right of the rectangle.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /vcl/     Date: 09/04/2019
Signatory's Name: Vincent C. Lombardozzi
Signatory's Position: Associate Attorney - DC Bar Member

Signatory's Phone Number: 202-467-8829

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:    LAURA T. GEYER
   VORYS, SATER, SEYMOUR AND PEASE LLP
   IPLAW@VORYS
   P.O. BOX 2255
   COLUMBUS, Ohio 43216-2255
Mailing Address:    Laura T. Geyer
   VORYS, SATER, SEYMOUR AND PEASE LLP
   IPLAW@VORYS
   P.O. BOX 2255
   COLUMBUS, Ohio 43216-2255
        
RAM Sale Number: 88235204
RAM Accounting Date: 09/04/2019
        
Serial Number: 88235204
Internet Transmission Date: Wed Sep 04 14:29:48 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201909041429484
53036-88235204-6108de16ac0c129c4ace992c0
43ae8a16563ea785a7f8a63b956942bd15e691f9
e-DA-29480224-20190904134434092936