Response to Office Action

FRAMEVENT

Busby, Philip J

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88261497
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://uspto.report/TM/88261497/mark.png
LITERAL ELEMENT FRAMEVENT
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (019)
INTERNATIONAL CLASS 017
DESCRIPTION
Plastic sections for use in the manufacture of spacer frames for use a building materials for heat-insulating applications, namely, plastic strips with or without sealant tape bonded to one side and on the opposing side with side to side and top to bottom openings along the length of the strips which can be used in a singular strip or locked together into a continuous long strip of varying lengths and all of the forgoing for use in exterior construction to allow air movement horizontally and vertically between layers of building materials so as to reduce or eliminate moisture collection between framing with sheeting material and or framing with building wrap material and a finished surface covering including roofing materials in roof framing and siding material in wall framing and decking materials in elevated decks
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/21/2019
        FIRST USE IN COMMERCE DATE At least as early as 03/21/2019
       STATEMENT TYPE "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].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-71237192192-20190422131750492097_._SPECIMEN.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT17\IMAGEOUT17\882\614\88261497\xml4\ROA0002.JPG
       SPECIMEN DESCRIPTION A photograph of the top side and bottom side of the Applicant's device showing the mark incorporated into the SKU tag for the product that is affixed along the length of the top side.
ADDITIONAL STATEMENTS SECTION
SUPPLEMENTAL REGISTER The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').
SIGNATURE SECTION
DECLARATION SIGNATURE /Mark S Hubert/
SIGNATORY'S NAME Mark S Hubert
SIGNATORY'S POSITION Attorney of Record - Admitted and in good standing eith the OregonState Bar
SIGNATORY'S PHONE NUMBER 5033120318
DATE SIGNED 04/22/2019
RESPONSE SIGNATURE /Mark S Hubert/
SIGNATORY'S NAME Mark S Hubert
SIGNATORY'S POSITION Attorney or record Oregon state bar membea
SIGNATORY'S PHONE NUMBER 5033120318
DATE SIGNED 04/22/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Apr 22 13:29:46 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190422132946491409-8826
1497-6201e58af727615bec6a
87b4ae6cf29082473be4c527f
473631dfbb331c1975e5e-N/A
-N/A-20190422131750492097



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. 88261497 FRAMEVENT(Standard Characters, see http://uspto.report/TM/88261497/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 019 for Building material, namely, plastic strips with or without sealant tape bonded to one side and on the opposing side with side to side and top to bottom openings along the length of the strips which can be used in a singular strip or locked together into a continuous long strip of varying lengths and all of the forgoing for use in exterior construction to allow air movement horizontally and vertically between layers of building materials so as to reduce or eliminate moisture collection between framing with sheeting material and or framing with building wrap material and a finished surface covering including roofing materials in roof framing and siding material in wall framing and decking materials in elevated decks

Applicant hereby adds the following class of goods/services to the application:
New: Class 017 (Original Class: 019 ) for Plastic sections for use in the manufacture of spacer frames for use a building materials for heat-insulating applications, namely, plastic strips with or without sealant tape bonded to one side and on the opposing side with side to side and top to bottom openings along the length of the strips which can be used in a singular strip or locked together into a continuous long strip of varying lengths and all of the forgoing for use in exterior construction to allow air movement horizontally and vertically between layers of building materials so as to reduce or eliminate moisture collection between framing with sheeting material and or framing with building wrap material and a finished surface covering including roofing materials in roof framing and siding material in wall framing and decking materials in elevated decks
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/21/2019 and first used in commerce at least as early as 03/21/2019 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 017 . The specimen(s) submitted consists of A photograph of the top side and bottom side of the Applicant's device showing the mark incorporated into the SKU tag for the product that is affixed along the length of the top side. .
"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:
SPU0-71237192192-20190422131750492097_._SPECIMEN.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


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: /Mark S Hubert/      Date: 04/22/2019
Signatory's Name: Mark S Hubert
Signatory's Position: Attorney of Record - Admitted and in good standing eith the OregonState Bar
Signatory's Phone Number: 5033120318


Response Signature
Signature: /Mark S Hubert/     Date: 04/22/2019
Signatory's Name: Mark S Hubert
Signatory's Position: Attorney or record Oregon state bar membea

Signatory's Phone Number: 5033120318

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: 88261497
Internet Transmission Date: Mon Apr 22 13:29:46 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904221329464
91409-88261497-6201e58af727615bec6a87b4a
e6cf29082473be4c527f473631dfbb331c1975e5
e-N/A-N/A-20190422131750492097


Response to Office Action [image/jpeg]


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