To: | Viking Products Group, Inc. (uspto@faysharpe.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88292559 - V - GARL500480US |
Sent: | 4/22/2019 4:29:40 PM |
Sent As: | ECOM115@USPTO.GOV |
Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88292559
MARK: V
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Viking Products Group, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 4/22/2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
The assigned trademark examining attorney has reviewed the referenced application. Applicant must respond timely and completely to the issue below. 15 U.S.C. §1062(b); 37 C.F.R. §§2.62(a), 2.65(a); TMEP §§711, 718.03.
OFFICE SEARCH
The trademark examining attorney’s search of the Office’s database of registered and pending marks has revealed no conflicting marks that would bar registration under Trademark Act Section 2(d). TMEP §704.02; see 15 U.S.C. §1052(d).
Applicant may substitute the following wording, if accurate:
Class 1: Chemical preparations, namely, urethane coating for waterproofing protection on roof systems;
chemical preparations, namely, urethane, liquid waterproofing membrane to maintain, restore and upgrade the performance of roof systems; chemical preparations, namely, urethane coating for
waterproofing protection on roof systems and provide a white reflective surface; roof coating formed primarily of resin with oil and asphalt; acrylic roofing coatings; water-based, pure
acrylic, self-curing latex polymer roof coating; liquid coating formed of elastomer for use on roofs, walls, and other building surfaces; solvent-based primer for use in roof systems;
polymer/copolymer coating that can be applied to various materials on a wall, floor and ceiling and which coating functions as a gas barrier and enables water vapor to pass through the coating;
polymer/copolymer coating that can be applied to various materials on a wall, floor and ceiling and which coating functions as an air barrier; elastomeric roof coatings, acrylic roof coatings;
urethane roof coatings; metal roof flashing; detail metal flashing for use in roof systems; galvanized steel sheet with a laminate of flashing for use in roof systems; metal building products,
namely, roof boots; metal roof drains; metal roof vents and breathers; metal roof clamps; metal building materials, namely, roof termination and anchor bars; SBS (styrene-butadiene-styrene
rubber) modified base sheet for use as an underlayment layer in a built-up roof system; an asphalt coated, SBS (styrene-butadiene-styrene rubber); liquid rubber composition used to form a synthetic
rubber roofing membrane; urethane sealants for waterproofing protection on roof systems; urethane sealants for waterproofing protection on roof systems and provide a white reflective surface;
roofing membrane for use as the waterproofing and reinforcement layer; rubber modified roofing membrane for use as the waterproofing and reinforcement layer; roofing membrane formed of polyester
reinforcing fabric reinforcement, rubber and asphalt; roofing coal tar pitch for use in waterproofing; polyester reinforcing fabric for use in roofing; polyester mat for use in roofing; roof
coating formed primarily of asphalt with oil and resin; waterproofing asphalt based coating for roofing; non-aluminized reflective waterproofing asphalt based coating for roofing; coal tar
impregnated fiberglass mats used in the construction of a coal tar built-up roof, not for use as load support surfaces; restoration coatings, namely, asphalt-based coatings to weatherproof, preserve
and protect metal, modified bitumen and coal tar pitch roofs; roof coating for waterproofing formed of asphalt, refined coal tar pitch, aromatic solvents and thermoplastic polymers; urethane
coating for waterproofing protection on roof systems sold as an integral part of roofing; urethane, liquid waterproofing membrane to maintain, restore and upgrade the performance of roof systems;
urethane coating for waterproofing protection on roof systems and provide a white reflective surface sold as an integral part of roofing; modified bitumen reinforced sheet for roofing
systems; modified bitumen reinforced sheet for weatherproofing roofing systems; modified bitumen sheet formed of a polymer mat impregnated with modified asphalt; modified bitumen sheet formed
of a polymer mat impregnated with modified asphalt and a mineral top coating; modified bitumen sheet formed of a polyester mat impregnated with modified asphalt; modified bitumen sheet formed of a
polyester mat impregnated with modified asphalt and a mineral top coating; modified bitumen sheet formed of a fiberglass mat impregnated with modified asphalt; modified bitumen sheet formed of a
fiberglass mat impregnated with modified asphalt and rubber; modified bitumen sheet formed of a fiberglass mat impregnated with modified asphalt and rubber and a mineral top coating; modified
fiberglass base sheet for use as an underlayment layer in a built-up roof system, not for use as load support surfaces; fiberglass mat impregnated with bitumen and rubber for use in roofing systems
not for use as load support surfaces; single-ply synthetic rubber roofing membrane; uncured neoprene sheet used in construction of flashing, gutter lining, waterproofing; EPDM (ethylene
propylene diene monomer rubber) membrane for use in roof systems; non-metal roof flashing; detail non-metal flashing for use in roof systems; roofing membrane; roofing membrane formed of reinforced
polyester knit fabric coated with a polymer compound; non-metal pre-molded and sheet form non-reinforced boots, corner flashing for use in roof systems; vinyl formulated sheet having a ribbed texture
for use in roof systems; thermoplastic roofing membrane; polyester reinforced thermoplastic roofing membrane; non-metal trim strips for use in roof systems; non-reinforced thermoplastic polyvinyl
chloride based membrane for use in roof systems; PVC roof flashing; reinforced PVC membrane for use in roof systems; non-reinforced thermoplastic polyolefin membrane for use in roof systems;
multilayer roof membrane formed of a thermoplastic polyolefin base; polyester-reinforced fabric center, and a thermoplastic polyolefin compounded top layer for use in roofing systems, building
construction; thermoplastic polyolefin pressure-sensitive membrane for use in roof systems; non-metal roof drains; non-metal roof vents and breathers; and non-metal building materials, namely, roof
termination and anchor bars; non-metal weather strips for buildings; non-metal building products, namely, asphalt roof coatings; bituminous roof coatings; non-metal roof coverings containing
acrylic; rubberized asphalt-based roofing primers; roofing base sheets in the nature of roofing fabrics; roof membranes; building material, namely, plastic webbing material used to reinforce
bituminous waterproofing sheets, non-metal building flashing; non-metallic roofing base sheets in the nature of roofing fabrics, roof membranes, building material, namely, plastic webbing material
used to reinforce bituminous waterproofing sheets, non-metal building flashing, non-metallic roofing shingles, non-metallic roofing underlayment membrane, non-metal roofing material, namely, a cap
sheet and a modified cap sheet with reinforcement material; coal tar impregnated fiberglass mats used in the construction of a coal tar built-up roof, for use as load supports
surfaces;
Class 2: Urethane coating for waterproofing protection on roof systems; urethane coating for waterproofing protection on roof systems and provide a white reflective surface; roof coating formed primarily of resin with oil and asphalt; acrylic roofing coatings; water-based, pure acrylic, self-curing latex polymer roof coating; liquid coating formed of elastomer for use on roofs, walls, and other building surfaces; solvent-based primer for use in roof systems; polymer/copolymer coating that can be applied to various materials on a wall, floor and ceiling and which coating functions as a gas barrier and enables water vapor to pass through the coating; polymer/copolymer coating that can be applied to various materials on a wall, floor and ceiling and which coating functions as an air barrier; elastomeric roof coatings, acrylic roof coatings; urethane roof coatings;
Class 6: Metal roof flashing; detail metal flashing for use in roof systems; galvanized steel sheet with a laminate of flashing for use in roof systems; metal building products, namely, roof boots; metal roof drains; metal roof vents and breathers; metal roof clamps; metal building materials, namely, roof termination and anchor bars;
Class 17: SBS (styrene-butadiene-styrene rubber) modified base sheet for use as an underlayment layer in a built-up roof system; an asphalt coated, SBS (styrene-butadiene-styrene rubber); liquid rubber composition used to form a synthetic rubber roofing membrane; urethane sealants for waterproofing protection on roof systems; urethane sealants for waterproofing protection on roof systems and provide a white reflective surface; uncured neoprene sheet used in construction of flashing, gutter lining, waterproofing;
Class 19: Roofing membrane for use as the waterproofing and reinforcement layer; rubber modified roofing membrane for use as the waterproofing and reinforcement layer; roofing membrane formed of polyester reinforcing fabric reinforcement, rubber and asphalt; roofing coal tar pitch for use in waterproofing; polyester reinforcing fabric for use in roofing; polyester mat for use in roofing; roof coating formed primarily of asphalt with oil and resin; waterproofing asphalt based coating for roofing; non-aluminized reflective waterproofing asphalt based coating for roofing; coal tar impregnated fiberglass mats used in the construction of a coal tar built-up roof, not for use as load support surfaces; restoration coatings, namely, asphalt-based coatings to weatherproof, preserve and protect metal, modified bitumen and coal tar pitch roofs; roof coating for waterproofing formed of asphalt, refined coal tar pitch, aromatic solvents and thermoplastic polymers; urethane coating for waterproofing protection on roof systems sold as an integral part of roofing; urethane coating for waterproofing protection on roof systems and provide a white reflective surface sold as an integral part of roofing; modified bitumen reinforced sheet for roofing systems; modified bitumen reinforced sheet for weatherproofing roofing systems; modified bitumen sheet formed of a polymer mat impregnated with modified asphalt; modified bitumen sheet formed of a polymer mat impregnated with modified asphalt and a mineral top coating; modified bitumen sheet formed of a polyester mat impregnated with modified asphalt; modified bitumen sheet formed of a polyester mat impregnated with modified asphalt and a mineral top coating; modified bitumen sheet formed of a fiberglass mat impregnated with modified asphalt; modified bitumen sheet formed of a fiberglass mat impregnated with modified asphalt and rubber; modified bitumen sheet formed of a fiberglass mat impregnated with modified asphalt and rubber and a mineral top coating; modified fiberglass base sheet for use as an underlayment layer in a built-up roof system, not for use as load support surfaces; fiberglass mat impregnated with bitumen and rubber for use in roofing systems not for use as load support surfaces; single-ply synthetic rubber roofing membrane; EPDM (ethylene propylene diene monomer rubber) membrane for use in roof systems; non-metal roof flashing; detail non-metal flashing for use in roof systems; roofing membrane; roofing membrane formed of reinforced polyester knit fabric coated with a polymer compound; non-metal pre-molded and sheet form non-reinforced boots, corner flashing for use in roof systems; vinyl formulated sheet having a ribbed texture for use in roof systems; thermoplastic roofing membrane; polyester reinforced thermoplastic roofing membrane; non-metal trim strips for use in roof systems; non-reinforced thermoplastic polyvinyl chloride based membrane for use in roof systems; PVC roof flashing; reinforced PVC membrane for use in roof systems; non-reinforced thermoplastic polyolefin membrane for use in roof systems; multilayer roof membrane formed of a thermoplastic polyolefin base; polyester-reinforced fabric center, and a thermoplastic polyolefin compounded top layer for use in roofing systems, building construction; thermoplastic polyolefin pressure-sensitive membrane for use in roof systems; non-metal roof drains; non-metal roof vents and breathers; and non-metal building materials, namely, roof termination and anchor bars; non-metal weather strips for buildings; non-metal building products, namely, asphalt roof coatings; bituminous roof coatings; non-metal roof coverings containing acrylic; rubberized asphalt-based roofing primers; roofing base sheets in the nature of roofing fabrics; roof membranes; building material, namely, plastic webbing material used to reinforce bituminous waterproofing sheets, non-metal building flashing; non-metallic roofing base sheets in the nature of roofing fabrics, roof membranes, building material, namely, plastic webbing material used to reinforce bituminous waterproofing sheets, non-metal building flashing, non-metallic roofing shingles, non-metallic roofing underlayment membrane, non-metal roofing material, namely, a cap sheet and a modified cap sheet with reinforcement material; coal tar impregnated fiberglass mats used in the construction of a coal tar built-up roof, for use as load supports surfaces;
(Suggested additions are underscored; suggested deletions are stricken.)
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
(1) List the goods and/or services by their international class number in consecutive numerical order, starting with the lowest numbered class.
(2) Submit a filing fee for each international class not covered by the fee already paid (view the USPTO’s current fee schedule). The application was submitted with a filing fee for one class.
See 15 U.S.C. §§1051(b), 1112, 1126(e); 37 C.F.R. §§2.32(a)(6)-(7), 2.34(a)(2)-(3), 2.86(a); TMEP §§1403.01, 1403.02(c).
See an overview of the requirements for a multiple-class application and how to satisfy the requirements online using the Trademark Electronic Application System (TEAS) form.
RESPONSE GUIDELINES
Please call or email the assigned trademark examining attorney with questions about this Office action. Although the trademark examining attorney cannot provide legal advice or statements about applicant’s rights, the trademark examining attorney can provide applicant with additional explanation about the issue in this Office action. See TMEP §§705.02, 709.06. Although the USPTO does not accept emails as responses to Office actions, emails can be used for informal communications and will be included in the application record. See 37 C.F.R. §§2.62(c), 2.191; TMEP §§304.01-.02, 709.04-.05.
/Betty Chang/
Examining Attorney
Law Office 115
571-272-6517
betty.chang@uspto.gov
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.