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. 88337608 GREENWELD(Standard Characters, see http://uspto.report/TM/88337608/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 006 for Flashing; metal reinforced flashing with a polymer coating; aluminum reinforced flashing with a polymer coating; waterproof sheets for buildings; waterproof sheets for roofing; waterproof sheets formed of polymer coated metal sheets; waterproof sheets formed of polymer coated aluminum sheets; metal perimeter flashing, namely, fasciae and coping for building roofs; polymer coated metal perimeter flashing, namely, fasciae and coping for building roofs; polymer coated aluminum perimeter flashing, namely, fasciae and coping for building roofs
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: Flashing; Metal building flashing; metal reinforced flashing with a polymer coating; metal reinforced building flashing with a polymer coating; aluminum reinforced flashing with a polymer coating; aluminum reinforced building flashing with a polymer coating; waterproof sheets for buildings; sheets of metal, namely, waterproof sheets formed of polymer coated metal sheets; waterproof sheets for roofing; sheets of metal, namely, waterproof sheets formed of polymer coated aluminum sheets; waterproof sheets formed of polymer coated metal sheets; metal perimeter flashing, namely, fasciae and coping for building roofs; waterproof sheets formed of polymer coated aluminum sheets; metal flashing in the nature of polymer coated metal perimeter flashing, namely, fasciae and coping for building roofs; metal flashing in the nature of polymer coated aluminum perimeter flashing, namely, fasciae and coping for building roofs; polymer coated metal perimeter flashing, namely, fasciae and coping for building roofs; polymer coated aluminum perimeter flashing, namely, fasciae and coping for building roofsClass 006 for Metal building flashing; metal reinforced building flashing with a polymer coating; aluminum reinforced building flashing with a polymer coating; sheets of metal, namely, waterproof sheets formed of polymer coated metal sheets; sheets of metal, namely, waterproof sheets formed of polymer coated aluminum sheets; metal perimeter flashing, namely, fasciae and coping for building roofs; metal flashing in the nature of polymer coated metal perimeter flashing, namely, fasciae and coping for building roofs; metal flashing in the nature of polymer coated aluminum perimeter flashing, namely, fasciae and coping for building roofs
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 Non-metal building flashing; waterproof sheets of membrane for buildings; waterproof sheets of membrane for roofing
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: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      US
The docket/reference number is GARL500481US.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

The applicants proposed attorney information: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is GARL500481US.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

Brian E. Turung 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: BRIAN E. TURUNG. BRIAN E. TURUNG of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      US
The docket/reference number is GARL500481US.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

The applicants proposed correspondence information: Brian E. Turung. Brian E. Turung of FAY SHARPE LLP, is located at

      1228 EUCLID AVENUE
      CLEVELAND, Ohio 44115
      United States
The docket/reference number is GARL500481US.

The phone number is 216-363-9000.

The email address is uspto@faysharpe.com

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

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: /bet/      Date: 10/11/2019
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of record/Ohio bar member
Signatory's Phone Number: 216-363-9000


Response Signature
Signature: /bet/     Date: 10/11/2019
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of Record/Ohio bar member

Signatory's Phone Number: 216-363-9000

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:    BRIAN E. TURUNG
   FAY SHARPE LLP
   
   1228 EUCLID AVENUE
   CLEVELAND, Ohio 44115
Mailing Address:    Brian E. Turung
   FAY SHARPE LLP
   1228 EUCLID AVENUE
   CLEVELAND, Ohio 44115
        
RAM Sale Number: 88337608
RAM Accounting Date: 10/11/2019
        
Serial Number: 88337608
Internet Transmission Date: Fri Oct 11 10:02:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019101110022731
7375-88337608-6103db353e7365536ba278312b
fbc9427692b87f312516059d511d74ea3c89b89a
2-CC-02251239-20191011095856180864