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. 88341552 HARDIEBACKER(Standard Characters, see http://uspto.report/TM/88341552/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Per the suggestions in the Office Action, Applicant hereby amends the application to add the following 2F statement based on the applicants prior registrations for the HARDIEBACKER mark: The mark has become distinctive of the goods and services as evidenced by the ownership of active U.S. Registration Numbers 3550567 and 3705668 on the Principal Register for the same mark for sufficiently similar goods and services. Should there be any additional questions the Examining Attorney is encouraged to contact the Applicants attorney.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: JAMES HARDIE TECHNOLOGY LIMITED, a corporation of Bermuda, having an address of

            Europa House, Second Floor      Harcourt Centre, Harcourt Street
      Dublin 2,
      Ireland

Proposed: JAMES HARDIE TECHNOLOGY LIMITED, a corporation of Bermuda, having an address of
      Europa House, Second Floor
      Harcourt Centre, Harcourt Street
      Dublin 2,
      Ireland
      Email Address: XXXX

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Active Prior Registration(s)
The mark has become distinctive of the goods/services as evidenced by the ownership on the Principal Register for the same mark for sufficiently similar goods/services of active U.S. Registration No(s). 3550567 and 3705668

Correspondence Information (current):
      Diane M. Reed
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is HARD1M.160T.
Correspondence Information (proposed):
      Diane M. Reed
      PRIMARY EMAIL FOR CORRESPONDENCE: efiling@knobbe.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is HARD1M.160T.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /charlene a. azema/     Date: 03/12/2020
Signatory's Name: Charlene A. Azema
Signatory's Position: Attorney for Applicant, Member of California Bar

Signatory's Phone Number: 9497600404

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:    Diane M. Reed
   KNOBBE, MARTENS, OLSON & BEAR, LLP
   
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California 92614
Mailing Address:    Diane M. Reed
   KNOBBE, MARTENS, OLSON & BEAR, LLP
   2040 MAIN STREET, 14TH FLOOR
   IRVINE, California 92614
        
Serial Number: 88341552
Internet Transmission Date: Thu Mar 12 17:34:02 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2020031217340290
6385-88341552-710f71f9f56a96710b5f77b366
4a54b9701426dc7cf064b353e891a656a6a8c7f5
-N/A-N/A-20200312172549558114