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. 88358787 C (Stylized and/or with Design, see http://uspto.report/TM/88358787/mark.png) has been amended as follows:

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

Applicant advises that the Class 25 goods have been divided from the present application into a separate child application (No. 88975657), which resolves the potential Section 2(d) citation in the present application. Applicant requests that the present application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Installing tile, wood, carpet, stone, brick, pavers and decorative wall coverings
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Installing tile, wood, carpet, stone, brick, pavers and decorative wall coverings; Installing tile, wood flooring, carpet, stonework, brickwork, pavers and decorative wall coveringsClass 037 for Installing tile, wood flooring, carpet, stonework, brickwork, pavers and decorative wall coverings
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/00/2016 and first used in commerce at least as early as 01/00/2016 , and is now in use in such commerce.
The applicant's current attorney information: Bradley P. Hartman. Bradley P. Hartman of HARTMAN TITUS PLC, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      US
The docket/reference number is 1454.01.02.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com

The applicants proposed attorney information: Bradley P. Hartman. Bradley P. Hartman of HARTMAN TITUS PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      United States
The docket/reference number is 1454.01.02.A.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com

Bradley P. Hartman 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: BRADLEY P. HARTMAN. BRADLEY P. HARTMAN of HARTMAN TITUS PLC, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      US
The docket/reference number is 1454.01.02.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com; bhartman@hartmantitus.com

The applicants proposed correspondence information: Bradley P. Hartman. Bradley P. Hartman of HARTMAN TITUS PLC, is located at

      SUITE 101
      3507 N. CENTRAL AVE.
      PHOENIX, Arizona 85012-2121
      United States
The docket/reference number is 1454.01.02.A.

The phone number is 602-235-0500.

The email address is trademarks@hartmantitus.com; bhartman@hartmantitus.com

SIGNATURE(S)
Response Signature
Signature: /bradley p hartman/     Date: 08/28/2019
Signatory's Name: Bradley P. hartman
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 602-759-7459

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:    BRADLEY P. HARTMAN
   HARTMAN TITUS PLC
   SUITE 101
   3507 N. CENTRAL AVE.
   PHOENIX, Arizona 85012-2121
Mailing Address:    Bradley P. Hartman
   HARTMAN TITUS PLC
   SUITE 101
   3507 N. CENTRAL AVE.
   PHOENIX, Arizona 85012-2121
        
Serial Number: 88358787
Internet Transmission Date: Wed Aug 28 11:35:01 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082811350143
9293-88358787-610dc3d1e3efdfd3b2a442b032
37e78421f3a3ea8d26dd36edc7cc10b29dad7e-N
/A-N/A-20190828112713814380