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. 88451149  (Stylized and/or with Design, see http://uspto.report/TM/88451149/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 035 for Business operation of manufacturing and distribution facilities and of services for producing colorants for coloring particulate landscaping materials, cement materials, stone materials, asphalt materials, concrete materials, rubber materials, recycled rubber materials, coating materials, and inks Colorants for use in, namely, landscape materials, the manufacture of landscaping mulch, particulate landscape materials, cement, stone, concrete, asphalt, coating materials, rubber, recycled rubber, and inks Dispersion for use in, namely, graphic arts, building materials, industrial colorants, paint and coatings, printing inks, paper, conductive/resistive and food Power operated equipment for colouring landscaping products, materials, and particulate materials. Online retail, catalogue retail and retail store services in connection with landscaping materials and providing product information for others for retail purposes in the field of landscaping materials
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: Business operation of manufacturing and distribution facilities and of services for producing colorants for coloring particulate landscaping materials, cement materials, stone materials, asphalt materials, concrete materials, rubber materials, recycled rubber materials, coating materials, and inks Colorants for use in, namely, landscape materials, the manufacture of landscaping mulch, particulate landscape materials, cement, stone, concrete, asphalt, coating materials, rubber, recycled rubber, and inks Dispersion for use in, namely, graphic arts, building materials, industrial colorants, paint and coatings, printing inks, paper, conductive/resistive and food Power operated equipment for colouring landscaping products, materials, and particulate materials. Online retail, catalogue retail and retail store services in connection with landscaping materials and providing product information for others for retail purposes in the field of landscaping materials; Business operation of manufacturing and distribution facilities and business operation of services providers of colorants for coloring particulate landscaping materials, cement materials, stone materials, asphalt materials, concrete materials, rubber materials, recycled rubber materials, coating materials, and inks; Online retail, catalogue retail and retail store services featuring landscaping materials; providing product information for others for retail purposes in the field of landscaping materialsClass 035 for Business operation of manufacturing and distribution facilities and business operation of services providers of colorants for coloring particulate landscaping materials, cement materials, stone materials, asphalt materials, concrete materials, rubber materials, recycled rubber materials, coating materials, and inks; Online retail, catalogue retail and retail store services featuring landscaping materials; providing product information for others for retail purposes in the field of landscaping materials
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 002 for Colorants for use in the manufacture of landscape materials in the nature of landscaping mulch, particulate landscape materials, cement, stone, concrete, asphalt, coating materials, rubber, recycled rubber, and inks; Colorant dispersions for use in graphic arts, building materials, industrial colorants, paint and coatings, printing inks, paper, conductive/resistive and food
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: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is located at

      SUITE 1100
      950 MAIN AVE.
      CLEVELAND, Ohio 44113
      US
The docket/reference number is 16199-000033.

The phone number is 216-696-5364.

The fax number is 216-592-5009.

The email address is carlos.garritano@tuckerellis.com

The applicants proposed attorney information: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1100
      950 MAIN AVE.
      CLEVELAND, Ohio 44113
      United States
The docket/reference number is 16199-000033.

The phone number is 216-696-5364.

The fax number is 216-592-5009.

The email address is carlos.garritano@tuckerellis.com

Carlos P. Garritano 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: CARLOS P. GARRITANO. CARLOS P. GARRITANO of TUCKER ELLIS, LLP, is located at

      SUITE 1100
      950 MAIN AVE.
      CLEVELAND, Ohio 44113
      US
The docket/reference number is 16199-000033.

The phone number is 216-696-5364.

The fax number is 216-592-5009.

The email address is carlos.garritano@tuckerellis.com; trademarks@tuckerellis.com

The applicants proposed correspondence information: Carlos P. Garritano. Carlos P. Garritano of TUCKER ELLIS, LLP, is located at

      SUITE 1100
      950 MAIN AVE.
      CLEVELAND, Ohio 44113
      United States
The docket/reference number is 16199-000033.

The phone number is 216-696-5364.

The fax number is 216-592-5009.

The email address is carlos.garritano@tuckerellis.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: /Carlos P. Garritano/      Date: 02/11/2020
Signatory's Name: Carlos P. Garritano
Signatory's Position: Attorney of record, Ohio Bar member
Signatory's Phone Number: 2166965364


Response Signature
Signature: /Carlos P. Garritano/     Date: 02/11/2020
Signatory's Name: Carlos P. Garritano
Signatory's Position: Attorney of Record, Ohio bar member

Signatory's Phone Number: 2166965364

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:    CARLOS P. GARRITANO
   TUCKER ELLIS, LLP
   SUITE 1100
   950 MAIN AVE.
   CLEVELAND, Ohio 44113
Mailing Address:    Carlos P. Garritano
   TUCKER ELLIS, LLP
   SUITE 1100
   950 MAIN AVE.
   CLEVELAND, Ohio 44113
        
RAM Sale Number: 88451149
RAM Accounting Date: 02/11/2020
        
Serial Number: 88451149
Internet Transmission Date: Tue Feb 11 17:20:08 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020021117200874
2905-88451149-7006275bed2533423c234a8e5a
8b281f7e93dac5b5ed553285a42f10baaad2de50
-DA-20064910-20200211164541306596