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. 88491844 POLYPROOF(Standard Characters, see http://uspto.report/TM/88491844/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 019 for Below and above grade waterproofing systems, and air and vapor barrier systems for commercial construction
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: Below and above grade waterproofing systems, and air and vapor barrier systems for commercial construction; Below and above grade waterproofing systems, air and/or vapor barrier systems for commercial construction comprised of waterproofing membranes for roofing, floors, and wallsClass 019 for Below and above grade waterproofing systems, air and/or vapor barrier systems for commercial construction comprised of waterproofing membranes for roofing, floors, and walls
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: Jess M. Collen. Jess M. Collen of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 SOUTH HIGHLAND AVENUE
      OSSINING, New York 10562
      US
The docket/reference number is Y635.

The phone number is 914-941-5668.

The fax number is (914) 941-6091.

The email address is trademark@collenip.com

The applicants proposed attorney information: Jess M. Collen. Other appointed attorneys are Audra Kemp. Jess M. Collen of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 SOUTH HIGHLAND AVENUE
      OSSINING, New York 10562
      United States
The docket/reference number is Y635.

The phone number is 914-941-5668.

The fax number is (914) 941-6091.

The email address is trademark@collenip.com

Jess M. Collen 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: JESS M. COLLEN. JESS M. COLLEN of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 SOUTH HIGHLAND AVENUE
      OSSINING, New York 10562
      US
The docket/reference number is Y635.

The phone number is 914-941-5668.

The fax number is (914) 941-6091.

The email address is trademark@collenip.com; tmcollen@collenip.com

The applicants proposed correspondence information: Jess M. Collen. Jess M. Collen of COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 SOUTH HIGHLAND AVENUE
      OSSINING, New York 10562
      United States
The docket/reference number is Y635.

The phone number is 914-941-5668.

The fax number is (914) 941-6091.

The email address is trademark@collenip.com; tmcollen@collenip.com

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_711254634-101517531_._Y635_Signed_Declaration_in_Support_of_Application_190703.PDF
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Pierluigi Ciferni
Signatory's Position: CEO

Response Signature
Signature: /audra kemp/     Date: 10/16/2019
Signatory's Name: Audra Kemp
Signatory's Position: Senior Associate Attorney, Collen IP, NY State Bar member

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:    JESS M. COLLEN
   COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 SOUTH HIGHLAND AVENUE
   OSSINING, New York 10562
Mailing Address:    Jess M. Collen
   COLLEN IP, INTELLECTUAL PROPERTY LAW, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 SOUTH HIGHLAND AVENUE
   OSSINING, New York 10562
        
Serial Number: 88491844
Internet Transmission Date: Wed Oct 16 10:39:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191016103906214
231-88491844-610a9165a71c1885f5da135c8d9
229edc65c1966c13f6ad5cbe3582e6846e68e856
-N/A-N/A-20191016101517531420