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. 88540619 GYP-CRETE EZ(Standard Characters, see http://uspto.report/TM/88540619/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:
Current: Class 019Cementitious flooring material for exterior and interior applications; building materials, namely, floor underlayments; flexible floor underlayment pad; self-leveling cementitious mixes; cementitious floor preparatory compound; cement mixes; mobile construction machine for mixing and pumping floor underlayment slurry; construction and repair services in the field of flooring underlayments
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: Cementitious flooring material for exterior and interior applications; Cementitious flooring material for interior applications; building materials, namely, floor underlayments; building materials, namely, flooring underlayments; flexible floor underlayment pad; flexible pad specially adapted for flooring underlayment; self-leveling cementitious mixes; cementitious floor preparatory compound; construction materials in the nature of cementitious floor preparatory compound; cement mixes; mobile construction machine for mixing and pumping floor underlayment slurry; construction and repair services in the field of flooring underlayments
Applicant hereby adds the following class of goods/services to the application:
New: Class 037 for Building construction and repair services in the field of flooring underlayments
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.

Owner AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Maxxon Corporation, a corporation of Minnesota, having an address of
      920 Hamel Road
      Hamel, Minnesota 55340
      United States

Proposed: Maxxon Corporation, a corporation of Minnesota, having an address of
      920 Hamel Road
      Hamel, Minnesota 55340
      United States
       Email Address: ipclient@fredlaw.com

The owner's/holder's current attorney information: John Pickerill. John Pickerill of FREDRIKSON & BYRON, P.A., is located at

      200 SOUTH 6TH STREET, SUITE 4000
      MINNEAPOLIS, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

The owner's/holder's proposed attorney information: John Pickerill. Other appointed attorneys are Cindy Moyer; Courtney Thompson; Tracy Deutmeyer. John Pickerill of Fredrikson & Byron, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      200 South 6th Street, Suite 4000
      Minneapolis, Minnesota 55402
      United States

The phone number is 612-492-7306.

The fax number is (612) 492-7077.

The email address is ip@fredlaw.com

John Pickerill 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.Correspondence Information (current):
      JOHN PICKERILL
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@fredlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wmunt@fredlaw.com
Correspondence Information (proposed):
      John Pickerill
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@fredlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wmunt@fredlaw.com

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).

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: /John Pickerill/      Date: 03/02/2020
Signatory's Name: John Pickerill
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 6124927306


Response Signature
Signature: /John Pickerill/     Date: 03/02/2020
Signatory's Name: John Pickerill
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 6124927306

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:    JOHN PICKERILL
   FREDRIKSON & BYRON, P.A.
   
   200 SOUTH 6TH STREET, SUITE 4000
   MINNEAPOLIS, Minnesota 55402
Mailing Address:    John Pickerill
   Fredrikson & Byron, P.A.
   200 South 6th Street, Suite 4000
   Minneapolis, Minnesota 55402
        
RAM Sale Number: 88540619
RAM Accounting Date: 03/02/2020
        
Serial Number: 88540619
Internet Transmission Date: Mon Mar 02 17:49:41 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020030217494164
9423-88540619-710ccedfde9870e82f77697b70
fc16d751423b86253d90e997d2673e8bf4febc-C
C-49405851-20200302174039670384