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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88701255 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
HYDRO-SLOPE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
Viking Products Group, Inc. |
MAILING ADDRESS |
3800 EAST 91ST STREET |
CITY |
CLEVELAND |
STATE |
Ohio |
ZIP/POSTAL CODE |
44105 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
Viking Products Group, Inc. |
MAILING ADDRESS |
3800 EAST 91ST STREET |
CITY |
CLEVELAND |
STATE |
Ohio |
ZIP/POSTAL CODE |
44105 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION (001) (current) |
INTERNATIONAL CLASS |
001 |
DESCRIPTION |
Leveling compound for use in improving drainage on rooftops; leveling compound for use on roofs; roof filler compound; roof patch
compound |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (001) (proposed) |
INTERNATIONAL CLASS |
001 |
TRACKED TEXT DESCRIPTION |
Leveling compound for use in improving drainage on rooftops; Self-leveling chemical compounds for use in building construction for use roofs to improve drainage on rooftops; leveling compound for use on roofs;
roof filler compound; roof patch compound |
FINAL DESCRIPTION |
Self-leveling chemical compounds for use in building construction for use roofs to improve drainage on rooftops |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (019)(class added) |
INTERNATIONAL CLASS |
019 |
DESCRIPTION |
Synthetic rubber compound for use as a roof patch, roof finisher, and roof leveling material; Urethane and rubber compound for use as a
roof patch, roof finisher, and roof leveling material |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
BRIAN E. TURUNG |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
uspto@faysharpe.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
GARL 500490U |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Brian E. Turung |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
uspto@faysharpe.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
bturung@faysharpe.com; mrohan@faysharpe.com |
DOCKET/REFERENCE NUMBER |
GARL 500490U |
PAYMENT SECTION |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
NUMBER OF CLASSES |
1 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/bet/ |
SIGNATORY'S NAME |
Brian E. Turung |
SIGNATORY'S POSITION |
Attorney of record/Ohio bar member |
SIGNATORY'S PHONE NUMBER |
216-363-9000 |
DATE SIGNED |
03/16/2020 |
RESPONSE SIGNATURE |
/bet/ |
SIGNATORY'S NAME |
Brian E. Turung |
SIGNATORY'S POSITION |
Attorney of Record/Ohio bar member |
SIGNATORY'S PHONE NUMBER |
216-363-9000 |
DATE SIGNED |
03/16/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 16 13:32:00 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0200316133200735587-88701
255-7109b5ac1dfcdf8a69dcb
48484f9bd6b9e362a66354f9c
128e87438169bf2614d4-CC-3
1587138-20200316132806902
841 |
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.
88701255 HYDRO-SLOPE(Standard Characters, see http://uspto.report/TM/88701255/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 001 for Leveling compound for use in improving drainage on rooftops; leveling compound for use on roofs; roof filler compound; roof patch compound
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: Leveling compound for use in improving drainage on rooftops;
Self-leveling chemical compounds for
use in building construction for use roofs to improve drainage on rooftops;
leveling compound for use on roofs;
roof
filler compound;
roof patch compoundClass 001 for Self-leveling chemical compounds for use in building construction for use roofs to improve drainage on
rooftops
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 019 for Synthetic rubber compound for use as a roof patch, roof finisher, and roof leveling material; Urethane and rubber compound for use as a roof patch, roof finisher, and roof
leveling material
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: Viking Products Group, Inc., a corporation of Delaware, having an address of
3800 EAST 91ST STREET
CLEVELAND, Ohio 44105
United States
Proposed: Viking Products Group, Inc., a corporation of Delaware, having an address of
3800 EAST 91ST STREET
CLEVELAND, Ohio 44105
United States
Email Address: XXXX
Correspondence Information (current):
BRIAN E. TURUNG
PRIMARY EMAIL FOR CORRESPONDENCE: uspto@faysharpe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is GARL 500490U.
Correspondence Information (proposed):
Brian E. Turung
PRIMARY EMAIL FOR CORRESPONDENCE: uspto@faysharpe.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bturung@faysharpe.com; mrohan@faysharpe.com
The docket/reference number is GARL 500490U.
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: /bet/ Date: 03/16/2020
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of record/Ohio bar member
Signatory's Phone Number: 216-363-9000
Response Signature
Signature: /bet/ Date: 03/16/2020
Signatory's Name: Brian E. Turung
Signatory's Position: Attorney of Record/Ohio bar member
Signatory's Phone Number: 216-363-9000
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: BRIAN E. TURUNG
FAY SHARPE LLP
1228 EUCLID AVENUE
CLEVELAND, Ohio 44115
Mailing Address: Brian E. Turung
FAY SHARPE LLP
1228 EUCLID AVENUE
CLEVELAND, Ohio 44115
RAM Sale Number: 88701255
RAM Accounting Date: 03/16/2020
Serial Number: 88701255
Internet Transmission Date: Mon Mar 16 13:32:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020031613320073
5587-88701255-7109b5ac1dfcdf8a69dcb48484
f9bd6b9e362a66354f9c128e87438169bf2614d4
-CC-31587138-20200316132806902841