Response to Office Action

PETRA

ARCBYT, INC.

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90238629
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK mark
LITERAL ELEMENT PETRA
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.
GOODS AND/OR SERVICES SECTION (037) (current)
INTERNATIONAL CLASS 037
DESCRIPTION
Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; electrical transmission construction services; Construction management of tunnels and underground structures for others; leasing of tunnels, rights to subsurface real estate, and underground structures
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (037) (proposed)
INTERNATIONAL CLASS 037
TRACKED TEXT DESCRIPTION
Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; electrical transmission construction services; construction of electrical transmission towers, tunnels and trenches for others; Construction management of tunnels and underground structures for others; Construction management of tunnels and underground structures for others.; leasing of tunnels, rights to subsurface real estate, and underground structures
FINAL DESCRIPTION
Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; construction of electrical transmission towers, tunnels and trenches for others; Construction management of tunnels and underground structures for others.
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036)(class added)
INTERNATIONAL CLASS 036
DESCRIPTION
Leasing of real property in the nature of tunnels and underground structures.
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
ATTORNEY INFORMATION (current)
NAME Britt L. Anderson
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME PERKINS COIE LLP
STREET 3150 PORTER DR.
CITY PALO ALTO
STATE California
POSTAL CODE 94304
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 650-838-4300
FAX 650-838-4350
EMAIL pctrademarks@perkinscoie.com
DOCKET/REFERENCE NUMBER 130353.4000
ATTORNEY INFORMATION (proposed)
NAME Britt L. Anderson
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME PERKINS COIE LLP
STREET P.O. Box 2608
CITY Seattle
STATE Washington
POSTAL CODE 98111
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 650-838-4300
FAX 650-838-4350
EMAIL pctrademarks@perkinscoie.com
DOCKET/REFERENCE NUMBER 130353.4000
OTHER APPOINTED ATTORNEY Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, James R. Davis, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Julie A. Kent, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel, Grace Han Stanton, James L. Vana, Fabricio Vayra and Robert G. Woolston
CORRESPONDENCE INFORMATION (current)
NAME BRITT L. ANDERSON
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pctrademarks@perkinscoie.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 130353.4000
CORRESPONDENCE INFORMATION (proposed)
NAME Britt L. Anderson
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE pctrademarks@perkinscoie.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER 130353.4000
PAYMENT SECTION
APPLICATION FOR REGISTRATION PER CLASS 350
NUMBER OF CLASSES 1
TOTAL FEES DUE 350
SIGNATURE SECTION
DECLARATION SIGNATURE /Britt L. Anderson/
SIGNATORY'S NAME Britt L. Anderson
SIGNATORY'S POSITION Attorney of record, CA bar member
SIGNATORY'S PHONE NUMBER 650-838-4300
DATE SIGNED 03/31/2021
SIGNATURE METHOD Sent to third party for signature
RESPONSE SIGNATURE /Britt L. Anderson/
SIGNATORY'S NAME Britt L. Anderson
SIGNATORY'S POSITION Attorney of Record CA Bar
SIGNATORY'S PHONE NUMBER 16508384300
DATE SIGNED 03/31/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Wed Mar 31 18:34:38 ET 2021
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20210331183438326202-9023
8629-7701acb42648d2328b67
162b5e3dd5b423e445f161aa3
c5aa594c8be5d3c8e47-CC-34
350526-202103311639302720
93



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90238629 PETRA(Standard Characters, see http://uspto.report/TM/90238629/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 037 for Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; electrical transmission construction services; Construction management of tunnels and underground structures for others; leasing of tunnels, rights to subsurface real estate, and underground structures
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: Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; electrical transmission construction services; construction of electrical transmission towers, tunnels and trenches for others; Construction management of tunnels and underground structures for others; Construction management of tunnels and underground structures for others.; leasing of tunnels, rights to subsurface real estate, and underground structuresClass 037 for Construction services, namely, underground drilling of tunnels, utility lines, and underground structures; construction of utility lines; construction of electrical transmission towers, tunnels and trenches for others; Construction management of tunnels and underground structures for others.
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant hereby adds the following class of goods/services to the application:
New: Class 036 for Leasing of real property in the nature of tunnels and underground structures.
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


The owner's/holder's current attorney information: Britt L. Anderson. Britt L. Anderson of PERKINS COIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      3150 PORTER DR.
      PALO ALTO, California 94304
      United States
The docket/reference number is 130353.4000.
      The phone number is 650-838-4300.
      The fax number is 650-838-4350.
      The email address is pctrademarks@perkinscoie.com

The owner's/holder's proposed attorney information: Britt L. Anderson. Other appointed attorneys are Lindsay B. Allen, Britt L. Anderson, Craig A. Beaker, Stefan B. Blum, Jared H. Bryant, Jeremy L. Buxbaum, L. Omar Cojulun, Sabrina J. Danielson, James R. Davis, Colleen M. Ganin, Alexander J.A. Garcia, Daniel J. Glenn, Mark S. Goodrich, Lynne E. Graybeal, Patchen M. Haggerty, John P. Halski, Thomas L. Holt, Jason S. Howell, Julie A. Kent, Lisa K. Koenig, Elizabeth A. Kristoferson, Kirstin E. Larson, Winfield B. Martin, Alicia A. Matusheski, Vicki Y. Nee, Lisa T. Oratz, Scott J. Palmer, Seth H. Reagan, Andrew A. Roppel, Grace Han Stanton, James L. Vana, Fabricio Vayra and Robert G. Woolston. Britt L. Anderson of PERKINS COIE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 2608
      Seattle, Washington 98111
      United States
The docket/reference number is 130353.4000.
      The phone number is 650-838-4300.
      The fax number is 650-838-4350.
      The email address is pctrademarks@perkinscoie.com

Britt L. Anderson 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):
      BRITT L. ANDERSON
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 130353.4000.
Correspondence Information (proposed):
      Britt L. Anderson
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 130353.4000.

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 $350 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: /Britt L. Anderson/      Date: 03/31/2021
Signatory's Name: Britt L. Anderson
Signatory's Position: Attorney of record, CA bar member
Signatory's Phone Number: 650-838-4300

Signature method: Sent to third party for signature

Response Signature
Signature: /Britt L. Anderson/     Date: 03/31/2021
Signatory's Name: Britt L. Anderson
Signatory's Position: Attorney of Record CA Bar

Signatory's Phone Number: 16508384300 Signature method: Sent to third party for signature

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:    BRITT L. ANDERSON
   PERKINS COIE LLP
   
   3150 PORTER DR.
   PALO ALTO, California 94304
Mailing Address:    Britt L. Anderson
   PERKINS COIE LLP
   P.O. Box 2608
   Seattle, Washington 98111
        
PAYMENT: 90238629
PAYMENT DATE: 03/31/2021
        
Serial Number: 90238629
Internet Transmission Date: Wed Mar 31 18:34:38 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202103311834383
26202-90238629-7701acb42648d2328b67162b5
e3dd5b423e445f161aa3c5aa594c8be5d3c8e47-
CC-34350526-20210331163930272093


Response to Office Action [image/jpeg]


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