Response to Office Action

OPTIMA

Earth Wall Products, LLC

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 90527138
LAW OFFICE ASSIGNED LAW OFFICE 118
MARK SECTION
MARK mark
LITERAL ELEMENT OPTIMA
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 (current)
INTERNATIONAL CLASS 019
DESCRIPTION Retaining wall systems
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 019
TRACKED TEXT DESCRIPTION
Retaining wall systems; Retaining wall systems consisting of concrete retaining walls
FINAL DESCRIPTION
Retaining wall systems consisting of concrete retaining walls
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
ATTORNEY INFORMATION (current)
NAME Scott A. Horstemeyer
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME THOMAS | HORSTEMEYER, LLP
INTERNAL ADDRESS SUITE 1600E
STREET 3200 WINDY HILL ROAD, SE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30339
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 770-933-9500
FAX 770-951-0933
EMAIL trademarks@thip.law
DOCKET/REFERENCE NUMBER 51813-3070
ATTORNEY INFORMATION (proposed)
NAME Scott A. Horstemeyer
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME THOMAS | HORSTEMEYER, LLP
INTERNAL ADDRESS SUITE 1600E
STREET 3200 WINDY HILL ROAD, SE
CITY ATLANTA
STATE Georgia
POSTAL CODE 30339
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 770-933-9500
FAX 770-951-0933
EMAIL trademarks@thip.law
DOCKET/REFERENCE NUMBER 51813-3070
CORRESPONDENCE INFORMATION (current)
NAME SCOTT A. HORSTEMEYER
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@thip.law
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) j.campbell@thip.law
DOCKET/REFERENCE NUMBER 51813-3070
CORRESPONDENCE INFORMATION (proposed)
NAME Scott A. Horstemeyer
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@thip.law
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) j.campbell@thip.law
DOCKET/REFERENCE NUMBER 51813-3070
SIGNATURE SECTION
RESPONSE SIGNATURE /scott horstemeyer/
SIGNATORY'S NAME Scott A. Horstemeyer
SIGNATORY'S POSITION Attorney, Georgia State Bar Member
SIGNATORY'S PHONE NUMBER 7709339500
DATE SIGNED 02/22/2022
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Tue Feb 22 15:35:18 ET 2022
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0220222153518972898-90527
138-800eb9fe741f2398f3c56
a14f993e83ed994d6f0d2f857
9115d1b0561a4ee8d-N/A-N/A
-20220222134154680784



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. 90527138 OPTIMA(Standard Characters, see http://uspto.report/TM/90527138/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 019 for Retaining wall systems
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Retaining wall systems; Retaining wall systems consisting of concrete retaining wallsClass 019 for Retaining wall systems consisting of concrete retaining walls
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


The owner's/holder's current attorney information: Scott A. Horstemeyer. Scott A. Horstemeyer of THOMAS | HORSTEMEYER, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1600E
      3200 WINDY HILL ROAD, SE
      ATLANTA, Georgia 30339
      United States
The docket/reference number is 51813-3070.
      The phone number is 770-933-9500.
      The fax number is 770-951-0933.
      The email address is trademarks@thip.law

The owner's/holder's proposed attorney information: Scott A. Horstemeyer. Scott A. Horstemeyer of THOMAS | HORSTEMEYER, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1600E
      3200 WINDY HILL ROAD, SE
      ATLANTA, Georgia 30339
      United States
The docket/reference number is 51813-3070.
      The phone number is 770-933-9500.
      The fax number is 770-951-0933.
      The email address is trademarks@thip.law

Scott A. Horstemeyer 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):
      SCOTT A. HORSTEMEYER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thip.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): j.campbell@thip.law

The docket/reference number is 51813-3070.
Correspondence Information (proposed):
      Scott A. Horstemeyer
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thip.law
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): j.campbell@thip.law

The docket/reference number is 51813-3070.

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).

SIGNATURE(S)
Response Signature
Signature: /scott horstemeyer/     Date: 02/22/2022
Signatory's Name: Scott A. Horstemeyer
Signatory's Position: Attorney, Georgia State Bar Member

Signatory's Phone Number: 7709339500 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:    SCOTT A. HORSTEMEYER
   THOMAS | HORSTEMEYER, LLP
   SUITE 1600E
   3200 WINDY HILL ROAD, SE
   ATLANTA, Georgia 30339
Mailing Address:    Scott A. Horstemeyer
   THOMAS | HORSTEMEYER, LLP
   SUITE 1600E
   3200 WINDY HILL ROAD, SE
   ATLANTA, Georgia 30339
        
Serial Number: 90527138
Internet Transmission Date: Tue Feb 22 15:35:18 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2022022215351897
2898-90527138-800eb9fe741f2398f3c56a14f9
93e83ed994d6f0d2f8579115d1b0561a4ee8d-N/
A-N/A-20220222134154680784



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