Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

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- 1957

Approved for use through 11/30/2023. OMB 0651-0050

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.

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90691918 COOKCRETE(Standard Characters, see http://uspto.report/TM/90691918/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 040 for Processing of concrete
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/21/2018 and first used in commerce at least as early as 03/21/2018 , and is now in use in such commerce.


Proposed:
Class 040 for Processing of concrete
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/21/2018 and first used in commerce at least as early as 03/21/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 040. The specimen(s) submitted consists of The substitute specimen, "Substitute_Specimen_Full_Persepctive," consists of a component used to manufacture or process concrete. The substitute specimen mixes raw materials, such as cement, aggregate, and chemical additives, to form concrete as shown in the original specimens submitted from the initial filing date. The substitute specimen then transports the ready-mix or concrete to a nearby project that necessitates concrete implementation while using our service as a vehicle facilitating the manufacturing and disbursement of concrete. The substitute specimen also bears the correct representation of the mark "COOKCRETE" located on the drum of the commercial vehicle, which was not visible in the initial specimens but was attached to the commercial vehicle before and at the time of the application, as well as the date the photos were recorded. The driver side door and passenger-side door of the green commercial vehicle display the mark as separated with a space, "COOK CRETE," for the purpose of magnifying the mark's font to improve visibility of the mark for advertisement/marketing purposes considering the total measurable area of each door panel is significantly smaller than that of the vehicle's drum which provides an optimal measurable area to display the mark correctly and accurately. This vehicle has been in use while possessing the mark since 2018..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1


Webpage URL: None Provided
Webpage Date of Access: None Provided
Correspondence Information (current):
      COOK, INCORPORATED
      PRIMARY EMAIL FOR CORRESPONDENCE: mcook@alconcrete.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      COOK, INCORPORATED
      PRIMARY EMAIL FOR CORRESPONDENCE: mcook@alconcrete.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 90691918VSS.

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)
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: /Duane Cook/      Date: 01/24/2022
Signatory's Name: Duane Cook
Signatory's Position: Vice President
Signatory's Phone Number: 630-903-4748

Signature method: Signed directly within the form

Response Signature
Signature: /Duane Cook/     Date: 01/24/2022
Signatory's Name: Duane Cook
Signatory's Position: Vice President

Signatory's Phone Number: 630-903-4748 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    COOK, INCORPORATED
   
   
   3302 BLOOMINGDALE AVENUE
   MELROSE PARK, Illinois 60106
Mailing Address:    COOK, INCORPORATED
   
   3302 Bloomingdale Avenue
   Melrose Park, Illinois 60106
        
Serial Number: 90691918
Internet Transmission Date: Mon Jan 24 15:57:36 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20220124155736398
606-90691918-800b5f079d8cf7547c2ab3d88c2
42c3032e117d61457a7732f518c7e4fd56520-N/
A-N/A-20220124153613468481