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

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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. 97188240 APEX (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9718824 0/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 019 for Non-metal building materials, namely, boards and decking made from bamboo polymer composite
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 06/00/2019 and first used in commerce at least as early as 06/00/2019 , and is now in use in such commerce.


Proposed:
Class 019 for Non-metal building materials, namely, boards and decking made from bamboo polymer composite
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 06/00/2019 and first used in commerce at least as early as 06/00/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 019. The specimen(s) submitted consists of The specimens consist of the the goods on its packaging, showing the mark as used in commerce. The description "grooved-20" on the labels refer to the thicknes of the decking, being 20 inches..
"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

The owner's/holder's current attorney information: Angel Miguel Munoz, Esq.. Angel Miguel Munoz, Esq. of MUNOZ-LOPEZ & ASSOCIATES PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 704
      305 Broadway
      New York, New York 10007
      United States
The docket/reference number is BDK2107.
      The phone number is 212-500-3288.
      The email address is miguel@munoz-lopez.com

The owner's/holder's proposed attorney information: Angel Miguel Munoz, Esq.. Angel Miguel Munoz, Esq. of MUNOZ-LOPEZ & ASSOCIATES PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Suite 704
      305 Broadway
      New York, New York 10007
      United States
The docket/reference number is BDK2302.
      The phone number is 212-500-3288.
      The email address is miguel@munoz-lopez.com

Angel Miguel Munoz, Esq. 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)
      Angel Miguel Munoz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: miguel@munoz-lopez.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dana@munoz-lopez.com; trademark@munoz-lopez.com; lorena@munoz-lopez.com

The docket/reference number is BDK2107.
Correspondence Information (proposed)
      Angel Miguel Munoz, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: miguel@munoz-lopez.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dana@munoz-lopez.com; trademark@munoz-lopez.com; lorena@munoz-lopez.com

The docket/reference number is BDK2302.

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: /AMM/      Date: 03/27/2023
Signatory's Name: Angel Miguel Munoz, Esq.
Signatory's Position: Attorney of Record, NY State Bar Member
Signatory's Phone Number: 212-500-3288

Signature method: Signed directly within the form

Response Signature
Signature: /AMM/     Date: 03/27/2023
Signatory's Name: Angel Miguel Munoz, Esq.
Signatory's Position: Attorney of Record, NY State Bar Member

Signatory's Phone Number: 212-500-3288 Signature method: Signed directly within the form

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:    Angel Miguel Munoz, Esq.
   MUNOZ-LOPEZ & ASSOCIATES PLLC
   Suite 704
   305 Broadway
   New York, New York 10007
Mailing Address:    Angel Miguel Munoz, Esq.
   MUNOZ-LOPEZ & ASSOCIATES PLLC
   Suite 704
   305 Broadway
   New York, New York 10007
        
Serial Number: 97188240
Internet Transmission Date: Mon Mar 27 17:42:55 ET 2023
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20230327174255326
269-97188240-85024f6669158aec2278568e3f7
aef8e53ff651e467e0fb3ff0762a3d92fa973e20
-N/A-N/A-20230327173732263986