Request for Reconsideration after Final Action
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`Page 1 of 6
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`PTO Form 1930 (Rev 9/2007)
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`OMB No. 0651-0050 (Exp. 4/30/2009)
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`Request for Reconsideration after Final Action
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`The table below presents the data as entered.
`
`Input Field
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`Entered
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`SERIAL NUMBER
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`77310761
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`LAW’ OFFICE ASSIGNED
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`LAW OFFICE 116
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`l\/LARK SECTION (no change)
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`ARGUNIENT(S)
`
`In response to the Final Ofiice Action dated February 22, 2009, Applicant responds as follows.
`Reconsideration of the application is requested.
`
`Please amend the description of goods in International Class 019 as follows:
`
`SNOW STABILIZERS FOR PITCHED ROOFS NAMELY A NON-METAL
`DEVICE FOR ATTACHMENT TO PITCHED ROOFS TO RETAIN SNOW.
`
`As an initial matter, it is Applicant’s understanding that the specimen for Class 001 is
`appropriate, as indicated by the Examining Attorney on August 1, 2008.
`
`Applicant hereby submits a new specimen for International Class 019, as well as a specimen for
`International Class 017, which was added in Applicant’s previous response dated January 30, 2009.
`
`Applicant has concurrently filed herewith a Notice of Appeal in contemplation of the
`Examiner’s possible rejection of the application as amended in this response. Applicant believes the
`application is now in condition for allowance and publication, and Notice to this effect is earnestly
`solicited.
`
`file://\\ticrs-ais—O1\ticrsexport\HtmlToTifiInput\RFR000l2009_O8_26_l5_27_18_TTABO...
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`8/26/2009
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`

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`Request for Reconsideration after Final Action
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`Page 2 of 6
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`FIRST USE ANYWHERE DATE
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`At least as early as 03/00/1992
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`GOODS AND/OR SERVICES SECTION (017)(pr0pOsed)
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`INTERVATIONAL CLASS
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`017
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`DESCRIPIION
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`FIRSTANYWHEREDATE
`FRSTUSEINCOMMERCE
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`STATEMENT TYPE
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`SPECIMEN FILE NAME(S)
`
`ORIGINAL
`PDF FILE
`
`"The substitute specimen(s) was in use in commerce at least
`as early as the filing date of the application."
`
`http://tgate/PDF/RFR/2009/08/24/200908241041 10708327-
`77310761-OO2_O01/SPU1—639012014-
`172844193_._Specimen_for_C1ass_17.PDF
`
`
`
`(1 page)
`
`\\TICRS\EXPORT7\IMAGEOUT7\773\107\77310761\xm11
`\RFR00O2.JPG
`Seamed product guide-
`GOODS AND/OR SERVICES SECTION (019)(curI-ent)
`
`DES CRIPTION
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`SNOW STABILIZERS, NAMELY, SNOW STABILIZERS FOR PITCHED ROOFS, AND TAR-
`BASED ROOFING SEALANTS
`
`
`
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`GOODS AND/OR SERVICES SECTION (019)(pr0posed)
`MERNATIONALCLASS
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`
`
`
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`SNOW STABILIZERS FOR PITCHED ROOFS, NAMELY, A NON-METAL DEVICE FOR
`ATTACHMENT TO PITCHED ROOFS TO RETAIN SNOW
`
`SW0“ 1<a>
`A‘ ‘W as early as 03/0°/19”
`
`
`
`
`
`file://\\ticrs-ais-01\ticrsexpOrt\HtmlToTifl'Input\RFRO0012009_O8_26_15_27_18_TTABO...
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`8/26/2009
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`At least as early as 03/OO/ 1992
`
`At least as early as 03/00/1992
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`
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`FIRST USE IN COMMERCE DATE
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`FIRST USE ANYWHERE DATE
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`
`
`

`
`Request for Reconsideration after Final Action
`
`Page 3 of 6
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`
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`FIRST USE IN COMMERCE DATE
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`STATEMENT TYPE
`
`SPECEVIEN FILE NAME(S)
`
`ORIGINAL
`PDF FILE
`
`C ONVERTED
`
`At least as early as 03/00/1992
`
`
`"The substitute specimen(s) was in use in commerce at least
`.
`.
`.
`,,
`as early as the filing date of the application.
`
`
`
`
`
`
`
`
`
`
`
`
`
`http://tgate/PDF/RFR/2009/08/24/20090824104110708327-
`77310761-002_0O2/SPU2-639012014-
`172844193_._Specimen_for_C1ass_19. PDF
`
`'
`
`.
`
`
`
`1,DFmE(s)
`
`(2 pages)
`
`'
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`SIGNATURE SECTION
`
`\\TICRS\EXPORT7\IMAGEOUT7\773\107\7731076l\xn1l1
`\RF R000 4. JPG
`
`
`
`
`
`
`
`USPTO/RFR-76.253.114.133-
`200908241041 10708327-7731
`0761-430f33cd7796c7b6bc9e
`f2b3d1625e5b865—N/A-N/A-2
`009082 1 172844193178
`
`CONCURRENT APPEAL NOTICE FILED
`
`
`
`
`
`
`TEAS STAMP
`
`PTO Form 1930 (Rev 9/2007)
`
`OMB No. 0551-0050 (Exp. 4/so/zoos)
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`
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`file://\\ticrs-ais-0l\ticrsexport\HtmlToTifi'lnput\RFROO012009_08_26_15_27_18_TTABO...
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`8/26/2009
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`

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`Request for Reconsideration after Final Action
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`Page 4 of 6
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`Request for Reconsideration after Final Action
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`To the Commissioner for Trademarks:
`
`Application serial no. 77310761 has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refI1sal(s), please note the following:
`
`In response to the Final Office Action dated February 22, 2009, Applicant responds as follows.
`Reconsideration of the application is requested.
`
`Please amend the description of goods in International Class 019 as follows:
`
`S
`
`
`SNOW STABILIZERS FOR PITCHED ROOFS, NAMELY,_A_NON-METAL DEVICE
`FOR ATTACHMENT TO PITCHED ROOFS TO RETAIN SNOW.
`
`As an initial matter, it is Applicant’s understanding that the specimen for Class 001 is appropriate,
`as indicated by the Examining Attorney on August 1, 2008.
`
`Applicant hereby submits a new specimen for International Class 019, as well as a specimen for
`International Class 017, which was added in Applicant’s previous response dated January 30, 2009.
`
`Applicant has concurrently filed herewith a Notice of Appeal in contemplation of the Examiner’s
`possible rejection of the application as amended in this response. Applicant believes the application is
`now in condition for allowance and publication, and Notice to this effect is earnestly solicited.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 017 for ADHESIVE SEALANTS FOR GENERAL USE
`Original Filing Basis:
`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 l05l(a), as amended. The mark was first used at
`least as early as 03/00/1992 and first used in commerce at least as early as 03/00/1992, and is now in use
`in such commerce.
`
`Proposed: Class 017 for ADHESIVE SEALANTS FOR GENERAL USE
`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 l051(a), as amended. The mark was first used at
`least as early as 03/O0/ 1992 and first used in commerce at least as early as 03/00/1992, and is now in use
`in such commerce.
`
`Applicant hereby submits a new specimen for Class 017. The specimen(s) submitted consists of Scanned
`product guide..
`For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in
`
`file://\\ticrs—ais—01\ticrsexpo1t‘\HtmlToTifi‘Input\RFR00O12009_08_26_l5_27_l8_TTABO...
`
`8/2 6/2009
`
`

`
`Request for Reconsideration after Final Action
`
`Page 5 of 6
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`commerce as of the filing date of the application."
`Original PDF file:
`http://tgate/PDF/RFR/2009/08/24/20090824104110708327-773 10761-002_O01/SPU1—6390l20l4-
`172844193_._Specimen_fo1'“Class_l7.PDF
`Converted PDF file(s) (1 page)
`Sp9c_i,rae;1_Ffle1.
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 019 for SNOW STABILIZERS, NAMELY, SNOW STABILIZERS FOR PITCHED
`ROOFS, AND TAR—BASED ROOFING SEALANTS
`Original Filing Basis:
`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 03/00/1992 and first used in commerce at least as early as 03/00/1992, and is now in use
`in such commerce.
`
`Proposed: Class 019 for SNOW STABILIZERS FOR PITCHED ROOFS, NAMELY, A NON—METAL
`DEVICE FOR ATTACHMENT TO PITCHED ROOFS TO RETAIN SNOW
`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 l051(a), as amended. The mark was first used at
`least as early as 03/OO/ 1992 and first used in commerce at least as early as 03/00/1992, and is now in use
`in such commerce.
`
`Applicant hereby submits a new specimen for Class 019.
`For an application based on 1(a), Use in Commerce, "The substitute specimen(s) was in use in
`commerce as of the filing date of the application."
`Original PDF file:
`http://tgate/PDF/RFR/2009/08/24/20090824104110708327-77310761-002_002/SPU2-639012014-
`172844193_._Specimen_for_Class_19.PDF
`Converted PDF file(s) (2 pages)
`Specimen Filel
`Specimen Fi_le2
`
`SIGNATURE(S)
`Declaration Signature
`If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the
`applicant has had a bona fide intention to use or use through the applicant's related company or licensee
`the mark in commerce on or in connection with the identified goods and/or services as of the filing date
`of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant
`has had a bona tide intention to exercise legitimate control over the use of the mark in commerce by its
`members. 37 C.F. R. Sec. 2.44. Ifthe applicant is seeking registration under Section 1(a) of the
`Trademark Act, the mark was in use in commerce on or in connection with the goods or services listed
`in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(l)(i); and/or the applicant has
`exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244.
`"lhe undersigned, being hereby warned that willful false statements and the like so made are punishable
`by fine or imprisonment, or both, under 18 U.S.C. §lO0l, and that such willful false statements may
`jeopardize the validity of the application or any resulting registration, declares that he/she is properly
`authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the
`owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15
`U.S.C. §l05 1 (b), he/she believes applicant to be entitled to use such mark in commerce; to the best of
`
`file://\\ticrs—ais—01\.ticrsexport\HtmlToTifi‘Input\RFR00O12009_08_26_1 5_27_18__TTABO...
`
`8/26/2009
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`

`
`Request for Reconsideration after Final Action
`
`Page 6 of 6
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`his/her knowledge and belief no other person, firm, corporation, or association has the right to use the
`mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be
`likely, when used on or in connection with the goods/services of such other person, to cause confusion,
`or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all
`statements in the original application and this submission made of the declaration signer's knowledge are
`true; and all statements in the original application and this submission made on information and belief
`are believed to be true.
`
`Date: 08/21/2009
`Signature: /Virgie Ammerrnan/
`Signatory's Name: Virgie Ammerman
`Signatory's Position: CFO, CPA
`
`Request for Reconsideration Signature
`Signature: /Brian R. Cheslek/ Date: 08/23/2009
`Signa1ory's Name: Brian R. Cheslek
`Signatory's Position: Attorney of Record, Michigan Bar Member
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of
`the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal
`territories and possessions; and he/she is currently the applicant's attorney or an associate thereof; and to
`the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian
`attorney/agent not currently associated with his/her company/firm previously represented the applicant
`in this matter: (1) the applicant has filed or is concurrently filing a signed revocation of or substitute
`power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to
`Withdraw; (3) the applicant has filed a power of attorney appointing him/her in this matter; or (4) the
`applicant's appointed U.S. attorney or Canadian attomey/agent has filed a power of attorney appointing
`him/her as an associate attorney in this matter.
`
`The applicant is filing a Notice of Appeal in conjunction with this Request for Reconsideration.
`
`Serial Number: 77310761
`
`Internet Transmission Date: Mon Aug 24 10:41:10 EDT 2009
`TEAS Stamp: USPTO/RFR-76.253. 114.133-200908241041 107
`08327-77310761-430f33cd7796c7b6bc9ef2b3d
`1625e5b865-N/A-N/A-20090821172844193178
`
`file://\\tiers—ais—01\ticrsexport‘\HtmlToTifl'1nput\RFR00012009_08_26_15_27_18_TTABO...
`
`8/26/2009
`
`

`
`Advanced Architectural Products
`CHEMLINK 8
`
`Contractor Hot Line 800-826-1681 - www.chemIinkinc.cam - chemIink@chemIinkinc.com
`
`

`
`—J
`
`
`
`:
`
`gigwflwezmasr
`
`WITH SNO WSHOES"
`
`Dangerous snow slides can occur when ice and snow build up on pitched roofs. Help reduce the possibility
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`
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`Frau: PACK contains 24 Szvcwsaoss and three tubes DURASIL adhesive.
`
`installation is easy with translucent DURASIL adhesive provided in every kit. No screws or mechanical
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`
`CHEM LINK
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`O‘207.’5‘.l
`
`‘
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`
`1. Remove all surface contamination such as dirt, oil, caulking, and roof
`mastics from the bonding area. Clean the bonding surface with alcohol. New
`galvanized steel may require a vinegar scrub to remove protective wax
`coating. Wipe the area dry before bonding.
`
`2. Mark the position of each part before starting the installation. Lay out the
`SNOWSHOES with a tape measure in two staggered lines, approximately
`two feet apart horizontally and two feet apart vertically. To help prevent ice
`dams, set the first row no less than one foot above the plane of the exterior
`wall.‘
`
`3. Roofs with a 6/12 pitch or greater require a third staggered row of
`SNOWSHOES. Also, if the distance from the roof edge to the peak is thirty
`feet or greater (regardless of slope), two additional staggered rows of
`SNOWSHOES should be installed at the mid-point. it is also recommended
`that SNOWSHOES be installed over all doorways and roofvalley areas for
`
`added protection.
`
`4. Apply enough DURASIL adhesive to coat the entire bottom of the
`SNOM/SHOE. Evenly tool the adhesive with the wooden applicator, so
`that a sufficient amount will bridge all gaps on textured surfaces.
`
`5. Press the SNOWSHOE firmly in place, with the pointed end down, above
`the positioning mark. Press until excess adhesive is uniformly squeezed out
`around the edges and through vent holes. Transfer the excess adhesive to
`the bottom of the next SNOWSHOE.
`
`6. Apply a small bead of DURASIL adhesive around the perimeter of the
`SNOWSHOE to seal the edges.
`
`7. Tool off excessive adhesive from the top of the SNOWSHOE
`Carefully tool the edges with the wooden applicator at a 45 degree angle
`to form a smooth, continuous tilet. At least three days of 40 degrees F are
`required for DURASIL adhesive to set. Depending on temperature,
`SNOWSHOE installations develop full strength in seven to fourteen days.
`
`FOB PROFESSIONAL use ONLY
`~
`;=
`I
`* _Chem Link. inc. is not responsible for determining the structural integrity or live load capacity of any root on which Snowshoes are
`Installed. That service shall be conducted by an architect or consultant.