PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`Response to Office Action
`
`The table below presents the data as entered.
`
`Entered
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`77817636
`
`LAW OFFICE 107
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`Input Field
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`SERIAL NUMBER
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`LAW OFFICE ASSIGNED
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`MARK SECTION (no change)
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`ARGUMENT(S)
`
`(cid:160)(cid:160)(cid:160)(cid:160) This is in response to the Trademark Examining Attorney's Office Action dated February 22, 2010.
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`In response thereto, Applicant has amended the services of Class 37.(cid:160) In addition, Applicant has authorized the payment of $100 for the
`Amendment to Allege Use for Class 37.
`
`(cid:160)(cid:160)(cid:160)(cid:160) Applicant respectfully requests that the application be passed to publication.
`GOODS AND/OR SERVICES SECTION (035)(no change)
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`GOODS AND/OR SERVICES SECTION (037)(current)
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`INTERNATIONAL CLASS
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`DESCRIPTION
`
`037
`
`Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of building interior and exterior
`surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks, roofs, and windows; providing
`repair, improvement and maintenance services in the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems
`(HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance, asphalt paving, road
`paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE ANYWHERE DATE
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`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160) FIRST USE IN COMMERCE DATE
`
`Section 1(a)
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`At least as early as 09/29/2009
`
`At least as early as 09/29/2009
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`GOODS AND/OR SERVICES SECTION (037)(proposed)
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`INTERNATIONAL CLASS
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`TRACKED TEXT DESCRIPTION
`
`037
`
`Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of building interior and exterior
`surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks, roofs, and windows; Call center
`services in the nature of responding to calls for assistance concerning the repair and maintenance, for commercial, industrial, government and
`non-profit facilities, of building interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm
`systems, building locks, roofs, and windows; providing repair, improvement and maintenance services in the areas of carpentry, janitorial
`services, heating, ventilation and air conditioning systems (HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting,
`construction, building maintenance, asphalt paving, road paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and
`scissor lift; providing repair, improvement and maintenance services, for commercial, industrial, government and non-profit facilities, in the
`areas of carpentry, janitorial services, heating, ventilation and air conditioning systems (HVAC), plumbing, electrical systems, fire and life
`safety alarm systems, painting, construction, building maintenance, asphalt paving, road paving, masonry, lock repair, roofing, plate glass
`repair, and repairs of dock lift and scissor lift
`
`FINAL(cid:160)DESCRIPTION
`
`Call center services in the nature of responding to calls for assistance concerning the repair and maintenance, for commercial, industrial,
`government and non-profit facilities, of building interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems, fire and
`safety alarm systems, building locks, roofs, and windows; providing repair, improvement and maintenance services, for commercial, industrial,
`
`

`
`government and non-profit facilities, in the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems (HVAC),
`plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance, asphalt paving, road paving,
`masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`
`FILING BASIS
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE ANYWHERE DATE
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)FIRST USE IN COMMERCE DATE
`
`ADDITIONAL STATEMENTS SECTION
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`MISCELLANEOUS STATEMENT
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`SIGNATURE SECTION
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`RESPONSE SIGNATURE
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`SIGNATORY'S NAME
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`SIGNATORY'S POSITION
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`DATE SIGNED
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`AUTHORIZED SIGNATORY
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`FILING INFORMATION SECTION
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`SUBMIT DATE
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`TEAS STAMP
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`Section 1(a)
`
`At least as early as 09/29/2009
`
`At least as early as 09/29/2009
`
`Applicant authorizes the Commissioner to deduct $100 from Deposit Account No.
`19-4709 to cover the cost of the Amendment to Allege Use for the Class 37 which
`was added to this application.
`
`/laura goldbard george/
`
`Laura Goldbard George
`
`Attorney of record, New York bar member
`
`04/01/2010
`
`YES
`
`Thu Apr 01 17:15:37 EDT 2010
`
`USPTO/ROA-XX.XXX.XXX.XXX-
`20100401171537238962-7781
`7636-460c3d32f5a7f6343cf1
`479bf706cbac336-N/A-N/A-2
`0100401171430261575
`
`PTO Form 1957 (Rev 9/2005)
`
`OMB No. 0651-0050 (Exp. 04/30/2011)
`
`Response to Office Action
`
`To the Commissioner for Trademarks:
`
`Application serial no. 77817636 has been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`(cid:160)(cid:160)(cid:160)(cid:160) This is in response to the Trademark Examining Attorney's Office Action dated February 22, 2010.
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)
`
`In response thereto, Applicant has amended the services of Class 37.(cid:160) In addition, Applicant has authorized the payment of $100 for the
`Amendment to Allege Use for Class 37.
`
`(cid:160)(cid:160)(cid:160)(cid:160) Applicant respectfully requests that the application be passed to publication.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 037 for Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of building
`interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks, roofs, and
`windows; providing repair, improvement and maintenance services in the areas of carpentry, janitorial services, heating, ventilation and air
`
`

`
`conditioning systems (HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance,
`asphalt paving, road paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`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 09/29/2009 and first used in commerce at least as early as 09/29/2009, and is now in use in such commerce.
`
`Proposed:
`Tracked Text Description: Call center services in the nature of responding to calls for assistance concerning the repair and maintenance of
`building interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems, fire and safety alarm systems, building locks,
`roofs, and windows; Call center services in the nature of responding to calls for assistance concerning the repair and maintenance, for
`commercial, industrial, government and non-profit facilities, of building interior and exterior surfaces, HVAC systems, plumbing systems,
`electrical systems, fire and safety alarm systems, building locks, roofs, and windows; providing repair, improvement and maintenance services in
`the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems (HVAC), plumbing, electrical systems, fire and life
`safety alarm systems, painting, construction, building maintenance, asphalt paving, road paving, masonry, lock repair, roofing, plate glass repair,
`and repairs of dock lift and scissor lift; providing repair, improvement and maintenance services, for commercial, industrial, government and
`non-profit facilities, in the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems (HVAC), plumbing, electrical
`systems, fire and life safety alarm systems, painting, construction, building maintenance, asphalt paving, road paving, masonry, lock repair,
`roofing, plate glass repair, and repairs of dock lift and scissor lift
`
`Class 037 for Call center services in the nature of responding to calls for assistance concerning the repair and maintenance, for commercial,
`industrial, government and non-profit facilities, of building interior and exterior surfaces, HVAC systems, plumbing systems, electrical systems,
`fire and safety alarm systems, building locks, roofs, and windows; providing repair, improvement and maintenance services, for commercial,
`industrial, government and non-profit facilities, in the areas of carpentry, janitorial services, heating, ventilation and air conditioning systems
`(HVAC), plumbing, electrical systems, fire and life safety alarm systems, painting, construction, building maintenance, asphalt paving, road
`paving, masonry, lock repair, roofing, plate glass repair, and repairs of dock lift and scissor lift
`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 09/29/2009 and first used in commerce at least as early as 09/29/2009, and is now in use in such commerce.
`ADDITIONAL STATEMENTS
`Applicant authorizes the Commissioner to deduct $100 from Deposit Account No. 19-4709 to cover the cost of the Amendment to Allege Use for
`the Class 37 which was added to this application.
`
`SIGNATURE(S)
`Response Signature
`Signature: /laura goldbard george/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 04/01/2010
`Signatory's Name: Laura Goldbard George
`Signatory's Position: Attorney of record, New York 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 attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 77817636
`Internet Transmission Date: Thu Apr 01 17:15:37 EDT 2010
`TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201004011715372
`38962-77817636-460c3d32f5a7f6343cf1479bf
`706cbac336-N/A-N/A-20100401171430261575
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)