37 SERVICE-PROVIDING A COMPREHENSIVE PROTECTION POLICY TO INDIVIDUAL HOMEOWNERS TO PROTECT THE CONSTRUCTION (SPECIFICALLY ALL WOOD MEMEBERS) AGAINST DAMAGE FROM "SUBTERRANEAN TERMITES, DRYWOOD TERMITES, FORMOSAN TERMITES, POWDER POST BEETLES, CARPENTER ANTS AND CARPENTER BEES". THIS POLICY CARRIES A DAMAGE REPAIR AND RESTORATION WARRANTY AS WELL AS A "PRESERVING ACTION". UNDER INTERNATIONAL CLASS #37 "BUILDING CONSTRUCTION, REPAIR; INSTALLATION SERVICES: THE FOLLOWING APPLY; PARAGRAPH 1 - "PERSONS OR ORGANIZATIONS ENGAGED IN THE RESTORATION OF OBJECTS TO THEIR ORIGINAL CONDITION OR IN THEIR PRESERVATION WITHOUT ALTERING THEIR PHYSICAL OR CHEMICAL PROPERTIES". PARAGRAPH 6 - "SERVICES WHICH UNDERTAKE TO PUT ANY OBJECT INTO GOOD CONDITION AFTER WEAR, DAMAGE, DETERIORATION OR PARTIAL DESTRUCTION". PARAGRAPH 8 - "SERVICES AND MAINTENANCE FOR PRESERVING AN OBJECT IN IT'S ORIGINAL CONDITION". IN LIGHT OF CLASS 37 WE SUBMIT THIS APPLICATION AND DO CLAIM THAT THE MARK APPLIED FOR IS NOT "MERELY DESCRIPTIVE" (SECTION 2, ITEM 6 OF THE TRADEMARK ACT)BUT IS AN ACTUAL NAME- ASSOCIATED WITH A VALID RESTORATION AND PRESERVATION SERVICE. WE FURTHER STATE THAT IT IS NOT "DECEPTIVELY MISDESCRIPTIVE" (SECTION 2, ITEM 6,) IN THAT THE MARK IS CONSISTANT WITH WHAT THE ACTUAL SERVICE OFFERS. THIS IS A UNIQUE SERVICE THAT HAS NOT BEEN OFFERED IN THE EXACT FRAMEWORK THAT OUR ORGANIZATION HAS DEVELOPED. WE FIND NO OTHER CAUSE IN SECTION 2 OF THE TRADEMARK ACT THAT WOULD DISALLOW THIS APPLICATION TO GO FORWARD. SINCE SECTION 2 DOES NOT COVER EVERY CAUSE, WE WOULD REQUEST THE COMMISSIONERS OFFICE TO ALERT US TO ANY CAUSE THAT MAY HINDER THIS REQUEST.
Trademark: 78041848
