Date: July 15, 2012

USPTO
Attention:
Trademark Examiner Attorney
Stephanie M. Ah / Esq.
Law Office 109
Phone: (571) 272-9272

Dear Examiner Ah,
Please accept my following response to your office action dated
06/30/2012 concerning my pending Service Mark application # 76/710,873
for COVERED WAGON TRAILERS.
(1) When I did a USPTO trademark search I found a typing error. The
applicant respectively points out TWO ERRORS during the posting of my
application details onto the internet.
(a) My service mark is “COVERED WAGON TRAILERS”. The
application details were posted as “COVER WAGON TRAILERS”. Please
review and correct.
(b) The ISSUE/MAILING DATE is NOT present on the examiner’s
OFFICE ACTION. It usually is printed in RED. Please place the Mailing
Date on the Office Action.
(2) SEARCH OF OFFICE RECORDS:
I agree with NO conflicting marks were found.
(3) IDENTIFICATION OF SERVICES AND CLASSIFICATION:
(a) The applicant DISAGREES with the examiner. The identification
of services is clearly identified in the application and on the specimens of the
mark in use. “Manufacture of enclosed cargo trailers”.
(b) Please DO NOT entry the word “CUSTOM” into the “description
of the goods”.
Dictionary.com defines the word “CUSTOM” as:
An adjective:
12.
made specially for individual customers: custom shoes.
13.
dealing in things so made, or doing work to order: a custom tailor.
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Our trailers are NOT made to custom order. I manufacture standard
cargo trailers.
I do not want the word “CUSTOM” entered into the description of the
goods.
(c) The applicant also DISAGREES with the examiner placing my
services into IC class #40. I DO NOT treat any material. The correct class is
#37 as seen below:
THE CORRECT CLASS 37
(Building construction and repair)
Building construction; repair; installation services.
Explanatory Note
Class 37 includes mainly services rendered by contractors or subcontractors in the
construction or making of permanent buildings, as well as services rendered by persons or
organizations engaged in the restoration of objects to their original condition or in their
preservation without altering their physical or chemical properties.
This Class includes, in particular:
?ï€ services relating to the construction of buildings, roads, bridges, dams or transmission
lines and services of undertakings specializing in the field of construction such as those
of painters, plumbers, heating installers or roofers;
?ï€ services auxiliary to construction services like inspections of construction plans;
?ï€ services of shipbuilding;
?ï€ services consisting of hiring of tools or building materials;
?ï€ repair services, i.e., services which undertake to put any object into good condition after
wear, damage, deterioration or partial destruction (restoration of an existing building or
another object that has become imperfect and is to be restored to its original condition);
?ï€ various repair services such as those in the fields of electricity, furniture, instruments,
tools, etc.;
?ï€ services of maintenance for preserving an object in its original condition without changing
any of its properties (for the difference between this Class and Class 40 see the
Explanatory Note of Class 40).

THE INCORRECT CLASS 40
(Treatment of materials)
Treatment of materials.
Explanatory Note
Class 40 includes mainly services not included in other classes, rendered by the
mechanical or chemical processing or transformation of objects or inorganic or organic
substances.
For the purposes of classification, the mark is considered a service mark only in cases
where processing or transformation is effected for the account of another person. A mark is

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considered a trade mark in all cases where the substance or object is marketed by the
person who processed or transformed it.
This Class includes, in particular:
?ï€ services relating to transformation of an object or substance and any process involving a
change in its essential properties (for example, dyeing a garment); consequently, a
maintenance service, although usually in Class 37, is included in Class 40 if it entails
such a change (for example, the chroming of motor vehicle bumpers);
?ï€ services of material treatment which may be present during the production of any
substance or object other than a building; for example, services which involve cutting,
shaping, polishing by abrasion or metal coating.

This Class does not include, in particular:
?ï€ repair services (Cl. 37).

(4) DISCLAIMER:
I agree with the examiners disclaimer:
“No claim is made to the exclusive right to use “COVERED” and
“TRAILERS” apart from the mark as shown.”
(5) SPECIMENS UNACCEPTABLE:
I disagree. The specimens entered CLEARLY show:
(a) The applied for mark is “COVERED WAGON TRAILERS” and is
clearly displayed and identified by the (SM). This is also clearly shown in
writing with the associated logo drawing.
(b) The specimens clearly display the services rendered being:
“Manufacture of enclosed cargo trailers”.
(c) The examiner has ADDED the word “custom” to the description of
the goods. The word “custom” is NOT on the original specimens.
(d) The direct association between the mark and the services is clearly
shown on the original specimens.
(e) NO substitute specimen is entered within my response to your 1st
office action.
The specimen does show the applied-for mark in use in commerce as a
service mark.
My response is respectively entered. The applicant believes he has
responded to all of the examiner’s questions.
Kindest regards,
Greg Childre
1012 Habersham Way
Douglas, GA 31533
Email: [email protected]
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