Document MJy3mpwx92rwwVxzYrrywwONz

mrn-iWmm. Flld Complete MARK dura boa/d Typo of Mark Serial No. i;-J Qtj-r SER. NO. 204423 Examiner 1 ck n / L-t-o O*" PRINCIPAL REGISTER 196U ^^JiMAtESfSVPSUM COMPANY, ItOlfSeWACKERORIYE OTICAGO^ ILti ^ 7 2QU,423 ILL. CORP. Amended. Assignee af v 1 I By change of name from Parts Filed ` Application Verification Specimens. Drawings Goods--Services ... ...#.. SUPERVISORY mUIKER 'ji. -Y ^ jQjUAR-^ .e % )cMJL (*b0(o $ -/.-.'vr < * ** EXAMINES Passed for Publication f Passed for Registration .......................... i AS <.. v^^VyvbT.-V1 ~ .:<?v : > ' -,,;:i V. ?&:, Olalinst Ownership of Re< 409 656 597. , ,,% ,270vA4>thers, Goode--Services FIIUSHjNfl MATER IAL6-TOR WALLQQAnp JQINTG ^L A Sec. 8 F F I Sec. 15 D A V Sec. 12c I T Passed for Renewal Renewed From r. [y j . ^^ J^^q ^4jL . QjL 1 -1 FlrsWJse DECJ 3, 1962 In Commerce > DEC. 3, 1962 PUBLISHED M 0. 6. NOV 9 1965 I. S. Patent Offics P0-101 C12-M7) APR 2 3 086 10---- SI S61-8 U. S. C0VCRNMCNT PRINTING OFFICE 4 * *.,sv:`.s . "-f- ; v' ' . ir. -I- V'.Scjk'i-' 4 > . . UNITED STATES GYPSUM COMPANY 01 SOUTH WACKEI! DRIVE CHICAGO ILLINOIS its 6 60606 ^ ______ Hon. Commissioner of Patents i I Washington 25, D. C. CCT 1 ttM Dear Sir: I Enclosed is an application for registration of the trademark DURABOND, for Finishing Materials for Wallboard Joints. The specimen labels comprise five examples cut from the side panels of the bags for each of two products and, in addition, an example for each product showing l all the printed matter appearing on the bag as now used. A check for I $25.00 to cover the cost of the filing fee is also attached. Respectfully, UNITED STATES GYPSUM COMPANY / JKW/fg X/*A, (^/ John Kenneth Wise Attorney for Applicant J `;j..i ..?.V -.-i. \;: r . . r ?vv % &/ 7 / <7 APPLICATION FOR REGISTRATION OF A TRADEMARK 204423 -#?.-a' 1 : To the Connnissioner of Patents: Mark . DURABOND Class No. /# OCT-2O ''A U v'-i > 1. u .'. L' i4 y" UNITED STATES GYPSUM COMPANY, a corporation of Illinois Post Office Address - 101 So. Wacker Drive, Chicago, Illinois 60606 Principal Place of Business - 101 So. Wacker Drive, Chicago, Illinois 60606 The above identified applicant has adopted and is using the JU-s' trademark shown in the accompar ing drawing for a <3' Finishing Materials for Wallboaril Julntm- ,and requests that said mark be registered in the United States Patent Office on the Principal Register established by the Act of July 5, 19^*6 The trademark was first used on the goods on December 3, 1962, and first used in interstate commerce on December 3, 1962, and is now in use in such commerce. The mark is used by applying it by stenciling or otherwise imprinting it on the packages for the goods or by means of labels or wrappers, or in other manners customary in the trade, and ten specimens showing the mark as actually used are presented herewith. i/#- Applicant is the owner of the following previously registered marks: DUR-A-BEAD Registration No. 613,759 granted October 11, 1955 / DURABOND 1+09,656 " " 17, 19M+ d/% i<u,< DURACAL ,, 336,21+2 " June 30, 1936 DUKE-DRI- 639,563 " January 8, 1957 DURA-STOP 651,060 " September 6, 1957 DURAVAL 597,270 " October 26, I95I+ ( SlA : / State of Illinois County of Cook ss. Graham J. Morgan, being sworn, states that he is the President of applicant corporation and is authorized to execute this affidavit on behalf of said corporation; he believes said corporation to be the owner of the mark sought to be registered; to the best of his knowledge and belief no other person, firm, corporation or association has the right to use said mark in commerce, either in the identical form or in such near resemblance thereto as might be calculate! to deceive; and the facts set forth in this application are true. ffYPSUM COMPANY /^day of Subscribed and sworn to before me this , J, - ,, ' .w <* "<TS _ *otary:M^W,c ~My Ccimmsiiion F..\pirs' Npvombcf 15, 1967 Applicant hereby appoints John Kenneth Wise, c/o United States Gypsum Company, 101 So. Wacker Drive, Chicago, Illinois 60606, member of the bar of the State of Illinois, to prosecute this application to register, to transact all business in the Patent Office in connection therewith, and to receive the certificate of registration. urn GYPSUM COMPANY 1y $1 JOINT COMPOUND I" '! v TOPPING COAT IBS. MET WT-. TOPPING United States Gypsum THE GREATEST NAME IN BUILDING IBLRErVl DDRABDHD TOPPING COAT LESS WASTE-WET MIX MAY BE HELD SEVERAL DAYSGOOD BONDING STRENGTH * NON-IRRI TATING NO ALKALI BURNING OF PAINT EASY WORKING EASY SANDING. DIRECTIONS FOR USE DURABOND Topping Coat Is a vinyl finishing compound designed to be used as a final coat orsklmeoatover DURABjD|jNB ipip< Com pound as part of the one-day Joint finishing system. MIXINQ OP DURABOND TOPPING COAT Mix compound in a dean metal container using approximately 14 or 15 pints of dean lukewarm water per 25 pounds of compound. Add the powdered compound to the'water and stir vigWRtslyimtilall thepowd^' Is unlformly Xm conpoM win nonnany ot vwqjf tot om immediately after mixing. If cold mixing water is used It is dedrable to let the mixed compound ctand for about 15 minutes to obtain a stable viscosity. The compound is then ready for use after remixing. CAUTION: Excessive thinning of compound may result In poor bond and excessive shrink* age. It is recommended that for Ames tools no more than 17 pints of water be. used per 25 lbs. of compound. NOTE: Care should be taken to protect froin freezing until after the applied compound has dried. Consistency of the mix may be adjusted, if necessary, by adding small amounts of water or compound. Do not Intermix DURABOND Topping Coat with any Other material. APPLICATION During cold weather application, provide heat to maintain 55* F. minimum temperature until house is occupied. The finish coat of DURA BOND Topping Coat must be thoroughly dry before decoration is begun. Best results are obtained by applying compound with steel Joint Finishing tools. Since methods and conditions of application and use are beyond our control, the United States Gypsum Company will not be responsible for failure of its products when not used according to directions and specifi cations. United States Gypsum CHICAGO a, ILLINOIS T-780-C, U8Q. 5/M DUBABOHD TOPPING COAT FOR THE OI\IE-DAY JOINT FINISHING OVaTBIUI A PERF-A-TAPE* PRODUCT MANUFACTURED BY United States Gypsum THE GREATEST NAME IN BUILDINO I i I JOINT COMPOUND JOINT COMPOUND FOR ONE-DAY DURABOND ONE DAY JOINT SYSTEM COMPOUND For Professional Dry Wall Applicator Use DIRECTION* FOR USE For concealing and reinforcing Jolnta In SmTaoCK* and othar gypsum wallboards and far concealing tha nail* and/or acrowa uaad In tha ipucnon. Dvaaioas Compound It t apoclalty formulatad matarlal that ehamf. fly hardant In 3 to S hour*. It la daalgnad to ba uaad with Piw-A* krs* Ralnforeamant and Pi-A-Tam Alt Furpoaa Ready Mliai impound aa part of a ona day Joint finishing aystam far gypsum >ard walla and callings. Oubasoivo Ona Day Joint System permits tick decoration; usually can be decorated tha day following applica nt, providing It Is dry. Dusasono Is used to embed Puf-A-Tam Reinforcement, for first fill tat or topping coat and for concealing nail heads; also, to be used ractly over Dub-A-BiaP* Metal Corner Reinforcement or for tho iplication of Pter-A-BtAD* Corner Reinforcement. PErr-A-T-Fi All urpos* Ready Mixed Compound Is, In all cases, to be used for tha > ftnishino coat to comolatalv cover the Quaaiono Compound. MIXINO OF DURABOND COMPOUNO Mia In a elean 5 gallon metal container. 31ft the powder Into dean tap water using quantities shown below. Mix until all tha powder la unk formly smooth. Tha mixture la than ready for Immediate uta. Recommended water quentidat par 23 pound* of DuXAsenp- 1. Hand Tool Application--1J to 14 pint*. 2. Mechanical Taping Oavlcaa--17 to tt pint*. S. Mechanical Finishing Davie**--'IS to It pints. IMPORTANT 1. The quantity of Dusasond to bo mixed ahould never exceed that which can b* uaad within tha 3-hour period which Immediately follows tht mixing. 2. It Is ssssntlsl that mixing tlmae of Dusaoom bo staggorad to that all application! will have hardened to allow application of . tht flnlah coat of the Ready Mixed Compound. 2 During Initial mixing tha consistency of tho mix may b* ad|u*t*d by adding dry Ouxaioko. After Initial mixing do not rotomptr tho mixture with tha dry powder. Do not Informix Dukasoko Cotn- Biundt which wart mlxad at different time*, Do not Intermix muaoNO with any other material*. Avoid contamination of Dupabond with th* Ready Mlxad Compound. 4. Water dilution ahdtl notoxeotd 20 pint* par23 pounds of powder compound. APPLICATION Hand Tool Procedure-Work Ono Room at a Tlmo 1. Spot nail head*. . 2. Embed tap* on all Jolnta, angle* and Pne-A-Buo Corner Ralnforeamant. First coat all Dm-A-Biao Metal Corner Rein . forcement. 3 Immediately apply flmflll or topping coat of Duaetans over all . JIM Joint* (not jntorlor anglts). Tho socond coatapplleatlon is -to As applied over th* ftrat coar'tpoflcapon even though R Is atm wat 4 A or*v etnaf*d roe* net hwdb. *orboat roaolto Ms* rnotarH Applicant Aidress First Use Goods United States Gypsum Company 101 So. Wacker Drive, Chicago, Illinois 60606 December 3, 19^2 In Commerce December 3> 19^2 Finishing Materials for Wallboard Joints DURABOND 802538 REGISTERED JAN 25 1966 PUBLISHED IN 0. G. NOV 9 1965 h c tiAvcur ncnrc '! I ' m iwwiiw win !w wmiaBB m\ uimw i la etui wet 4. Apply attend coat overoalhetde. fot bad raaulta use matotM which had been mbadOften* Mate appOcaOan. *. Repeat Steps Hhrough 4 toreach addfflenal room. A Maps 1 through * should ba scheduled tor tempteBen wflh Dimapomp by the neon-teiy bnak It tho house la to ba corn* pfaM tha aama day. Once the ftjAAtoas baa hardened, ho*, avar, It may ba racoatad wflh OvMaaaa at Ready Mixed Caito pound) at any tlma. 7. Apply flnlah coat or final topptng coal of RbirA-Tato AS Purpose Raady Mlxad Compound over att Joints, natta, comar baada and Intartor anglaa uatni a band comar Antahins tad daalgnad (or tbla purpooa. Dumsom application# moat ba eomplataly hardanad baton tha flnlah coat of Raady Mlxad Compound la appllad. DuttAtona ehould ba eomplataly covered by tha Raady Mlxad Compound flnlahtng coat NtCHAMICAL TOOL RROCtDURI-Waftl (IrtlfO Houao Duuaoim Compound eon ba aabatoatorlp uaad In machanloal toato provided tight control la exercised to dean equipment. However, aa application technlquta ualng mechanical toola vary to meet conditions. Individual |oba muat ba planned and scheduled In accordance with tha hardening tlma of tha compound. 1. Spot nail heade throughout aottn houao. la to ba heavy lor thla application and la to (bCaoamapiraodunfodrmuabataatnn metal band and aacond cotton nafie.) f. Mechanically tape all Jolnta (Include all anglaa) In anttro houaa. both aldaa of anglaa are (Inlahad with comer flMahlng toota. I. Apply Omuaexa to an OuaWL>ta*a and uaa tot applying tooAdua. 4. Immediately apply flrat (HI or topping coat of Duueoxe wtBi mechanical toola over an fiat lointa (not anglaa). Thla coat to appllad aran though tha first tact la etm not i. Apply aacond coat to an nano, fat boat raaulta uaa material amah had baan mlxad Sji houra baton appUeaUon. A Attar all tha Ouanaana hat hardanad, apply tha flnlah aaat or find topping coat of Pm^A-TAft Ready Mlxad Compound atar att lointa, anglaa, cantor bead and nafla. Complataly cover a( DutAaoKS wtth tha Ready Mlxad Compoand. CAR* OP 1QUIPMINT equipment to ba uaad with Dukaimo muat ba thoroughly eloth. OuAAaoNO la a hardening typa material requiring that >11 toola, mixing container!, bread pane, ate., uaad tor Its application ba thoroughly cleaned before thla hardening action occura. Cara of equip,rant Is beyond our control end therefore United Steies Gypsum cennot essume any rssponslblllty for any lost or dtmtgs to equipment. It la racommandtd that a convantlonal garden type hot* ba avaltabla to property (loth and dean tha buaatono trom equipment. Immersion of equipment In meter wilt not present herdentng of tho Compound. PAINTINO For beat raaulta uaa TtxouT^Prlmtf-Saalar followed by one or two coat* of Taxcurrorand PrlirPtlnt. STORAOI Store Ouaxtone Joint Compound In dry treat. Rotate etocke. OCNIRAL Cara thould ba taken to protect all appllad Compound! from fretting until dry. Ourlng cold weather application provide tharmoatatlcally comrolltd hja^|o^mlntaln M* P, minimum tamparatura until houaa or Since mathsda and condition! of application and uaa are btyond our control, tho UNITED STATES GYPSUM COMPANY will not 00 reaponalblo for felluro of ho product! whan not utod according to our direction! and apedflcatlona. vTJL^a.u.0Naaa. T-raa, uaa. urn mmima United States Gypsum The sreatest name in building COMPOUND OOMMIKSKMC<fl o?r PAT.VKTS / K CXAM1N1NO OHRATION AMMTON.cue; am . S. DEPARTMENT OF COMMERt__ PATENT OFFICE Washington Firm Na x M cywnanUmiau ntpecdng tUo application thould boo lb trial nabr, data offiling, ant namt of I*. applicant. John Kenneth Wise c/o United States Gypsum Co. 101 S. Wacker Drive Chicago, 111., 60606 Mailed APR 1 196? ***" 204,l4-23 Applicant! jjnte(j States Gypsum Company \ Applicant is informed that the particular finishing materials must be named in the application. For example: a (name material composition of) powder to be mixed with water for use on wallboard as a filler and joint sealing compound* An amendment may be filed. A search of the Office records fails to show that the mark, when applied to applicant's goods, is confusingly similar to any registered mark. (DTJRABOND) CCBurns:mm-W0 7-2875 EXAMINER, DIV. I A proper response to this Office action must be received within 6 months from the date of this action in order to avoid ABANDONMENT. IN THE UNITED STATES PATENT OFFICE APPLICATION OF: UNITED STATES GYPSUM COMPANY FOR: SERIAL NO.: TRADEMARK DURABOND 204,423*'^ FILED: OCTOBER 20, 1964 RESPONSE APR 221965 To the Commissioner of Patents: This is in response to the Office Action mailed April 1, 1965. Please amend the application as follows: In the list of Applicant's previousj^r^egistered marks, correct DURI-DRI t .-- DURA-DRI ^^ ,'ead: Remarks: The above amendment is made to correct the typographical error appearing in the application. Referring now to the first paragraph of the communication mailed April 1, 1965 wherein the Examiner requested that the materials be named, it is submitted that a more particular description of the goods is not appropriate. As indicated by the specimen labels presented with the application, the mark DURABOND is used on topping coat and joint compound. ^ ________ __. --------------- . ... .. These are powdered materials of complex composition having ten or more ingredients. Certain materials are common to both, but these comprise only about 10& of the total composition of each. DURABOND Joint Compound is a settable material which hardens c chemically combining with water to give a hard dense joint-filling material. DURABOND Topping Coat, is a drying type material which hardens by evaporatic:. of the moisture and produces a fine textured, easy sanding surface finish. The recommended manner of use for each compound and the distinctions between them are more thoroughly pointed out in bulletin No. T-606, "How to Get Best, Results with DURABOND Joint System", duplicate copies of which are enclosed. - 2 - APR 221965 In addition to the foregoing Joint Finishing Materials, the applicant is now marketing a ready mixed paste type compound, and in the future this type product may be offered under the DURABOND mark. In view of the foregoing explanation, it is believed that no amendment to the description of the goods is desirable and that the application is now ready to pass to publication. Respectfully submitted, John Kenneth Wise Attorney for Applicant *$** `.'-I * Ms APR 221966 DURABOND JOINT SYSTEM For One Day Joint Finishing UNITED STATES GYPSUM COMPANY 101 SOUTH WACKER DRIVE CHICAGO, ILLINOIS 60606 The Greatest Name In Building i / a JOINT COMPOUtrt) QUALITIES OF A GOOD . ',,,r,.sj-When choosing joint compound the over-all qualities of the material must be considered. ' It is generally recognized that no one compound can give the maximum of all desired n-,t qualities but rather must have a balance of each quality, yet with no quality completely f S' -` lacking. Too often the applicator is inclined to think only of the mixing and working - characteristics of the compound rather than the end result to be achieved. ' VA good joint compound should have the following qualities: Ample WorkingTime Good Bond . Easy Mixing . Minimum Shrinkage Smooth Working Maximum Resistance to Edge Cracks Easy Sanding Controlled Hardening Cohesion to Avoid Droppings Non-irritating No Alkali Burning of Paint 7, USGVPERF-A-TAPE* JOINT COMPOUND AND USG PERF-A-TAPE FINISHING , ' iOR TOPPING COMPOUNDS USED AS SPECIFIED COMBINE ALL OF THESE ^QUALITIES! '-y?Even though conventional drying-type joint compounds may have all these desirable" / qualities, they are subject to atmospheric conditions for adequate drying between coats. - ..This is a problem when relative hun dity is high and drying is slow. In these instances, ..drywall jobs are plagued by long de' ys because the contractor has no control over drying - ^-' conditions. DURABOND Joint Compound was developed to help overcome this problem, yj .s-tlt hardens chemically, even under damp, slow-drying atmospheric conditions. This joiht compound can be used to completely finish the joints in a house in one day with proper *'^(-scheduling. DURABOND Joint Compound not only has all the desirable properties of a good joint compound, but also will chemically harden in three to four hours after it is mixed. This is the drywall applicator's answer to costly delays. He can now schedule and complete jobs without unnecessary delays due to slow drying time. JOINT TREATMENT RECOMMENDATIONS Occasionally, during construction, problems arise which are beyond the control of the manufacturer. The drywall applicator can save time, trouble and expense by observing proper precautions and when difficulty arises make a complete and frank appraisal of his work. MIXING OF DURABOND JOINT COMPOUND-Mix in a clean 5 gallon metal coutainer. Sift the powder into clean tap water using quantities shown below. 1. Hand Tool Application 2. Mechanical Taping Devices 3. Mechanical Finishing Devices 25 LB 14 to 15 pints 17 to 18 pints 16 to 17 pints Never exceed 18 pints 32 LB W/2 to ny2 pints 22 to 23 pints 19 to 20 pints Never exceed 23 pints MIXING OF DURABOND TOPPING COAT--Use clean container. Mix clean, lukewarm water (not hot) at the following proportions: 1. Hand Tool Application 2. Mechanical Finishing Devices 25 LB 14 to 15 pints 16 pints Never exceed 17 pints 32 LB 18 to 19 pints 20 pints Never exceed 21 pints Stir rather vigorously for several minutes making sure all the compound is uniformly damp. Allow the mix to soak for several minutes in case any batch lumps may be present. Remix the compound, and it is then ready for use. Do not over-thin the compound with water! Over-thinned or soupy compound often leads to excessive shrinkage or bond failure. Do not contaminate the compound with any other materials or with dirty water (such as used for cleaning tools). This is extremely important! The quantity of DURABOND Joint Compound to be mixed should never exceed that which can be used within the three hour period following the mix. The compound will harden chemically even under water--do not attempt to hold in the wet mix! During the initial mix the consistency of the compound may be adjusted by adding dry DURABOND Joint Compound. After initial mixing do not retemper the mixture with T.M. Rag. U.S. Pot. Off. dry powder. Do not intermix DURABOND Joint Compounds which were mixed at different times as the hardening time is governed by the earliest mixed compound. Failure to comply may result in fast erratic hardening times of the compound. Do not transfer DURABOND Joint Compound from a bucket that was mixed earlier to a freshly mixed bucket. If it is desired to complete the joint treatment in a single day, then it is important to stagger the mixing times of. DURABOND Joint Compound so that both the embedding coat arid the first coat over the tape will have hardened to allow application of the PERF-A-TAPE All Purpose Ready Mixed Compound or DURABOND Topping Coat. These are the only compounds recommended for the finish coat over DURABOND Joint Compound. Do not use conventional casein topping compounds for finishing purposes because they are incompatible with DURABOND Joint Compound. DURABOND Joint Compound is not recommended for the finish :oat because it is very difficult to sand after it chemically hardens. Also, there may be suc'ion differences between the feathered edges and areas of heavy fill. HAND TOOL APPLICATION -- WORK ONE ROOM AT A TIME 1. Spot nail heads. 2. Embed tape on all joints, angles and PERF-A-BEAD Corner reinforcement. First coat all DUR-A-BEAD Metal Corner Reinforcement. 3. Immediately apply first fill coat of DURABOND Joint Compound over all flat joints, . not interior angles. The second coat application is to be applied over the first coat application even though it is still wet. 4. Apply second coat over nail heads. For best results use material which has been mixed 2% hours before application. 5. Repeat steps 1 through 4 for each additional room. 6. Steps 1 through 5 should be scheduled for completion with DURABOND Joint Com pound by the noon-hour break if the house is to be completed the same day. Once the DURABOND Joint Compound has hardened, however, it may be recoated with Ready Mixed Compound or DURABOND Topping Coat at any time. 7. Apply finish coat or final topping coat of PERF-A-TAPE All Purpose Ready Mixed Compound or DURABOND Topping Coat over all joints, nails, corner beads and interior angles using a hand corner finishing tool designed for this purpose. . DURABOND Joint Compound applications must be completely hardened before the finish coat of PERF-A-TAPE* All Purpose Ready Mixed Compound or DURABOND Topping Coat is applied. DURABOND Joint Compound should be completely covered by the Ready Mixed Compound or DURABOND Topping Coat. MECHANICAL TOOL APPLICATION -- WORK ENTIRE HOUSE DURABOND Joint Compound can be satisfactorily used in mechanical tools provided tight control is exercised to clean equipment. However, as application techniques using mechanical tools vary to meet conditions, individual jobs must be planned and scheduled in accordance with the hardening time of the compound. 1. Spot nail heads throughout entire house. Compound mixture is to be heavy for this application and is to be saved for use on metal bead and second coat on nails. 2. Mechanically tape all joints (include all angles) in entire house. Both sides of angles are finished with corner finishing tools. 3. Apply DURABOND Joint Compound to all DUR A-BEAD and use for applying PERF-A-BEAD. 4. Immediately apply first fill coat of DURABOND Joint Compound with mechanical tools over all flat joints (not angles). This coat is applied even though the first coat is still wet. 5. Apply second coat to all nails. For best results use material which has been mixed 2% hours before application. 6. After all the DURABOND Joint Compound has hardened, apply the finish coat or final topping coat of PERF-A-TAPE Ready Mixed Compound or DURABOND Topping Coat over all joints, angles, corner bead and nails. Completely cover all DURABOND Joint Compound with PERF-A-TAPE* Ready Mixed Compound or DURABOND Topping Coat. DURABOND Joint Compound is a versatile material and, if desired, can oe used as part of a two day or even a three day system, but it is designed as a one day system, if properly used. This will depend somewhat on the area of SHEETROCK* to be treated, the avail able manpower and the type of equipment used; that is, either hand or mechanical tools. DURABOND Topping Coat does not "harden" chemically; it is a conventional drying type product. Occasionally, slight "bubbling" may be encountered in areas of heavy fill if there is excessive surface moisture which has not evaporated from the DURABOND Joint Compound, even though the DURABOND Joint Compound has hardened. Abnormal Drying Conditions--DURABOND Joint Compound will perform at its best under slow drying conditions. It will nevertheless do as good a job as any conven tional drying type compound even under warm, dry, fast drying conditions. The main difference is that under conditions where conventional compounds can fail, DURABOND Joint Compound will succeed because the chemical hardening principal is not affected by conditions of high humidity. It is still desirable to maintain the minimum of 55F temperature, however. During cold weather, warm water is an aid to mixing. Maintain proper ventilation. Applicators will recognize rapid drying conditions when the compound takes on a shorter working life especially on the feathered edge and where one joint crosses another. Rapid drying is usually due to low humidity and warm winds. During these periods every effort should be made to prolong the working life and drying time of the compound. Stop drafts by closing doors and windows. Raise the humidity by liberally sprinkling subfloors with water and placing open cans of water about the job. Do not thin joint compound with additional water! Care of Equipment--As with other crafts, applicators should keep tools and equip ment clean and in good shape to secure maximum benefits. DURABOND Joint Compound is a hardening type material requiring that all tools, mix ing containers, bread pans, etc., used for its application be thoroughly cleaned before this hardening action occurs. Care of equipment is beyond our control and, therefore, United States Gypsum cannot assume any responsibility for any loss or damage to equipment. Particularly when mechanical tools are used it is recommended that a conventional garden hose with nozzle be available to properly flush and clean DURABOND Joint Compound from equipment before the hardening action takes place. Immersion of equip-, ment in water will not prevent Hardening oj the compound. *Ames Tools: Automatic Taper; (Bazooka) Remove head plate and thoroughly clean upper plunger area. Use narrow stiff bristle brush to clean head mechanism. Flush tube. Hand Pump: Pump water through pump until clean. Remove bottom screen from pump and flush this area of the pump and the screen. Finishing Boxes: Release plunger plate to simplify cleaning box. Other: Flush with water until clean. (Corner Roller- Corner Finisher) Painting-- Good joint work merits equally good decoration and the wise applicator will recommend paints that enhance the appearance of his finished job. For smooth walls USG specifically developed USG SHEETROCK* SEALER and TEXOLITE* PRIMER- SEALER to lay the nap of face paper raised by sanding. Either will give a satisfactory base coat for TEXOLITE* ALKYD LATEX and other quality interior finishes. USG also manufactures a full line of texturing materials to comply with the preference of every customer and to insure walls and ceiling of outstanding beauty and long durability. General Provisions --DURABOND Joint Compound, like other powder joint com pounds, is affected by aging. Dealers and applicators should rotate stocks of DURABOND Joint Compound and DURABOND Topping Coat and store them in dry places. Since methods and conditions of application and use are beyond our control, the United States Gypsum Company will not be responsible for failure of its products when not used according to directions and specifications. T.M. Rea. U.S. Pot. Off. T-606 Rev. 5/6* Printed in U.S.A. A- < il'-. V -; ` _ " *. .. J.- :rv 5. . - ?:. \ f\ --- Pim Na 3 DEPARTMENT OF COMMERCE PATENT OFFICE Washington M owiwiitnirfaiii mptcdng AliopIMn tkatddpvt the tariat mamba-, Sam of filing, and mm qfCM applicant. .f- - fifes '>'*. i: WiSG _jates Gypsum Co. -^' er Drive Cfiictgo'i 'Til., 60606 -- MAY 211965 Ser.No.t 20lt2|23 Applicant Unitod StiltOI Gypsum Company .' This is in response to the amendment filed $1962. m&4 ' 'ormal amendment to the goods, suoh as appears tuarks of above date, must be filed. Otherwise, `it ma!y" be considered that the goods are proper for another class of goods. Suitable amendment will condition the mark for pre-publication search. (DTJftSBOND) CCBurns:jh WO 7-2875 A proper response to this Office action must be received within 6 months from the date of this action in order to avoid ABANDONMENT. NITED STATES GYPSUM COMPANY UgS 6 Commissioner of Patents Trademark Examining Operation Washington, D.C. 20231 Aue* Dear Sir: Enclosed is a response in the application Serial No. 204,423 to register the mark IXJRABOND in Class 12. JKW:LK Respectfully i / a <> John Kenneth Wise Attorney for Applicant AAJL vyr . '1 AFPUGATIQN OF: ^.FOR: 6- ;v>) :'^' kLtNOi:1; IN THE UNITED STATES PATENT OFFICE UNITED STATES GYPSUM COMPANY TRADEMARK DURABOND 204,423 OCTOBER 20, 1964 / AUB A mt RESPONSE To theCommissioner of Patents: -'ktyg-Tkia is in response to the Office Action mailed May 21, 1965. 1ame^;the ^application,as follows: . change the identification of : . . ,--Isfto read k-- f * v "y-f-K- Si ' *5.1.*v, v S'1 b. v. " *A**Hfr*,*- -:* *r` - o'* Joint compound for concealing and reinforcing joints in wallboard. Respectfully submitted, W John Kenneth Wise, Attorney for Applicant Remarks: Applicant's attorney acknowledges with appreciation the courtesies extended by Examiner Burns at the interview on June 29. At that interview the Examiner indicated that the mark was ready for publication as soon as amended description of the goods was supplied. Several suggestions were considered, and the amended description herewith submitted is the one suggested by the Examiner. It is believed that this amendment places the case in condition for publication and passage to publication is respectfully requested. Respectfully submitted, Attorney for Applicant ` 'Jj'i':/ Jh U. S. DEPARTMENT OF COMMERCE PATENT OFFICE WASHINGTON Paper No. All communication! rtspecting Jbii application tbould tint the Itrial number, date of filing, and nam of the applicant. 1 ilA'.-.A. -S' t,,e$li;Wise ;eqf;;Sfcates Gypsum Co. Wacker Drive 0606 _J NOTICE OF PUBLICATION UNDER SECTION 12 (a) 1 : f- PUBLICATION DATE NOV 9 1965 mm-UnllEeft^States Gypsum Company IgpjRABbND - OCT 18 1965 rtf The mark of the application above identified appears to be entitled to registration. The mark will in accordance with Section 12 (a) of the Trademark Act of 1946, be published in the Official Ga2ette on the date indicated above for the purpose of opposition by any person who believes he will be damaged by the registration of the mark. If no opposition is filed within the time specified by Section 13 of the Statute or by Rules 2.101 and 2.102 of the Trademark Rules, the Commissioner of Patents may issue a Certificate of Registration. Copies of the Trademark portion of the Official Gazette containing the publication of the mark may be obtained at 20 cents each from the Superintendent of Documents, Government Printing Office. By direction of the Commissioner. fX 1 .v- .'7 ' .. . ' ; -s '. . v- rs; United States Patent Office 802,538 Registered Jan. 25, 1966 PRINCIPAL REGISTER Trademark Scr. No. 204,423, filed Oct. 20, 1964 DURABOND United States Gypsum Company (Illinois corporation) 101 S. Wacker Drive Chicago, 111. For: JOINT COMPOUND FOR CONCEALING AND REINFORCING JOINTS IN WALLBOARD, in CLASS 12. First use Dec. 3, 1962; in commerce Dec. 3, 1962. Owner of Reg. Nos. 409,656, 597,270, and others. Paper No. fI U.S. Dk.. ARTMENT OF COMMERCE Patent Office Address Only: COMMISSIONER OF PATENTS Washington, D.C. 20231 "United States Gypsum Company? " Wacker Drive _ .... Chicago , 'ill . ' " ' "" Att.: Legal Counsel In Reply Please Refer To Registration Number and Date Mailed Nov. 26, 1971 Reg. No. 8Q2530 Dated Jan 25, 1966 Sec. 12(c) Pub. Mark Durabond NOTICE OF REQUIREMENT OF SECTION 8 Notice is hereby given that the above-identified registration will be canceled by the Com missioner at the end of the sixth year following the date of registration or publication under section 12 (c), as the case may be, unless the owner files in the Patent Office the affidavit or declaration of use or excusable nonuse required by section 8 of the Trademark Act of 1946. For registrations issued after October 25, 1965 a fee of $10 for each class must accompany affidavit or declaration. The affidavit or declaration must state that the registered mark is still in use, specifying the nature of such use, and there must be submitted a specimen, facsimile or other evi dence showing the mark as currently used, or if the mark is not actually being used, re cite sufficient facts to show that nonuse of the mark is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. If the affidavit or declaration has been filed, please disregard this notice. `Affidavits Section (Office copy to be signed if affidavit or declaration is not filed within sixth year) CANCELLED Date: By direction of the Commissioner Trademark Examining Operation FORM POL-192 (REV. 2-701 USCOMM-OC 60897-P70 \ ' y'tfGYYiNITED STATES GYPSUM COMPANY V a. / I! a i e/^nru vAiAr>K'ci> n p I \/ F CHICAGO ILLINOIS 60606 November 26, 1971 Commissioner of Patents Washington, D.C. 20231 Re: Trademark Reg. No. 802,538 Dear Sir: Please charge the fee for the attached affidavit of use relating to the subject trademark registration to the deposit account of United States Gypsum Company, Account No. 21-0425- Very truly yours CNK/cjm Attachments Chester N. Kolmodin Trademark Attorney - MftV 2 5 13? ( '> L if Mh. IN THE-UNITED STATES PATENT OFFICE . ____ _____,____ Flt^iinder Sections 8 and 15 - Trade Mark Act of 1946 -r.-t .*i. Mark DURABOND Reg. No. 802,538 Class No. 12 8llPf.fr':-"' ) ss. ' Gordon'H. Huntley, being sworn, states that he is the Vice,President of the United States Gypsum Company, a corporation ?bf-^Deliferei,' having its place of business at 101 South Wacker ft Drive^'phicago 60606, Illinois, owner of 1946 Act Registration A ; ; No. 802,538, issued January 25, 1966; that the mark therein has been in continuous use in interstate commerce for five consecutive years from January 25, 1986 to the present on the following goods recited in the registration, to wit: Joint compound for concealing and reinforcing joints in wallboard; that said mark is still in use in interstate commerce as evidenced by the attached specimen showing the mark as currently used; that there has been no final decision adverse to registrant's claim of ownership of said mark to its right to register the same or maintain it on the register, and that there is no proceeding involving any of said rights pending and not disposed of either in the Patent Office or in the courts. DEC 101971 to Fei Coda________ //Patent Office (Authorized Signature) 3festi. K!W*?W ?1 "*- mU *\v --U-> -`1'V*\ j:is|pif ?"" L, ~;r-: NOV 2 ^ 1371 &E IS [' and sworn to before me this g?/ day of 1!B , 1971. a*. jZu^tc. Notary Public 28,1974 ^gistrant hereby appoints Chester Nels Kolmodin, 101 South ..Chicago 60606, Illinois, a member of the bar of jpf;. Illinois, to file this affidavit and to transact jflln- the Patent :0ffice'''in'" connection therewith. UNITED TES GYPSUM COMPANY vjv&v.v, By mX- Nov 'i ; Jam. REGmRtAATTIIOON NO.. ,"~V ISSUED 12-C PUB RECEIPT IS HEREBY ACKNOWLEDGED OF THE AFFIDAVIT FILED by' United States Gypsum Company 25, 1966 ion Dec. 11 1971__________________________________________ ' pn SEC. S - AFFIDAVIT ACCEPTED "X SEC. 1 5 - AFFIDAVIT FILED BY DIRECTION OF THE COMMISSIONER JAA DIRECTOR. TRADEMARK EXAMINING OPERATION | Chester Nels Kolmooin 101 S. Wacker Dr. AFFIDAVIT Chicaqo, III. 60606 ACKNOWLEDGMENT |___ U. S. DEPARTMENT OF COMMERCE - PATENT OFFICE J USG Corporate 1^1 South Wacker Drive Chicago, Illinois 60606-4385 Telephone 312/321-4000 TRADEMARKS January 3, 1986 Commissioner of Patents & Trademarks Washington, D.C. 20231 Re; TRADEMARK RENEWAL Mark: DURABOND REG. NO: 802,538 ISSUED: January 25, 1966 CLASS: Int"1. 19 (U.S. 12) APPLICANT: UNITED STATES GYPSUM COMPANY Dear Sir Enclosed are the following: 1. An application for trademark renewal for the above-identified mark. 2. A specimen of the mark; and 3. A check for $300.00 to cover the fee. A change in the state of incorporation of United States Gypsum Company from Illinois to Delaware was recorded for this mark in the Patent & Trademark Office on November 23, 1966, Reel 144-Frame 639. Respectfully submitted Patent & Trademark Attorney 3b0`t' MARK the mark) !ATION FOR RENEWAL OF .HON OF A MARK, WITH OATH. IONER OF PATENTS AND TRADEMARKS: DURABOND REGISTRATION NO. 802.538 CLASS NOiS) I INT'L. 19 (U.S. 12) (check on* box and flit In appropriate Information*) NAME OF INDIVIDUAL AS RENEWAL APPLICANT. AND BUSINESS TRADE NAME. IF ANY BUSINESS ADORESS RESIDENCE ADDRESS CITIZENSHIP NAME OF PARTNERSHIP AS RENEWAL APPLICANT NAMES OF PARTNERS BUSINESS ADORESS OF PARTNERSHIP CITIZENSHIP OF PARTNERS [~^j NAME OF CORPORATION2 AS RENEWAL APPLICANT UNITED STATES GYPSUM COMPANY STATE OR COUNTRY OF INCORPORATION DELAWARE BUSINESS ADDRESS OF CORPORATION 101 South Wacker Drive, Chicago, IL 60606 The above identified applicant for renewal requests that the above identified registration, granted to UNITED STATES (name of YPSUM COMPANY on JAN. 25f 1966 , which applicant for renewal now owns, as shown by records in the original registrant) (date of issuance) Patent and Trademark Office, be renewed in accordance with the provisions of Section 9 of the Act of July 5, 1946. The mark shown in said registration is still in use in_______I_N__T__E__R__S__T__A__T__E________ commerceJ on or m connection (type of commerce) _ with each of the following: _ JOINT COMPOUND FOR CONCEALING AND REINFORCING JOINTS IN WALLBOARD (list the goods and/or services or insert the words "all the-goods" and/or "all the services" as may be appropriate) which are recited in the registration, the attached specimen^showing the mark as currently used.^ A Check for $300.00 to cover the fee is attached. State of . ILLINOIS County of COOK STANTON T. HADLEY. VTCF .PRFUSTDF.' (name of penon whose signature U to be placed below") SECRETARY states that to the best of his/her knowledge and belief the facts set forth in this application are true. UNITED STATES GYPSUM MPANY JURAT: Subscribed and swom to before me, this <W/J4/8.r<*B0?53B day of 5 30? % PTO Form 4.13 UNITED STATES GYPSUM COMPANY 101 South Wacker Drive Chicago, IL 60606 312/321-5806 Patent and Trademark Office - U.S. DEPARTMENT of COMMERCE (over) POWER OF ATTORNEY AT LAW e application as a paragraph thereof, use the following language: Applicant hereby appoints: V Tv. : .. s; . [namt(i) of Attorney(t) at Law1] POWER OF ATTORNEY AT LAW trademarks [oddrtnj . to presecuteihis application to register, to transact all business in the Patent and Trademark Office in connection ............. * to receiye;the certificate of registration. . . '; ; ili# ;i|gt w. ;>x *rf^- 4f'.V i f.Vr-y'iV^ - ****************************** f fyiy-Q&d-.-'When the Power is placed on a separate sheet, this sheet may be used by filling in the following: POWER OF ATTORNEY AT LAW OENTIFY THE MARK kNO.. IF ANY DURABOND 802,538 NAME OF APPLICANT DATE OF SIGNATURE UNITED STATES GYPSUM COMPANY f/3/fC Applicant hereby appoints: KENNETH E. ROBERTS and ROBERT H. ROBINSON [ nam*($) of Attomty(i) at Law ] USG Corporation 101 South Wacker Drive, [addrtttj Chicago, IL 60606 to prosecute this application to to transact all business in the Patent and Trademark Office in connection therewith, and to receive the certificate ofrenewal. UNITED STATES GYPSUM/OOMPANY (tignature of applicant ) Stanton T. Hadley, Vrice President, Secretary FOOTNOTES i Individual attomey(s) at law must be named. If the name of a law firm rather than individual attomey(s) is given, the firm name will be regarded merely as the designation of an address for sending correspondence to applicant. 3 When the power of attorney is on a separate sheet, it must be signed; however, a power of attorney which is a paragraph in the application is supported by the signature to the application and need not be signed separately. PTO Form 4.3 (Trademarks) Palent and Trademark Office U.S. DEPT, of COMMERCE INITED lelSTRATION NO. 0802538 LRK: DURABOND UNITED STATES iPARTMENT OF COMMERCE Patent and Trademark Office Address: COMMISSIONER OF PATENTS AND TRADEMARKS Washington. D.C. 20231 SERIAL NO. 72/204423 PAPER NO. MAILING DATE: 03/24/86 REGISTRANT: UNITED STATES GYPSUM COMPANY CORRESPONDENCE ADDRESS: KENNETH E. ROBERTS USG CORPORATION 101 SOUTH WACKER DRIVE CHICAGO, IL 60606 Please furnish the following in all correspondence: 1. Your phone number and zip code. 2. Mailing date of this action. 3. Affidavit-Renewal Examiner's name. 4. The address of all correspondence not containing fees should include the words "Box 5". 5. Registration No. RECEIPT IS ACKNOWLEDGED OF THE SUBMITTED REQUEST UNDER: SECTION 9 OF THE TRADEMARK ACT AND 37 CFR SECS. 2.181-2.184. YOUR REQUEST FULFILLS THE STATUTORY REQUIREMENTS AND RENEWAL HAS BEEN GRANTED. FRANCES PFOHL AFFIDAVIT-RENEWAL EXAMINER TRADEMARK EXAMINING OPERATION (703) 557-1983 [ ASSIGNMENTS N< previous assignments of record as of_____ See Title Record for ownership information prior to this record U.S. DEPARTMENT OF COMMERCE PATENT OFFICE f n EG. NO. SER. NO. Serial No. Filing Date Date Oat. fi.lQ&L 1M ISS Jm*ft Reel Frame Registration Date | ieg. No. (Trade-Mark) Date Recorded NOVt 23*1966 Registrant United'States Qypsun Cenpany A^ignor Assignee "United States Qypsun Coopany*# a 111. eerp. Into *11 S fi Coi*portian*, a Del. Corp. United States Qypsuai Coapany* \ Brief showing serger of Assignor# on June 87*19oo* *** ohangs of nans of tbs surviving corporation on June 30.1966 PSkm y-~C. *%**& SSt MH PP* ^ ,6. 7. -oo- V,,.Ay.J.lJ 8. ' ,9/'?:>U:>---.X .lO.Tl-W -- ' W;":- ':'-i-' > >-' - .? \ fowflfU-V^k.'-* > '. - . , S14.v:;-__ M&PPP : <15 ___ : iJl6 -------------- 17l^: *V/.V .. ^'. ' 27. l: 28. P '< 'L* 29. -<-r. 20. ; 31. ?.\\ ` : yv'r 16-61581-5 f \