Response to Office Action

THE POWER OF INCLUSIVE LEADERSHIP

THE EXECUTIVE LEADERSHIP COUNCIL, INC.

Response to Office Action

PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 76628904
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION (no change)
OWNER SECTION (current)
NAME Executive Leadership Council
STREET 1010 Wisconsin Avenue, N.W.
CITY Washington
STATE District of Columbia
ZIP/POSTAL CODE 20007
COUNTRY US
OWNER SECTION (proposed)
NAME Executive Leadership Council
INTERNAL ADDRESS Suite 300
STREET 1001 N. Fairfax Street
CITY Alexandria
STATE Virginia
ZIP/POSTAL CODE 22314
COUNTRY US
LEGAL ENTITY SECTION (current)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION DC
LEGAL ENTITY SECTION (proposed)
TYPE CORPORATION
STATE/COUNTRY OF INCORPORATION District of Columbia
ARGUMENT(S)

            The Examining Attorney has refused registration based on Registration No. 2558643.  Reconsideration and withdrawal of this refusal is requested for the following reasons.

            Applicant has amended the identification to delete those potentially conflicting services in Class 41.  Applicant submits that as a result of its amendment to the identification, the services in the cited registration and the services in Applicant’s mark are different on their face.  As such, Applicant believes that there should be no likelihood of confusion with the cited mark.

In addition, the Examining Attorney had requested substitute specimens for classes 35 and 36.  The Applicant thanks the Examining Attorney for his telephone call on February 15, 2007 in which he withdrew the requirement for additional specimens and accepted the specimens currently of record as evidence of use of the mark in those classes.

Applicant respectfully requests that the application be approved and published in the Official Gazette. 

GOODS AND/OR SERVICES SECTION (016)(no change)
GOODS AND/OR SERVICES SECTION (035)(no change)
GOODS AND/OR SERVICES SECTION (036)(no change)
GOODS AND/OR SERVICES SECTION (041)(class deleted)
INTERNATIONAL CLASS 041
DESCRIPTION
Educational services namely one-on-one mentoring in the field of professional development in corporations for diverse college students, mid-level and senior corporate executives; arranging and conducting essay and business case analysis competitions, mentoring programs for African American undergraduate, graduate students and executives; Providing public recognition and awards for corporations and individuals who demonstrate leadership in advancing diversity in corporate America; providing educational information online in the field of diversity in the workplace for businesses, communities, higher education and other organizations; Charitable services, namely, facilitating the distribution of scholarships; Charitable services, namely, facilitating the distribution of computer equipment to schools
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 00/00/2004
        FIRST USE IN COMMERCE DATE At least as early as 00/00/2004
GOODS AND/OR SERVICES SECTION (042)(no change)
GOODS AND/OR SERVICES SECTION (045)(no change)
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Jacqueline Levasseur Patt/
SIGNATORY'S NAME Jacqueline Levasseur Patt
SIGNATORY'S POSITION Attorney for Applicant
DATE SIGNED 03/27/2007
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 27 13:15:22 EDT 2007
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XX-2
0070327131522693183-76628
904-3702c7c2bcdcb5cc81724
11cacdda63a24c-N/A-N/A-20
070327130533966505



PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action


To the Commissioner for Trademarks:


Application serial no. 76628904 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

            The Examining Attorney has refused registration based on Registration No. 2558643.  Reconsideration and withdrawal of this refusal is requested for the following reasons.

            Applicant has amended the identification to delete those potentially conflicting services in Class 41.  Applicant submits that as a result of its amendment to the identification, the services in the cited registration and the services in Applicant’s mark are different on their face.  As such, Applicant believes that there should be no likelihood of confusion with the cited mark.

In addition, the Examining Attorney had requested substitute specimens for classes 35 and 36.  The Applicant thanks the Examining Attorney for his telephone call on February 15, 2007 in which he withdrew the requirement for additional specimens and accepted the specimens currently of record as evidence of use of the mark in those classes.

Applicant respectfully requests that the application be approved and published in the Official Gazette. 



Classification and Listing of Goods/Services
Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Educational services namely one-on-one mentoring in the field of professional development in corporations for diverse college students, mid-level and senior corporate executives; arranging and conducting essay and business case analysis competitions, mentoring programs for African American undergraduate, graduate students and executives; Providing public recognition and awards for corporations and individuals who demonstrate leadership in advancing diversity in corporate America; providing educational information online in the field of diversity in the workplace for businesses, communities, higher education and other organizations; Charitable services, namely, facilitating the distribution of scholarships; Charitable services, namely, facilitating the distribution of computer equipment to schools


Procedural Matters/Informalities
Applicant proposes to amend the following:
Original: Executive Leadership Council, a corporation of DC, having an address of 1010 Wisconsin Avenue, N.W. Washington, District of Columbia US 20007.
Proposed: Executive Leadership Council, a corporation of District of Columbia, having an address of Suite 300 1001 N. Fairfax Street Alexandria, Virginia US 22314.


Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Jacqueline Levasseur Patt/     Date: 03/27/2007
Signatory's Name: Jacqueline Levasseur Patt
Signatory's Position: Attorney for Applicant

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: 76628904
Internet Transmission Date: Tue Mar 27 13:15:22 EDT 2007
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2007032713152269
3183-76628904-3702c7c2bcdcb5cc8172411cac
dda63a24c-N/A-N/A-20070327130533966505



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