Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 04/30/2011)

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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. 77721423 has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: PATHWAY (Stylized and/or with Design)
The color(s) Red Black is/are claimed as a feature of the mark.
The mark consists of Red Cross Black letters Red field.

Proposed: PATHWAY (Stylized and/or with Design, see mark)



The color(s) red, black, white is/are claimed as a feature of the mark.

The mark consists of The letters P,A,H,W,A,Y in the Eyechart font. The letter T is represented between the A and H by a rugged, weathered, red cross. At the base of the T is a white path flowing down from the cross dividing the red box below the word PATHWAY symbolic of the purity of the blood of Christ.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Teaching material for churches and missionaries
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 10/26/2006 and first used in commerce at least as early as 10/26/2006, and is now in use in such commerce.

Proposed:
Tracked Text Description: Teaching material for churches and missionaries; Teaching materials namely written and video instructional and educational courses designed to bring individuals closer to God by bridging the gap between mind, body, and spirit.Class 016 for Teaching materials namely written and video instructional and educational courses designed to bring individuals closer to God by bridging the gap between mind, body, and spirit.
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 10/26/2006 and first used in commerce at least as early as 10/26/2006, and is now in use in such commerce.
Applicant hereby submits a new specimen for Class 016. The specimen(s) submitted consists of LOGO - The letters P,A,H,W,A,Y in the Eyechart font. The letter T is represented between the A and H by a rugged, weathered, red cross. At the base of the T is a white path flowing down from the cross dividing the red box below the word PATHWAY symbolic of the purity of the blood of Christ. BINDERS - Pictured are a black binder for teachers, white binder for students and a ministry binder for servants containing all teaching and instructional material. COVERS AND CERTIFICATES - Pictured are one slide-in binder cover and two class completion certificates. HAT AND SHIRT - Pictured are Pathway gear. Logo in the gear uses only the Pathway word in appropriate font with rugged red cross without the red box and dividing white path below the cross. TABLE, DOOR SIGNS AND BOOKMARKS - Pictured are slide-in spines for Pathway Binder material as well as bookmarks, schedule detail (featuring start date back in October 2006), brochure describing course study, classroom signs, and table tents showing invitation to Pathway courses..
"The substitute (or new, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use].
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Teri Fedler a(n) charitable, non-profit corporation, legally organized under the laws of Illinois, having an address of
      1332 Sheridan Road
      Winthrop Harbor, Illinois 60096
      United States

Proposed: Open Covenant Life, charitable, non-profit corporation legally organized under the laws of Illinois, comprising of Teri Fedler (US Citizen), Todd Fedler (US Citizen), Miguel Garcia II (US Citizen), having an address of
      1332 Sheridan Road
      Winthrop Harbor, Illinois 60096
      United States
      XXXX

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PATHWAY apart from the mark as shown.

Significance of wording, letter(s), or numeral(s)
T appearing in the mark means or signifies the cross of Jesus's crucifixion and shedding of his blood in the relevant trade or industry or as applied to the goods/services listed in the application. whitespace appear around the outside of the red box excluding the white path leading down from the cross appearing in the mark has no significance in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 244. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Teri Fedler/      Date: 01/01/2010
Signatory's Name: Teri Fedler
Signatory's Position: Owner and President

Response Signature
Signature: /Teri Fedler/     Date: 01/01/2010
Signatory's Name: Teri Fedler
Signatory's Position: Owner and President

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 77721423
Internet Transmission Date: Fri Jan 01 16:50:06 EST 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201001011650066460
27-77721423-4608bf6af9fd2f36e1ebbcc58302
332a77-N/A-N/A-20100101151200025055