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:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: 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
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 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; Includes a series of video taped discussions about life, love and truth led by an individual or individuals with or without a group that may involve the group as well as written and printed material corresponding with said discussions; also included are signs, banners, forms and documents corresponding to said videos for implementing within large groups, clubs and/or organizations; as well as goods such as shirts, caps and stickers branded with the Mark.Class 016 for Includes a series of video taped discussions about life, love and truth led by an individual or individuals with or without a group that may involve the group as well as written and printed material corresponding with said discussions; also included are signs, banners, forms and documents corresponding to said videos for implementing within large groups, clubs and/or organizations; as well as goods such as shirts, caps and stickers branded with the Mark.
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Open Covenant Life 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
      847-445-8804

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

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

Description of mark
The mark consists of the wording PATHWAY in which the letters "P, A, H, W, A, Y" are in the color black and in which the letter "T" is a design of a rugged and weathered cross in the color red. At the base of the cross is a white path flowing down and dividing a red box that is below the wording PATHWAY.

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. 2.44. 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. Section 1001, 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. Section 1051(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: 07/31/2010
Signatory's Name: Teri Fedler
Signatory's Position: President

Response Signature
Signature: /Teri Fedler/     Date: 07/31/2010
Signatory's Name: Teri Fedler
Signatory's Position: 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: Sat Jul 31 14:10:24 EDT 2010
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201007311410240995
24-77721423-470272fc633ecfc72f067bdd1683
871e31-N/A-N/A-20100731125541131968