Response to Office Action

PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

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PTO Form 1957 (Rev 5/2006)

OMB No. 0651-0050 (Exp. 04/2009)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 78565131 has been amended as follows:
Argument(s)
In response to the substantive refusal(s), please note the following:

Applicant owns the registered mark TRUST TITLE COMPANY.

Applicant will adopt the suggested amendment of the services to International Classes 36 and 42.  Real estate title insurance underwriting services in International Class 36; and Real estate settlement services in international Class 42.  The additional class 42 filing fee is enclosed.

A likelihood of confusion does not exist between the Applicant's mark, TRUST TITLE OF AMERICA and the registered mark of TRUST COMPANY OF AMERICA.  TRUST COMPANY OF AMERICA is primarily a financial management and investment service provider, not providing title insurance underwriting and real estate settlement services, which the Applicant provides as their only services under the proposed mark, TRUST TITLE OF AMERICA.  The Applicant does not provide financial management advice nor investment advice to clients.  Applicant provides the legal transference of real property between owner and purchaser, the disbursement of escrow funds and the title insurance policies required on real property.  Therefore, because of these differences, Applicant believes there is no likelihood of confusion and Applicant requests registration of the mark TRUST TITLE OF AMERICA.

 

Classification and Listing of Goods/Services

Applicant hereby adds the following class of goods/services to the application:
New:
Class 042 for Real estate settlement services
Section 1(b), The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection withthe identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Additional Statements
"No claim is made to the exclusive right to use "TITLE OF AMERICA" apart from the mark as shown."

Fees
Fee(s) in the amount of $325 is being submitted.


Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant 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). 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 or services listed in the application as of the application filing date. 37 C.F.R. Secs. 2.34(a)(1)(i). 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. §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. §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: /Christopher W. Gardner/      Date: 03/21/2006
Signatory's Name: Christopher W. Gardner
Signatory's Position: President and CEO

Response Signature

Signature: /Christopher W. Gardner/     Date: 03/21/2006
Signatory's Name: Christopher W. Gardner
Signatory's Position: President and CEO
        
RAM Sale Number: 694
RAM Accounting Date: 03/22/2006
        
Serial Number: 78565131
Internet Transmission Date: Tue Mar 21 18:18:41 EST 2006
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2006032118184111
1313-78565131-320d193cd5494a93433764bc0c
51d62dda-CC-694-20060321180008391742