PR-Teas-Response to Post Reg Office Act

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 07/31/2018)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 07/31/2018)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number. 3118428

FORM INFORMATION

In response to the post-registration Office Action dated September 27, 2016, Registrant respectfully disagrees that the specimen filed with the Section 8 affidavit on July 7, 2016, fails to show use of the mark in connection with the sale or advertising of Registrant's services. Registrant submitted screenshots of its website, available at www.plyinteractive.com, which clearly shows the PLY mark at the top of the site on a "banner" page, and describes Registrant's services as "HANDCRAFTED WEBSITES AND APPS, SIMPLIFIED." which Registrant uses to advertise its computer services for others, namely the design, development and implementation of Web sites and Web-based applications. By scrolling down on Registrant's website, potential consumers are able to click on interactive tiles which further describe Registrant's services, such as "Website Design," "Sites, Emails, and Apps," and "Mobile App." Again, Registrant believes these tiles clearly advertise Registrant's web design services in connection with its PLY mark, at the top of the web page.

 

Because Registrant's website is intended to be used in an interactive fashion, Registrant believes that the static nature of the specimen uploaded on July 7, 2016 may not have clearly demonstrated Registrant's use of its mark in connection with advertising its services. Registrant therefore is submitting replacement specimens, which were in use as of the date renewal was due, to assist the TM Specialist in reviewing the Section 8 affidavit. The TM Specialist is also encouraged to visit Registrant's website at www.plyinteractive.com to better understand how the interactive nature of the website describes Registrant's services in connection with its mark. The replacement specimens are as follows:

 

Page 1: screenshot of website displaying PLY mark in connection with interactive tiles which, when hovered over or clicked on, provide information regarding Registrant's services. Registrant again notes that its website clearly states "HANDCRAFTED WEBSITES AND APPS, SIMPLIFIED" directly beneath the PLY mark and that Registrant's potential customers would understand this to mean that Registrant offers services related to design and development of web site and web-based applications.

 

Page 2: e-flyer describing Registrant's services in connection with a completed project, used to advertise Registrant's services to potential customers.

 

Registrant respectfully requests that the TM Specialist enter these replacement specimens into the record and approve Registrant's Section 8 Affidavit.

FORM FILE NAME(S)

Original PDF file:
PLY_Specimen_201701042850556.pdf
Converted PDF file(s) (2 pages)
Attachments-1
Attachments-2 The substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71, as appropriate.

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 trademark owner's/holder'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 trademark owner/holder in this matter: (1) the trademark owner 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 trademark owner has filed a power of attorney appointing him/her in this matter; or (4) the trademark owner's/holder'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.

FEE(S)
Fee(s) in the amount of $100 is being submitted.

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /rcc/      Date: 01/10/2017
Signatory's Name: Robert C. Cumbow
Signatory's Position: Attorney of record, Washington state bar member
Signatory's Phone Number: 206.624.8300

Submission Signature
Signature: /rcc/     Date: 01/10/2017
Signatory's Name: Robert C. Cumbow
Signatory's Position: Attorney of record, Washington state bar member
Signatory's Phone Number: 206.624.8300

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 trademark owner's/holder'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 trademark owner/holder in this matter: (1) the trademark owner 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 trademark owner has filed a power of attorney appointing him/her in this matter; or (4) the trademark owner's/holder'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.

        
RAM Sale Number: 3306
RAM Accounting Date: 01/11/2017
        
Serial Number: 78609661
Internet Transmission Date: Tue Jan 10 16:47:10 EST 2017
TEAS Stamp: USPTO/TRS-XX.XXX.XX.XX-20170110164710453
803-3118428-20170110162511592946-DA-3306
-20170110162511592946