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. 4009685

FORM INFORMATION

The below is in response to the Office Action dated September 12, 2017. The Registrant offers this response in support of its trademark filing.

Section 8 Affidavit- A Specimen for a Service Mark
The Office Action notes that a specimen for a service mark must show use of the mark in the sale or advertising of services. A service mark specimen must additionally show association between the mark and the services identified in the registration. Applicant addresses the criteria issues of a service mark specimen in relation to their application below.

The Original Specimen:
The Office Action notes that the specimen filed with the Sections 8 & 15 combined affidavit on August 7, 2017 does not reference the services specified in registration. The specimen showing the mark is sold in the Xavier bookstore and around the Xavier campus during athletic competitions and events to encourage students, faculty, their friends and family, to attend the various athletic sporting events to cheer on Xavier athletes. This is not only being sold to encourage people to attend athletic events and cheer on the athletes, it is also advertising for the various athletic programs by marketing to the fans to cheer on their favorite Xavier team.

The Substitute Specimen:
The new specimen attached is a website printout with the service mark shown advertising Xavier Athletic programs offered at the University. Specifically the mark is used on the advertisement of the 2017-2018 Women’s Basketball schedule. 

FORM FILE NAME(S)

Original PDF file:
2017-18_WBB-schedule_20182122419756.pdf
Converted PDF file(s) (1 page)
Attachments-1 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: /Kristen M. Myers/      Date: 03/12/2018
Signatory's Name: Kristen M. Myers
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 5136212100

Submission Signature
Signature: /Kristen M. Myers/     Date: 03/12/2018
Signatory's Name: Kristen M. Myers
Signatory's Position: Attorney of record, Ohio bar member
Signatory's Phone Number: 5136212100

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: 1195
RAM Accounting Date: 03/13/2018
        
Serial Number: 85242579
Internet Transmission Date: Mon Mar 12 14:43:45 EDT 2018
TEAS Stamp: USPTO/TRS-XX.XXX.XX.XX-20180312144345857
075-4009685-20180312144001503002-CC-1195
-20180312144001503002