Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85377077 CAPSTONE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85377077) 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 039 for travel services, namely, arranging tours, guide services, arranging for travel documents for persons traveling abroad and domestically, travel booking agency, making reservations and bookings for transportation, providing travel information, arranging educational trips for students, clubs, and organizations; and educational services, namely, arranging and conducting programs, seminars, workshops, courses, and distance learning programs in the fields of science, culture, heritage, history, religion, and arts, of travel destinations for students, clubs, and organizations
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Travel services, namely, arranging tours, guide services, arranging for travel documents for persons traveling abroad and domestically, travel booking agency, making reservations and bookings for transportation, providing travel information, arranging educational trips for students, clubs, and organizations; and educational services, namely, arranging and conducting programs, seminars, workshops, courses, and distance learning programs in the fields of science, culture, heritage, history, religion, and arts, of travel destinations for students, clubs, and organizationsClass 039 for Travel services, namely, arranging tours, guide services, arranging for travel documents for persons traveling abroad and domestically, travel booking agency, making reservations and bookings for transportation, providing travel information, arranging educational trips for students, clubs, and organizations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Educational services, namely, arranging and conducting programs, seminars, workshops, courses, and distance learning programs in the fields of science, culture, heritage, history, religion, and arts, of travel destinations for students, clubs, and organizations
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Applicant acknowledges the Office Action dated November 18, 2011 in the above-identified case. Applicant has amended the identification of services as suggested by the Examining Attorney to more clearly define the services. The services are within the scope of the application as filed. If the Examining Attorney has any further questions, Applicant's undersigned counsel encourages a telephone call. In view of the foregoing, it is respectfully requested that Applicant's trademark be published. Favorable action is hereby solicited.


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

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /ajd/     Date: 05/02/2012
Signatory's Name: Anderson J. Duff
Signatory's Position: Attorney of Record, NY Bar Member

Signatory's Phone Number: 617-646-8301

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 9874
RAM Accounting Date: 05/02/2012
        
Serial Number: 85377077
Internet Transmission Date: Wed May 02 10:47:12 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-201205021047129827
06-85377077-490c9df9a40694986e1143148768
b6c85-CC-9874-20120502103434677377