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. 85415523 BENCHMARK YOUNG ADULT SCHOOL(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85415523) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Residential, co-educational and therapeutic transitional living programs for young adults; behavioral treatment services for young adults; life coach services for young adults recovering from addiction; recovery and aftercare services for young adults suffering from substance abuse substance abuse treatment services and related counseling and educational services

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 (Original Class: 045 ) for Life coaching services for young adults recovering from addiction; educational services, namely, general educational courses and behavioral health seminars and workshops, in the field of substance abuse
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 08/08/1997 and first used in commerce at least as early as 08/08/1997 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

Applicant hereby adds the following class of goods/services to the application:
New: Class 043 for Providing residential homes and housing for at-risk children and youth, namely, residential, co-educational and therapeutic transitional living programs for young adults
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 08/08/1997 and first used in commerce at least as early as 08/08/1997 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 043 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Palliative care services, namely, recovery and aftercare services for young adults suffering from substance abuse; substance abuse treatment services and related counseling; behavioral health services, namely, behavioral treatment services for young adults
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 08/08/1997 and first used in commerce at least as early as 08/08/1997 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 044 .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use YOUNG ADULT SCHOOL apart from the mark as shown.


FEE(S)
Fee(s) in the amount of $650 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: /dag/     Date: 06/20/2012
Signatory's Name: Deborah A. Gubernick, Esq.
Signatory's Position: Attorney of record

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: 5188
RAM Accounting Date: 06/21/2012
        
Serial Number: 85415523
Internet Transmission Date: Wed Jun 20 17:48:01 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2012062017480127
5810-85415523-4903a8d56e7d5caf32154b4688
3c0c91928-CC-5188-20120620174105250871