| PTO Form 1957 (Rev 9/2005) |
| OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
85821791 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
| MARK SECTION |
| MARK FILE NAME |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85821791 |
| LITERAL ELEMENT |
FAB |
| STANDARD CHARACTERS |
NO |
| USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "FAB" and a heart to the right of the "B" in white on a black background. The broken lines appearing represent
that background is claimed as part of the mark. The shape of each of the letters "FAB" and the heart is outlined in black with an enclosed white interior. The purpose of the interior white areas on
the drawing represents the portion of the mark that is visible because it is in contrast to the background. |
| GOODS AND/OR SERVICES SECTION (009)(current) |
| INTERNATIONAL CLASS |
009 |
| DESCRIPTION |
| Computer application software for mobile phones or handheld computers, namely, software for online retail shopping, advertising and
marketing services, namely, promoting the goods and services of others, and social networking |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/16/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/16/2011 |
| GOODS AND/OR SERVICES SECTION (009)(proposed) |
| INTERNATIONAL CLASS |
009 |
| TRACKED TEXT DESCRIPTION |
Computer application software for mobile phones or handheld computers, namely, software for online
retail shopping, advertising and marketing services, namely, promoting the goods and services of others, and social networking; Computer application software for
mobile phones or handheld computers, namely, software for accessing and performing e-commerce transactions on online retail shopping sites, receiving advertising and marketing information and offers
concerning the goods and services of others, and accessing social networking sites |
| FINAL DESCRIPTION |
| Computer application software for mobile phones or handheld computers, namely, software for accessing and performing e-commerce
transactions on online retail shopping sites, receiving advertising and marketing information and offers concerning the goods and services of others, and accessing social networking sites |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/16/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 10/16/2011 |
| GOODS AND/OR SERVICES SECTION (035)(no change) |
| GOODS AND/OR SERVICES SECTION (042)(current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Providing a website that gives computer users the ability to shop a wide variety of goods, participate in incentive award programs,
create an on-line community for users to engage in social networking, exchange messages, get feedback from their peers, and publish and share information |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/09/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/09/2011 |
| GOODS AND/OR SERVICES SECTION (042)(proposed) |
| INTERNATIONAL CLASS |
042 |
| TRACKED TEXT DESCRIPTION |
Providing a website that gives computer users the ability to shop a wide variety of goods, participate
in incentive award programs, create an on-line community for users to engage in social networking, exchange messages, get feedback from their peers, and publish and share information;
Providing a website featuring technology that enables users to complete e-commerce transactions, administer and manage incentive award programs, create an on-line
community for users to engage in social networking, exchange messages, get feedback from their peers, and publish and share information |
| FINAL DESCRIPTION |
| Providing a website featuring technology that enables users to complete e-commerce transactions, administer and manage incentive award
programs, create an on-line community for users to engage in social networking, exchange messages, get feedback from their peers, and publish and share information |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/09/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/09/2011 |
| ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) black and white is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the term "FAB" adjacent to the design of a heart, both in white, with black claimed as a color as contrasting background
of no particular shape. |
| ACTIVE PRIOR REGISTRATION(S) |
The applicant claims ownership of U.S. Registration Number(s) 4197722, 4198556, and 4198555. |
| CORRESPONDENCE SECTION |
| ORIGINAL ADDRESS |
HOLLY PRANGER
PRANGER LAW GROUP
3223 WEBSTER ST
SAN FRANCISCO
California (CA)
US
94123-2812
|
| NEW CORRESPONDENCE SECTION |
| NAME |
HOLLY PRANGER |
| FIRM NAME |
PRANGER LAW GROUP |
| DOCKET/REFERENCE NUMBER |
181-33 |
| STREET |
3223 WEBSTER ST |
| CITY |
SAN FRANCISCO |
| STATE |
California |
| ZIP/POSTAL CODE |
94123-2812 |
| COUNTRY |
United States |
| PHONE |
415.885.9800 |
| FAX |
415.346.8987 |
| EMAIL |
trademark@prangerlaw.com;hpranger@prangerlaw.com |
| AUTHORIZED EMAIL COMMUNICATION |
Yes |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Holly Pranger/ |
| SIGNATORY'S NAME |
Holly Pranger |
| SIGNATORY'S POSITION |
Attorney of Record, CA Bar Member |
| SIGNATORY'S PHONE NUMBER |
415.885.9800 |
| DATE SIGNED |
10/25/2013 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Fri Oct 25 13:03:19 EDT 2013 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0131025130319235166-85821
791-5005579894eac94352e70
c5df2e911c2e8f177e6abb413
ae58c9432bdd5929af-N/A-N/
A-20131025124614818240 |
| 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.
85821791 FAB (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85821791) 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 009 for Computer application software for mobile phones or handheld computers, namely, software for online retail shopping, advertising and marketing services, namely, promoting
the goods and services of others, and social networking
Original Filing Basis:
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 10/16/2011 and first used in commerce at least as early as 10/16/2011 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Computer application software for mobile phones or handheld computers, namely, software for online retail shopping, advertising and
marketing services, namely, promoting the goods and services of others, and social networking;
Computer application software for mobile phones or handheld
computers, namely, software for accessing and performing e-commerce transactions on online retail shopping sites, receiving advertising and marketing information and offers concerning the goods and
services of others, and accessing social networking sitesClass 009 for Computer application software for mobile phones or handheld computers, namely, software for accessing and performing
e-commerce transactions on online retail shopping sites, receiving advertising and marketing information and offers concerning the goods and services of others, and accessing social networking
sites
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 10/16/2011 and first used in commerce at least as early as 10/16/2011 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing a website that gives computer users the ability to shop a wide variety of goods, participate in incentive award programs, create an on-line community for users
to engage in social networking, exchange messages, get feedback from their peers, and publish and share information
Original Filing Basis:
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 06/09/2011 and first used in commerce at least as early as 06/09/2011 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Providing a website that gives computer users the ability to shop a wide variety of goods, participate in incentive award programs,
create an on-line community for users to engage in social networking, exchange messages, get feedback from their peers, and publish and share information;
Providing a website featuring technology that enables users to complete e-commerce transactions, administer and manage incentive award programs, create an on-line community for users to engage
in social networking, exchange messages, get feedback from their peers, and publish and share informationClass 042 for Providing a website featuring technology that enables users to complete
e-commerce transactions, administer and manage incentive award programs, create an on-line community for users to engage in social networking, exchange messages, get feedback from their peers, and
publish and share information
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 06/09/2011 and first used in commerce at least as early as 06/09/2011 , and
is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
HOLLY PRANGER
PRANGER LAW GROUP
3223 WEBSTER ST
SAN FRANCISCO
California (CA)
US
94123-2812
Proposed:
HOLLY PRANGER of PRANGER LAW GROUP, having an address of
3223 WEBSTER ST SAN FRANCISCO, California 94123-2812
United States
trademark@prangerlaw.com;hpranger@prangerlaw.com
415.885.9800
415.346.8987
The docket/reference number is 181-33 .
ADDITIONAL STATEMENTS
Color Claim
The color(s) black and white is/are claimed as a feature of the mark.
Description of mark
The mark consists of the term "FAB" adjacent to the design of a heart, both in white, with black claimed as a color as contrasting background of no particular shape.
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4197722, 4198556, and 4198555.
SIGNATURE(S)
Response Signature
Signature: /Holly Pranger/ Date: 10/25/2013
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of Record, CA Bar Member
Signatory's Phone Number: 415.885.9800
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.
Mailing Address: HOLLY PRANGER
PRANGER LAW GROUP
3223 WEBSTER ST
SAN FRANCISCO, California 94123-2812
Serial Number: 85821791
Internet Transmission Date: Fri Oct 25 13:03:19 EDT 2013
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2013102513031923
5166-85821791-5005579894eac94352e70c5df2
e911c2e8f177e6abb413ae58c9432bdd5929af-N
/A-N/A-20131025124614818240