Response to Office Action

CMI

eV8, LLC

Response to Office Action

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 1957 (Rev 10/2011)
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 86346713
LAW OFFICE ASSIGNED LAW OFFICE 107
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86346713/large
LITERAL ELEMENT CMI
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 045
DESCRIPTION
Personality testing for social purposes, namely, personal relationship use
        FIRST USE ANYWHERE DATE At least as early as 04/15/2015
        FIRST USE IN COMMERCE DATE At least as early as 04/15/2015
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 045
DESCRIPTION
Personality testing for social purposes, namely, personal relationship use
       FIRST USE ANYWHERE DATE At least as early as 04/15/2015
       FIRST USE IN COMMERCE DATE At least as early as 04/15/2015
       STATEMENT TYPE "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].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-1629428123-20160112143801957050_._CMI_Specimen.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\863\467\86346713\xml16\ROA0002.JPG
       SPECIMEN DESCRIPTION Image of test
DELETED FILING BASIS 1(b)
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /Albert P. Mauro, Jr./
SIGNATORY'S NAME Albert P. Mauro, Jr.
SIGNATORY'S POSITION Attorney of Record, Missouri Bar
SIGNATORY'S PHONE NUMBER 816-545-3187
DATE SIGNED 01/12/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 12 14:45:49 EST 2016
TEAS STAMP USPTO/ROA-XXX.XX.XX.XXX-2
0160112144549167065-86346
713-5509bab476dd2f045acc5
26ec4e81ff7323b6bc97762c5
a4e41ea1da0753a27-N/A-N/A
-20160112143801957050



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 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86346713 CMI(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86346713/large) 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 045 for Personality testing for social purposes, namely, personal relationship use
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.

In International Class 045, the mark was first used at least as early as 04/15/2015 and first used in commerce at least as early as 04/15/2015 .

Proposed: Class 045 for Personality testing for social purposes, namely, personal relationship use

Deleted Filing Basis: 1(b)
In International Class 045, the mark was first used at least as early as 04/15/2015 . and first used in commerce at least as early as 04/15/2015 .

Applicant hereby submits one(or more) specimen(s) for Class 045 . The specimen(s) submitted consists of Image of test .
"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].
Original PDF file:
SPU0-1629428123-20160112143801957050_._CMI_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.

Response Signature
Signature: /Albert P. Mauro, Jr./     Date: 01/12/2016
Signatory's Name: Albert P. Mauro, Jr.
Signatory's Position: Attorney of Record, Missouri Bar

Signatory's Phone Number: 816-545-3187

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

        
Serial Number: 86346713
Internet Transmission Date: Tue Jan 12 14:45:49 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2016011214454916
7065-86346713-5509bab476dd2f045acc526ec4
e81ff7323b6bc97762c5a4e41ea1da0753a27-N/
A-N/A-20160112143801957050


Response to Office Action [image/jpeg]


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