Post Publication Amendment

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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1771 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 86817041 JADE (Stylized and/or with Design, see http://uspto.report/TM/86817041/mark.png) has been amended as follows:

EXPLANATION OF FILING

Applicant, HSBC GROUP MANAGEMENT SERVICES LIMITED, submits this Post-Publication Amendment in connection with App. Ser. No. 86/817,041 for the mark JADE and Design in Class 36. Applicant respectfully requests that the 1(b) filing basis for Class 36 be deleted.  Further, Application requests that the subject application rely solely on its Section 44(e) filing basis supported by EUTM Registration No. 014519953.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Banking services; savings accounts services; electronic banking services; mobile phone banking services; cheque clearing services; payment administration; bank card, credit card, debit card and electronic payment card services; debt collection and payment agency, consultancy and brokerage services; arranging and provision of loans, mortgages and guarantees; lending on mortgages; financing of loans; credit services; money exchange and transfer services; money ordering services; money transmission services; foreign currency services, namely, foreign currency trading, foreign currency exchange services, and foreign currency transfer services; services for the provision of travellers' cheques; pension services and personal pension services, namely, the financial administration of employee pension plans, and pension fund investments, and advisory services in connection therewith pension fund administration services; fund management services; fund transfer services; trust services, namely, estate trust management, estate trust planning, financial trust administration, financial trust operations, financial trust planning and management, and trust management accounts; trustee services; trusteeship services; investment services; financial investments; capital investment services; raising of capital; investment and protection advice; investment management services; stockbroking services; shares and securities brokerage, trading and distribution; share underwriting; share valuation; insurance services, namely, insurance brokerage services, insurance advice and consultation, life insurance underwriting, insurance information services, underwriting and administering disability insurance; insurance brokerage services; loss of income protection services, namely, insurance underwriting in the field of long term and short term disability; financial services, namely, mortgage planning, debt settlement, money lending, estate settlement; financial advisory and consultancy services; financial advisory services; nominee services, namely, assisting others with the completion of financial transactions for stocks, bonds, securities and equities; provision of finance for IT equipment, computer software, automobiles, real estate, travel; financing services for securing funds; real estate agency, management and valuation services; property administration services, namely, financial administration of stock exchange trading of shares and other financial securities in financial markets; information and advisory services concerning or relating to all of the aforesaid services; all the aforesaid services including services provided by means of the Internet, on-line and interactive computer services
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014519953 registered 07/13/2017 with a renewal date of __________ and an expiration date of 08/28/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 036 for Banking services; savings accounts services; electronic banking services; mobile phone banking services; cheque clearing services; payment administration; bank card, credit card, debit card and electronic payment card services; debt collection and payment agency, consultancy and brokerage services; arranging and provision of loans, mortgages and guarantees; lending on mortgages; financing of loans; credit services; money exchange and transfer services; money ordering services; money transmission services; foreign currency services, namely, foreign currency trading, foreign currency exchange services, and foreign currency transfer services; services for the provision of travellers' cheques; pension services and personal pension services, namely, the financial administration of employee pension plans, and pension fund investments, and advisory services in connection therewith pension fund administration services; fund management services; fund transfer services; trust services, namely, estate trust management, estate trust planning, financial trust administration, financial trust operations, financial trust planning and management, and trust management accounts; trustee services; trusteeship services; investment services; financial investments; capital investment services; raising of capital; investment and protection advice; investment management services; stockbroking services; shares and securities brokerage, trading and distribution; share underwriting; share valuation; insurance services, namely, insurance brokerage services, insurance advice and consultation, life insurance underwriting, insurance information services, underwriting and administering disability insurance; insurance brokerage services; loss of income protection services, namely, insurance underwriting in the field of long term and short term disability; financial services, namely, mortgage planning, debt settlement, money lending, estate settlement; financial advisory and consultancy services; financial advisory services; nominee services, namely, assisting others with the completion of financial transactions for stocks, bonds, securities and equities; provision of finance for IT equipment, computer software, automobiles, real estate, travel; financing services for securing funds; real estate agency, management and valuation services; property administration services, namely, financial administration of stock exchange trading of shares and other financial securities in financial markets; information and advisory services concerning or relating to all of the aforesaid services; all the aforesaid services including services provided by means of the Internet, on-line and interactive computer services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Community - CTM registration number 014519953 registered 07/13/2017 with a renewal date of __________ and an expiration date of 08/28/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Declaration Signature

DECLARATION: 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 or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Joshua S. Wolkoff/      Date: 09/18/2018
Signatory's Name: Joshua S. Wolkoff
Signatory's Position: Attorney of record, New York State bar member
Signatory's Phone Number: 212-626-4423



Signature: /Joshua S. Wolkoff/     Date: 09/18/2018
Signatory's Name: Joshua S. Wolkoff
Signatory's Position: Attorney of record, New York State bar member

Signatory's Phone Number: 212-626-4423

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 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: 86817041
Internet Transmission Date: Tue Sep 18 15:46:09 EDT 2018
TEAS Stamp: USPTO/PPA-XXX.XXX.XXX.XXX-20180918154609
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cb5-N/A-N/A-20180918115632361776