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 |
86974505 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/86974505/mark.png |
LITERAL ELEMENT |
OUR ORANGE PROMISE CONVENIENCE VALUE DELIVERING THE MOST CONVENIENT EXPERIENCE AND BEST VALUE FOR CUSTOMERS. |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Retail store services featuring home improvement goods and services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Retail store services featuring home improvement goods and services; Retail store services featuring home improvement goods |
FINAL DESCRIPTION |
Retail store services featuring home improvement goods |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (036)(class added) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Credit card services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (037)(class added) |
INTERNATIONAL CLASS |
037 |
DESCRIPTION |
Installation and maintenance of household appliances, home furnishings and home improvement items; Rental of construction equipment,
home improvement items and tools; Technical consultation in the field of building construction; Technical advice related to building construction in the nature of home improvement projects;
Consultation in the fields of construction, repair, remodeling, maintenance and installation in the field of home improvement projects and landscaping and gardening |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039)(class added) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
Delivery of goods |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (040)(class added) |
INTERNATIONAL CLASS |
040 |
DESCRIPTION |
Paint mixing and computer paint mixing services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(class added) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Education services, namely, providing clinics and workshops in the field of home improvement and distribution of educational materials
in connection therewith |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(class added) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Interior decorating consultation, remodeling consultation, consultation in the field of construction, repair, maintenance, and
installation, rendering technical aid and assistance with home improvement projects |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (044)(class added) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Landscape gardening design for others |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
7 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
1925 |
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 |
/Sheri M. Hunter/ |
SIGNATORY'S NAME |
Sheri M. Hunter |
SIGNATORY'S POSITION |
Attorney of record, Texas bar member |
SIGNATORY'S PHONE NUMBER |
512.457.2046 |
DATE SIGNED |
01/06/2017 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jan 06 12:05:09 EST 2017 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0170106120509993063-86974
505-57094923813dd0f95e5c8
59eab408237f11a5dd369e579
7e80e96981842dfe4bc-DA-93
10-20170103162020821386 |
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.
86974505 OUR ORANGE PROMISE CONVENIENCE VALUE DELIVERING THE MOST CONVENIENT EXPERIENCE AND BEST VALUE FOR CUSTOMERS. (Stylized and/or with Design, see
http://uspto.report/TM/86974505/mark.png) 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 035 for Retail store services featuring home improvement goods and 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.
Proposed:
Tracked Text Description: Retail store services featuring home improvement goods and services;
Retail store services
featuring home improvement goodsClass 035 for Retail store services featuring home improvement goods
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 036 for Credit card services
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 037 for Installation and maintenance of household appliances, home furnishings and home improvement items; Rental of construction equipment, home improvement items and tools;
Technical consultation in the field of building construction; Technical advice related to building construction in the nature of home improvement projects; Consultation in the fields of construction,
repair, remodeling, maintenance and installation in the field of home improvement projects and landscaping and gardening
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 039 for Delivery of goods
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 040 for Paint mixing and computer paint mixing services
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 Education services, namely, providing clinics and workshops in the field of home improvement and distribution of educational materials in connection therewith
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 042 for Interior decorating consultation, remodeling consultation, consultation in the field of construction, repair, maintenance, and installation, rendering technical aid and
assistance with home improvement projects
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 044 for Landscape gardening design for others
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.
FEE(S)
Fee(s) in the amount of $1925 is being submitted.
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: /Sheri M. Hunter/ Date: 01/06/2017
Signatory's Name: Sheri M. Hunter
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 512.457.2046
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.
RAM Sale Number: 86974505
RAM Accounting Date: 01/06/2017
Serial Number: 86974505
Internet Transmission Date: Fri Jan 06 12:05:09 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2017010612050999
3063-86974505-57094923813dd0f95e5c859eab
408237f11a5dd369e5797e80e96981842dfe4bc-
DA-9310-20170103162020821386