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 NUMBER87206205
LAW OFFICE ASSIGNEDLAW OFFICE 113
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/87206205/large
LITERAL ELEMENT ACCESS
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 (035)(current)
INTERNATIONAL CLASS035
DESCRIPTION
Business records management; Financial records management; Records management services, namely, document indexing for others; consultation with respect to the same; Electronic storage of files and documents; Physical storage of electronically-stored data or documents; Storage services for archiving electronic data; Archival services, namely, collection and storage of historical records and documents; Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; mobile shredding services; collection and disposal services relating to same; Digitization of documents; Electronic scanning of documents and other records
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/17/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/17/2016
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS035
TRACKED TEXT DESCRIPTION
Business records management; Financial records management; Records management services, namely, document indexing for others; consultation with respect to the same; consultation in the fields of business records management, financial records management and document indexing for others; Electronic storage of files and documents; mobile shredding services; Physical storage of electronically-stored data or documents; Storage services for archiving electronic data; Archival services, namely, collection and storage of historical records and documents; Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; collection and disposal services relating to same; Digitization of documents; Electronic scanning of documents and other records
FINAL DESCRIPTION
Business records management; Financial records management; Records management services, namely, document indexing for others; consultation in the fields of business records management, financial records management and document indexing for others; mobile shredding services
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/17/2016
       FIRST USE IN COMMERCE DATE At least as early as 10/17/2016
GOODS AND/OR SERVICES SECTION (039)(class added)
INTERNATIONAL CLASS039
DESCRIPTION
Physical storage of electronically-stored data or documents; Archival services, namely, collection and storage of historical records and documents
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/17/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/17/2016
       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)
\\TICRS\EXPORT17\IMAGEOUT 17\872\062\87206205\xml4\ ROA0002.JPG
       SPECIMEN DESCRIPTIONpage from applicant's website
GOODS AND/OR SERVICES SECTION (040)(class added)
INTERNATIONAL CLASS040
DESCRIPTION
Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; mobile document shredding services; Digitization of documents, namely, Electronic scanning of documents
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/17/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/17/2016
       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)
\\TICRS\EXPORT17\IMAGEOUT 17\872\062\87206205\xml4\ ROA0003.JPG
       SPECIMEN DESCRIPTIONpage from applicant's website
GOODS AND/OR SERVICES SECTION (042)(class added)
INTERNATIONAL CLASS042
DESCRIPTION
Electronic storage of files and documents; electronic storage services for archiving electronic data
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/17/2016
        FIRST USE IN COMMERCE DATE At least as early as 10/17/2016
       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)
\\TICRS\EXPORT17\IMAGEOUT 17\872\062\87206205\xml4\ ROA0004.JPG
       SPECIMEN DESCRIPTIONpage from applicant's website
PAYMENT SECTION
NUMBER OF CLASSES3
APPLICATION FOR REGISTRATION PER CLASS275
TOTAL FEES DUE825
SIGNATURE SECTION
DECLARATION SIGNATURE /Brent T. Winder/
SIGNATORY'S NAME Brent T. Winder
SIGNATORY'S POSITION Attorney of record, Utah bar member
SIGNATORY'S PHONE NUMBER 801-521-3200
DATE SIGNED 07/24/2017
RESPONSE SIGNATURE /Brent T. Winder/
SIGNATORY'S NAME Brent T. Winder
SIGNATORY'S POSITION Attorney of record, Utah bar member
SIGNATORY'S PHONE NUMBER 801-521-3200
DATE SIGNED 07/24/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 24 14:13:38 EDT 2017
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20170724141338749611-8720
6205-5104a6833b195f1e5a1d
8a8e2b9050d1c17fd6a3ab4a6
4c631d9720c6737cc45a-CC-5
02-20170724135205683409



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. 87206205 ACCESS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/87206205/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 035 for Business records management; Financial records management; Records management services, namely, document indexing for others; consultation with respect to the same; Electronic storage of files and documents; Physical storage of electronically-stored data or documents; Storage services for archiving electronic data; Archival services, namely, collection and storage of historical records and documents; Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; mobile shredding services; collection and disposal services relating to same; Digitization of documents; Electronic scanning of documents and other records
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/17/2016 and first used in commerce at least as early as 10/17/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business records management; Financial records management; Records management services, namely, document indexing for others; consultation with respect to the same; consultation in the fields of business records management, financial records management and document indexing for others; Electronic storage of files and documents; mobile shredding services; Physical storage of electronically-stored data or documents; Storage services for archiving electronic data; Archival services, namely, collection and storage of historical records and documents; Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; collection and disposal services relating to same; Digitization of documents; Electronic scanning of documents and other records

Class 035 for Business records management; Financial records management; Records management services, namely, document indexing for others; consultation in the fields of business records management, financial records management and document indexing for others; mobile shredding services
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/17/2016 and first used in commerce at least as early as 10/17/2016 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 039 for Physical storage of electronically-stored data or documents; Archival services, namely, collection and storage of historical records and documents
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/17/2016 and first used in commerce at least as early as 10/17/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 039 . The specimen(s) submitted consists of page from applicant's website .
"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 File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Document shredding services; Document destruction; electronic media destruction; hard drive destruction; computer tape destruction; microfiche destruction; microfilm destruction; computer disc destruction; mobile document shredding services; Digitization of documents, namely, Electronic scanning of documents
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/17/2016 and first used in commerce at least as early as 10/17/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040 . The specimen(s) submitted consists of page from applicant's website .
"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 File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Electronic storage of files and documents; electronic storage services for archiving electronic data
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 10/17/2016 and first used in commerce at least as early as 10/17/2016 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of page from applicant's website .
"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 File1

FEE(S)
Fee(s) in the amount of $825 is being submitted.

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: /Brent T. Winder/      Date: 07/24/2017
Signatory's Name: Brent T. Winder
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone Number: 801-521-3200


Response Signature
Signature: /Brent T. Winder/     Date: 07/24/2017
Signatory's Name: Brent T. Winder
Signatory's Position: Attorney of record, Utah bar member

Signatory's Phone Number: 801-521-3200

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: 87206205
RAM Accounting Date: 07/25/2017
        
Serial Number: 87206205
Internet Transmission Date: Mon Jul 24 14:13:38 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201707241413387
49611-87206205-5104a6833b195f1e5a1d8a8e2
b9050d1c17fd6a3ab4a64c631d9720c6737cc45a
-CC-502-20170724135205683409