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 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 87394439 |
LAW OFFICE ASSIGNED | LAW OFFICE 101 |
MARK SECTION | |
MARK | http://uspto.report/TM/87394439/mark.png |
LITERAL ELEMENT | ESSENTIALS |
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. |
ARGUMENT(S) | |
Applicant disagrees that the mark shown on the specimen already of record differs from the mark shown in the drawing. The specimen uses ESSENTIALS as an adjective to modify "Toolkit," which is a reference to the online, non-downloadable software tools offered under the mark. ESSENTIALS is properly used as an adjective and trademark for the online tools offered by Applicant (the "toolkit"). The word "THE" preceding "ESSENTIALS" further enforces the quality of ESSENTIALS as an adjective and trademark for "the toolkit." The mark would be viewed by consumers as ESSENTIALS, being used to identify "the toolkit" comprising online non-downloadable software tools that enable users to manage and monitor real estate-related marketing, customers, prospects, transactions, information and business operations. Applicant respectfully requests that the specimen be accepted. While maintaining its claim that the specimen of record is appropriate evidence of trademark use, Applicant submits herewith an additional/substitute specimen for further consideration. |
|
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
Providing online non-downloadable software tools that enable users to manage and monitor real estate-related marketing, customers, prospects, transactions, information and business operations; Providing an interactive Internet website that enables users to manage and monitor a real estate business and real estate information, access and track information about real estate marketing, advertising, and sales leads, generate reports, and track and manage real estate listings; Providing an internet website portal featuring technology that allows real estate professionals to track and monitor their real estate business and real estate advertising, access sales and marketing tools, review listings and leads, generate reports, monitor and manage real estate advertising, and manage leads, clients and potential clients | |
FIRST USE ANYWHERE DATE | At least as early as 05/23/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 05/23/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 042 |
DESCRIPTION | |
Providing online non-downloadable software tools that enable users to manage and monitor real estate-related marketing, customers, prospects, transactions, information and business operations; Providing an interactive Internet website that enables users to manage and monitor a real estate business and real estate information, access and track information about real estate marketing, advertising, and sales leads, generate reports, and track and manage real estate listings; Providing an internet website portal featuring technology that allows real estate professionals to track and monitor their real estate business and real estate advertising, access sales and marketing tools, review listings and leads, generate reports, monitor and manage real estate advertising, and manage leads, clients and potential clients | |
FIRST USE ANYWHERE DATE | At least as early as 05/23/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 05/23/2019 |
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 | SPU0-7387154191-20191003154138955121_._2019-10-03_Substitute_Specimen.pdf |
CONVERTED PDF FILE(S) (2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\873\944\87394439\xml22\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\873\944\87394439\xml22\ROA0003.JPG | |
SPECIMEN DESCRIPTION | website images |
FILING BASIS | Section 1(b) |
ATTORNEY SECTION (current) | |
NAME | Bradley P. Hartman |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | HARTMAN TITUS PLC |
INTERNAL ADDRESS | SUITE 101 |
STREET | 3507 N. CENTRAL AVE. |
CITY | PHOENIX |
STATE | Arizona |
POSTAL CODE | 85012-2121 |
COUNTRY | US |
PHONE | 480-659-0019 |
FAX | 480-659-3304 |
trademarks@hartmantitus.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 1202.01.07 |
ATTORNEY SECTION (proposed) | |
NAME | Bradley P. Hartman |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | HARTMAN TITUS PLC |
INTERNAL ADDRESS | SUITE 101 |
STREET | 3507 N. CENTRAL AVE. |
CITY | PHOENIX |
STATE | Arizona |
POSTAL CODE | 85012-2121 |
COUNTRY | United States |
PHONE | 480-659-0019 |
FAX | 480-659-3304 |
trademarks@hartmantitus.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 1202.01.07 |
CORRESPONDENCE SECTION (current) | |
NAME | BRADLEY P. HARTMAN |
FIRM NAME | HARTMAN TITUS PLC |
INTERNAL ADDRESS | SUITE 101 |
STREET | 3507 N. CENTRAL AVE. |
CITY | PHOENIX |
STATE | Arizona |
POSTAL CODE | 85012-2121 |
COUNTRY | US |
PHONE | 602-235-0500 |
FAX | 888-506-6572 |
trademarks@hartmantitus.com; bhartman@hartmantitus.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 1202.01.07 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Bradley P. Hartman |
FIRM NAME | HARTMAN TITUS PLC |
INTERNAL ADDRESS | SUITE 101 |
STREET | 3507 N. CENTRAL AVE. |
CITY | PHOENIX |
STATE | Arizona |
POSTAL CODE | 85012-2121 |
COUNTRY | United States |
PHONE | 480-659-0019 |
FAX | 480-659-3304 |
trademarks@hartmantitus.com; bhartman@hartmantitus.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 1202.01.07 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /bradley p hartman/ |
SIGNATORY'S NAME | Bradley P. Hartman |
SIGNATORY'S POSITION | Attorney of record, Arizona bar member |
SIGNATORY'S PHONE NUMBER | 602-759-7459 |
DATE SIGNED | 10/03/2019 |
RESPONSE SIGNATURE | /bradley p hartman/ |
SIGNATORY'S NAME | Bradley P. Hartman |
SIGNATORY'S POSITION | Attorney of record, Arizona bar member |
SIGNATORY'S PHONE NUMBER | 602-759-7459 |
DATE SIGNED | 10/03/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Oct 03 15:45:11 EDT 2019 |
TEAS STAMP | USPTO/ROA-XX.XX.XXX.XXX-2 0191003154511570338-87394 439-610584ebdbb61a7c2abb1 21c7228a506d4576535cf4fb7 fb4e41dc461efa5-N/A-N/A-2 0191003154138955121 |
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 09/20/2020) |
Applicant disagrees that the mark shown on the specimen already of record differs from the mark shown in the drawing. The specimen uses ESSENTIALS as an adjective to modify "Toolkit," which is a reference to the online, non-downloadable software tools offered under the mark. ESSENTIALS is properly used as an adjective and trademark for the online tools offered by Applicant (the "toolkit"). The word "THE" preceding "ESSENTIALS" further enforces the quality of ESSENTIALS as an adjective and trademark for "the toolkit." The mark would be viewed by consumers as ESSENTIALS, being used to identify "the toolkit" comprising online non-downloadable software tools that enable users to manage and monitor real estate-related marketing, customers, prospects, transactions, information and business operations.
Applicant respectfully requests that the specimen be accepted.
While maintaining its claim that the specimen of record is appropriate evidence of trademark use, Applicant submits herewith an additional/substitute specimen for further consideration.
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.