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 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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87474449 TRITON AUTOMOTIVE GROUP(Standard Characters, see http://uspto.report/TM/87474449/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 036 for Automobile lease financing; Claims adjustment in the field of insurance; Extended warranty services, namely, service contracts; Financing relating to automobiles; Insurance administration services, namely, assisting others with adjusting insurance claims; Insurance claims processing in the field of extended vehicle warranty claims; Insurance consulting in the field of extended vehicle warranty insurance; Insurance services, namely, underwriting extended warranty contracts in the field of extended vehicle service contracts; Providing extended warranties on motor vehicles; Providing financing information in the field of automobiles; Providing information in the field of automobile financing; Providing lease financing for extended vehicle warranties; Reinsurance underwriting; Third-party extended warranty services, namely, vehicle service contracts on vehicles manufactured by others for mechanical breakdown and servicing; Warranty claims administration services, namely, processing warranty claims for extended vehicle service contracts
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 036, the mark was first used at least as early as 12/15/2018 and first used in commerce at least as early as 12/15/2018 .

Proposed: Class 036 for Automobile lease financing; Claims adjustment in the field of insurance; Extended warranty services, namely, service contracts; Financing relating to automobiles; Insurance administration services, namely, assisting others with adjusting insurance claims; Insurance claims processing in the field of extended vehicle warranty claims; Insurance consulting in the field of extended vehicle warranty insurance; Insurance services, namely, underwriting extended warranty contracts in the field of extended vehicle service contracts; Providing extended warranties on motor vehicles; Providing financing information in the field of automobiles; Providing information in the field of automobile financing; Providing lease financing for extended vehicle warranties; Reinsurance underwriting; Third-party extended warranty services, namely, vehicle service contracts on vehicles manufactured by others for mechanical breakdown and servicing; Warranty claims administration services, namely, processing warranty claims for extended vehicle service contracts

Deleted Filing Basis: 1(b)
In International Class 036, the mark was first used at least as early as 12/15/2018 . and first used in commerce at least as early as 12/15/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 036 . The specimen(s) submitted consists of screenshots showing the mark in connection with the services .
"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].
JPG file(s):
Specimen File1
Original PDF file:
SPU0-73161105129-20190805161036377505_._Specimen_1_TRITON_AUTOMOTIVE_GROUP__website_capture_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Mary Margaret L. O'Donnell. Mary Margaret L. O'Donnell of Blue Filament Law PLLC, is located at

      Suite 450
      700 E. Maple Road
      Birmingham, Michigan 48009
      US
The docket/reference number is TRIT-0003/US.

The phone number is 2484305770.

The email address is tmdocketing@bluefilamentlaw.com

The applicants proposed attorney information: Mary Margaret L. O'Donnell. Other appointed attorneys are Avery Goldstein, Briana Emerson and all attorneys associated with Customer Number 13173. Mary Margaret L. O'Donnell of Blue Filament Law PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Suite 450
      700 E. Maple Road
      Birmingham, Michigan 48009
      United States
The docket/reference number is TRIT-0003/US.

The phone number is 2484305770.

The email address is tmdocketing@bluefilamentlaw.com

Mary Margaret L. O'Donnell submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: Mary Margaret L. O'Donnell. Mary Margaret L. O'Donnell of Blue Filament Law PLLC, is located at

      Suite 450
      700 E. Maple Road
      Birmingham, Michigan 48009
      US
The docket/reference number is TRIT-0003/US.

The phone number is 2484305770.

The email address is tmdocketing@bluefilamentlaw.com

The applicants proposed correspondence information: Mary Margaret L. O'Donnell. Mary Margaret L. O'Donnell of Blue Filament Law PLLC, is located at

      Suite 450
      700 E. Maple Road
      Birmingham, Michigan 48009
      United States
The docket/reference number is TRIT-0003/US.

The phone number is 2484305770.

The email address is tmdocketing@bluefilamentlaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
In Response to the Office Action in which an issue was raised regarding the Statement of Use specimen, Applicant notes that that specimen consisted of a screen capture from Applicant's website, but that the additional information appearing on that website page was not included with that specimen. Applicant submits substitute specimens herewith showing the mark on promotional materials (including a website capture showing the entire page from Applicant's website), along with the relevant verified statement. Applicant requests that the substitute specimens showing Applicant's mark with the services be accepted and the application approved for registration.


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: /MMLO/      Date: 08/05/2019
Signatory's Name: Mary Margaret L. O'Donnell
Signatory's Position: Attorney of Record, Member Michigan Bar
Signatory's Phone Number: 248-430-5770


Response Signature
Signature: /MMLO/     Date: 08/05/2019
Signatory's Name: Mary Margaret L. O'Donnell
Signatory's Position: Attorney of Record, Member Michigan Bar

Signatory's Phone Number: 248-430-5770

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Mary Margaret L. O'Donnell
   Blue Filament Law PLLC
   Suite 450
   700 E. Maple Road
   Birmingham, Michigan 48009
Mailing Address:    Mary Margaret L. O'Donnell
   Blue Filament Law PLLC
   Suite 450
   700 E. Maple Road
   Birmingham, Michigan 48009
        
Serial Number: 87474449
Internet Transmission Date: Mon Aug 05 16:16:57 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908051616577
33116-87474449-6108df3fa20824e8ca05bce18
376191e63fc875f35f182ce94792f9a8a6dbb42b
9-N/A-N/A-20190805161036377505