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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87506076 |
LAW OFFICE ASSIGNED |
LAW OFFICE 111 |
MARK SECTION |
MARK |
http://uspto.report/TM/87506076/mark.png |
LITERAL ELEMENT |
VANGUARD |
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 has removed its entire goods under International Class 26. |
GOODS AND/OR SERVICES SECTION (026)(class deleted) |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic
transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over
global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video- on-demand service; satellite
communication services; telecommunications gateway services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1345873 |
FOREIGN APPLICATION COUNTRY |
Benelux |
FOREIGN FILING DATE |
01/03/2017 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Telecommunication services; Telecommunication services, namely,
telecommunication access services, digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication
services and, providing multiple-user access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless
communication networks, and the Internet; communication services for the electronic transmission of voices; communication
services, namely, electronic transmission of voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information
services networks and data networks, electronic transmission of data and documents among users of computers; transmission of data; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data, audio, video and
multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; transmission
of data, audio, video and multimedia files; television programme broadcasting; simulcasting broadcast television over global
communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video-
on-demand service; provision of telecommunication access to video and audio content provided via an online video-on-demand service; satellite communication services; telecommunications gateway services |
FINAL DESCRIPTION |
Telecommunication services, namely, telecommunication access services, digital network telecommunications services, transmission of
webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network, transmission of voice,
data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services, namely, electronic transmission of voices,
transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks, electronic
transmission of data and documents among users of computers; electronic transmission of images, photographs, graphic images and illustrations over a global computer network; transmission of data,
audio, video and multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; television programme broadcasting;
simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online
video-on-demand service; satellite communication services; telecommunications gateway services |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1345873 |
FOREIGN APPLICATION COUNTRY |
Benelux |
FOREIGN FILING DATE |
01/03/2017 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant's foreign application has not yet matured into a registration in the applicant's country of origin. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ Jonathan G. Morton / |
SIGNATORY'S NAME |
Jonathan G. Morton |
SIGNATORY'S POSITION |
Attorney of record, New York bar member |
SIGNATORY'S PHONE NUMBER |
212-666-5000 |
DATE SIGNED |
03/19/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 19 23:41:03 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XX-2
0180319234103031100-87506
076-5105d51f692ec22484b01
b99bd2b613ed3c8bbf946b4c6
52d0b6974a2c1c5084ba-N/A-
N/A-20180319233501774147 |
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.
87506076 VANGUARD(Standard Characters, see http://uspto.report/TM/87506076/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant has removed its entire goods under International Class 26.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 026 for Lace; ribbons; braid; buttons; hooks and eyes; pins; needles; artificial flowers; embroidery
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunication services; communication services for the electronic transmission of voices; transmission of data; electronic transmission of images, photographs,
graphic images and illustrations over a global computer network; transmission of data, audio, video and multimedia files; simulcasting broadcast television over global communication networks, the
Internet and wireless networks; provision of telecommunication access to video and audio content provided via an online video- on-demand service; satellite communication services; telecommunications
gateway services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Benelux application number 1345873 filed 01/03/2017]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Telecommunication services;
Telecommunication services, namely, telecommunication access services,
digital network telecommunications services, transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user
access to a global computer network, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet;
communication services for the electronic transmission of voices;
communication services, namely, electronic transmission of
voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks, electronic
transmission of data and documents among users of computers;
transmission of data;
electronic transmission of images, photographs,
graphic images and illustrations over a global computer network;
transmission of data, audio, video and multimedia files by telecommunications networks,
wireless communication networks, the Internet, information services networks and data networks;
transmission of data, audio, video and multimedia files;
television programme broadcasting;
simulcasting broadcast television over global communication networks, the Internet and wireless
networks;
provision of telecommunication access to video and audio content provided via an online video- on-demand service;
provision of telecommunication access to video and audio content provided via an online video-on-demand service;
satellite communication services;
telecommunications gateway servicesClass 038 for Telecommunication services, namely, telecommunication access services, digital network telecommunications services,
transmission of webcasts and podcasts, providing electronic message alerts via the internet, personal communication services and, providing multiple-user access to a global computer network,
transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet; communication services, namely, electronic
transmission of voices, transmission of voice, audio, visual images and data by telecommunications networks, wireless communication networks, the Internet, information services networks and data
networks, electronic transmission of data and documents among users of computers; electronic transmission of images, photographs, graphic images and illustrations over a global computer network;
transmission of data, audio, video and multimedia files by telecommunications networks, wireless communication networks, the Internet, information services networks and data networks; television
programme broadcasting; simulcasting broadcast television over global communication networks, the Internet and wireless networks; provision of telecommunication access to video and audio content
provided via an online video-on-demand service; satellite communication services; telecommunications gateway services
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Benelux application number 1345873 filed 01/03/2017]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant's foreign application has not yet matured into a registration in the applicant's country of origin.
SIGNATURE(S)
Response Signature
Signature: / Jonathan G. Morton / Date: 03/19/2018
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 212-666-5000
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.
Serial Number: 87506076
Internet Transmission Date: Mon Mar 19 23:41:03 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2018031923410303
1100-87506076-5105d51f692ec22484b01b99bd
2b613ed3c8bbf946b4c652d0b6974a2c1c5084ba
-N/A-N/A-20180319233501774147