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. 87566001 NEO (Stylized and/or with Design, see http://uspto.report/TM/87566001/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section

EVIDENCE

Original PDF file:
evi_104129196195-20180514154803800467_._NEO_ROA.pdf
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing English and foreign language instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and/or schools specializing in English and foreign languages
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: Educational services, namely, providing English and foreign language instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and/or schools specializing in English and foreign languages; Educational services, namely, providing English and foreign language instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and schools specializing in English and foreign languagesClass 041 for Educational services, namely, providing English and foreign language instruction services and educational services in the nature of correspondence and vocational schools, private language schools, and schools specializing in English and foreign languages
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.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_104129196195-154803800_._PoA_-_USA.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Hoa Tran
Signatory's Position: CEO

Response Signature
Signature: /David J. Davis/     Date: 05/14/2018
Signatory's Name: David J. Davis
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 312-861-8019

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: 87566001
Internet Transmission Date: Mon May 14 16:59:02 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20180514165902
575333-87566001-610c601a17f3c5bf0bc46544
ef39b9cbf5302c7ac74a9e3627dc61cefe46a0b1
-N/A-N/A-20180514154803800467