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. 87671325 OPTIMA(Standard Characters, see http://uspto.report/TM/87671325/mark.png) has been amended as follows:

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

See response and exhibits attached in Evidence section.

EVIDENCE
Evidence in the nature of response arguments and exhibits has been attached.
Original PDF file:
evi_845141254-20180817183416916678_._OPTIMA_-_response_to_office_action_-_for_submission_-_v2.pdf
Converted PDF file(s) ( 63 pages)
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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 035 for Advertising, marketing and sales promotion; organizational inventory management, also computer-assisted; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, of machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and in particular of used, overhauled and refurbished machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products, all aforementioned machines, equipment and components thereof also used, overhauled and refurbished; all aforementioned services not for use in measuring technology
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.

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[ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Advertising, marketing and sales promotion; organizational inventory management, also computer-assisted; organizational inventory management; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, of machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and in particular of used, overhauled and refurbished machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products, all aforementioned machines, equipment and components thereof also used, overhauled and refurbished; trading, also via the Internet, namely, operating a marketplace where others may negotiate transactions for used, overhauled and refurbished packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology; all aforementioned services not for use in measuring technology.Class 035 for Advertising, marketing and sales promotion; organizational inventory management; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; trading, also via the Internet, namely, operating a marketplace where others may negotiate transactions for used, overhauled and refurbished packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

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 [ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Construction work, installation work, repair work, reconstruction work, overhauling work, servicing work and maintenance work; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
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.

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[ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Construction work, installation work, repair work, reconstruction work, overhauling work, servicing work and maintenance work; Construction, installation, repair, reconstruction, overhauling, servicing and maintenance of machines, equipment and components, namely packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.; all aforementioned services not for use in measuring technologyClass 037 for Construction, installation, repair, reconstruction, overhauling, servicing and maintenance of machines, equipment and components, namely packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

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 [ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Instruction and further training; planning, arranging and conducting of seminars, workshops, symposiums, conferences; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
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.

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[ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Instruction and further training; Instruction and further training namely, the planning, arranging and conducting of seminars, workshops, educational symposiums, and educational conferences on the subject of safety, operation, repair of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; planning, arranging and conducting of seminars, workshops, symposiums, conferences; all aforementioned services not for use in measuring technology.; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technologyClass 041 for Instruction and further training namely, the planning, arranging and conducting of seminars, workshops, educational symposiums, and educational conferences on the subject of safety, operation, repair of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

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 [ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for IT services, in particular development, programming and implementation of software, development of computer hardware, services in IT consulting, IT enquiry and IT information, services in IT security, IT protection and IT restoration (software); IT services, in particular research and development and implementation of computers and computer systems, computer services, technological services related to computers, computer network services, updating of memory banks of computer systems, monitoring of computer systems by remote access; scientific and technological services; providing technical information; technical consulting; technical monitoring and inspection; monitoring and optimizing of industrial procedures; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology
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.

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[ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: IT services, in particular development, programming and implementation of software, development of computer hardware, services in IT consulting, IT enquiry and IT information, services in IT security, IT protection and IT restoration (software); IT services, in particular development, programming and implementation of software, development of computer hardware; IT services, in particular research and development and implementation of computers and computer systems, computer services, technological services related to computers, computer network services, updating of memory banks of computer systems, monitoring of computer systems by remote access; IT services, in particular research and development and implementation of computers and computer systems, namely, monitoring of computer systems by remote access; scientific and technological services; providing technical information on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; providing technical information; technical consulting on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical consulting; technical monitoring and inspection services, namely, monitoring and inspection of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical monitoring and inspection; monitoring and optimizing of industrial procedures, namely, procedures relating to packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; monitoring and optimizing of industrial procedures; all aforementioned services not for use in measuring technology.; all aforementioned services related to machines, equipment and components thereof for packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating, and related to machines, equipment and components thereof for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technologyClass 042 for IT services, in particular development, programming and implementation of software, development of computer hardware; IT services, in particular research and development and implementation of computers and computer systems, namely, monitoring of computer systems by remote access; providing technical information on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical consulting on packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; technical monitoring and inspection services, namely, monitoring and inspection of packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; monitoring and optimizing of industrial procedures, namely, procedures relating to packaging, metering, filling, sealing, labelling, freeze-drying, sterilizing and decontaminating machines, equipment and components and machines, equipment and components for producing medical, medico-technical, pharmaceutical and diagnostic products; all aforementioned services not for use in measuring technology.
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.

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 [ European Union Trademark - EUTM application number 016684151 filed 05/05/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Response Signature
Signature: /Jordan R. Downham/     Date: 08/17/2018
Signatory's Name: Jordan R. Downham
Signatory's Position: Associate Attorney, Quarles & Brady LLP, Indiana Bar Member

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: 87671325
Internet Transmission Date: Fri Aug 17 18:37:12 EDT 2018
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20180817183712783
401-87671325-610f1b4cac6fc32a1befad70a64
99b84e47dfffd255a575ffb7a880a5352857e7-N
/A-N/A-20180817183416916678