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 |
87682658 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87682658/mark.png |
LITERAL ELEMENT |
OBERLO |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a black square with a sales tag-shape in the center followed by the word Oberlo. |
LEGAL ENTITY SECTION (current) |
TYPE |
COMPANY |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Lithuania |
LEGAL ENTITY SECTION (proposed) |
TYPE |
private limited liability company |
STATE/COUNTRY WHERE LEGALLY ORGANIZED |
Lithuania |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
software for web and mobile devices for use in e-commerce and the retail industry, namely, software for supply chain management and
drop shipping; software for web and mobile devices for use in e-commerce and the retail industry to allow users to perform business management via a global computer network, namely, product pricing
automation, order fulfillment, shipment tracking, database management, sales and customer tracking and inventory customization and management; computer software, recorded; computer software
applications, downloadable |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017430018 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2017 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Software for web and mobile devices for use in e-commerce and the retail industry, namely, software for supply chain
management and drop shipping; software for web and mobile devices for use in e-commerce and the retail industry to allow users to perform business management via a global
computer network, namely, product pricing automation, order fulfillment, shipment tracking, database management, sales and customer tracking and inventory customization and management;
computer software, recorded; computer software applications, downloadable |
FINAL DESCRIPTION |
Software for web and mobile devices for use in e-commerce and the retail industry, namely, software for supply chain management and
drop shipping; software for web and mobile devices for use in e-commerce and the retail industry to allow users to perform business management via a global computer network, namely, product pricing
automation, order fulfillment, shipment tracking, database management, sales and customer tracking and inventory customization and management |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017430018 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2017 |
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. |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
business management services relating to supply chain management; business management services relating to drop shipping; business
management and marketing consultation; business management services for online stores; business marketing consultation; business management consultancy; business management assistance; marketing;
provision of an on-line marketplace for buyers and sellers of goods and services; providing business information via a web site |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017430018 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2017 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Business management services relating to supply chain management; business management
services relating to drop shipping; business management and marketing consultation; business management services for online stores;
business marketing consultation; business management consultancy; business management assistance; marketing; marketing services; provision of an on-line marketplace for buyers and sellers of goods and
services; provision of an online marketplace for buyers and sellers of goods and services; providing business information
via a web site; providing business information via a website |
FINAL DESCRIPTION |
Business management services relating to supply chain management; business management services relating to drop shipping; business
management and marketing consultation; business management services for online stores; business marketing consultation; business management consultancy; business management assistance; marketing
services; provision of an online marketplace for buyers and sellers of goods and services; providing business information via a website |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017430018 |
FOREIGN APPLICATION COUNTRY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/02/2017 |
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. |
GOODS AND/OR SERVICES SECTION (039)(no change) |
GOODS AND/OR SERVICES SECTION (042)(no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Examining Attorney has requested clarification of the entity type. Applicant notes that UAB identifies a private limited liability company
under Lithuanian law, and has modified the entity type to reflect the same. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Chris R. Stanton/ |
SIGNATORY'S NAME |
Christopher R Stanton |
SIGNATORY'S POSITION |
Attorney of record, Colorado bar member |
SIGNATORY'S PHONE NUMBER |
303-357-1647 |
DATE SIGNED |
06/27/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Jun 27 14:40:24 EDT 2018 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0180627144024541701-87682
658-6108aa4a569ed44dd3ff5
fab11265cd58cdd2b51fb7da9
d2a757c7975c3887b7-N/A-N/
A-20180627142048132797 |
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.
87682658 OBERLO (Stylized and/or with Design, see http://uspto.report/TM/87682658/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 009 for software for web and mobile devices for use in e-commerce and the retail industry, namely, software for supply chain management and drop shipping; software for web and
mobile devices for use in e-commerce and the retail industry to allow users to perform business management via a global computer network, namely, product pricing automation, order fulfillment,
shipment tracking, database management, sales and customer tracking and inventory customization and management; computer software, recorded; computer software applications, downloadable
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 017430018 filed 11/02/2017]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Software for web and mobile devices for use in e-commerce and the retail industry, namely, software for supply chain management and drop
shipping;
software for web and mobile devices for use in e-commerce and the retail industry to allow users to perform business management via a global computer network,
namely, product pricing automation, order fulfillment, shipment tracking, database management, sales and customer tracking and inventory customization and management;
computer software, recorded;
computer software applications, downloadableClass 009 for Software for web and mobile devices for use in e-commerce
and the retail industry, namely, software for supply chain management and drop shipping; software for web and mobile devices for use in e-commerce and the retail industry to allow users to perform
business management via a global computer network, namely, product pricing automation, order fulfillment, shipment tracking, database management, sales and customer tracking and inventory
customization and management
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 017430018 filed
11/02/2017]. 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 035 for business management services relating to supply chain management; business management services relating to drop shipping; business management and marketing consultation;
business management services for online stores; business marketing consultation; business management consultancy; business management assistance; marketing; provision of an on-line marketplace for
buyers and sellers of goods and services; providing business information via a web site
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 017430018 filed 11/02/2017]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Business management services relating to supply chain management;
business management services relating to drop
shipping;
business management and marketing consultation;
business management services for online stores;
business
marketing consultation;
business management consultancy;
business management assistance;
marketing;
marketing services;
provision of an on-line marketplace for buyers and sellers of goods and services;
provision of an online marketplace for buyers and sellers of goods and services;
providing business information via a web site;
providing business information via a websiteClass 035 for Business management services relating to supply chain management; business management services relating to drop
shipping; business management and marketing consultation; business management services for online stores; business marketing consultation; business management consultancy; business management
assistance; marketing services; provision of an online marketplace for buyers and sellers of goods and services; providing business information via a website
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 017430018 filed
11/02/2017]. 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 AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Oberlo UAB, a company legally organized under the laws of LITHUANIA, having an address of
Svitrigailos, Str. 11A
Vilnius,
Lithuania
Proposed: Oberlo UAB, private limited liability company legally organized under the laws of Lithuania, having an address of
Svitrigailos, Str. 11A
Vilnius,
Lithuania
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has requested clarification of the entity type. Applicant notes that UAB identifies a private limited liability company under Lithuanian law, and has modified the entity type
to reflect the same.
SIGNATURE(S)
Response Signature
Signature: /Chris R. Stanton/ Date: 06/27/2018
Signatory's Name: Christopher R Stanton
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 303-357-1647
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: 87682658
Internet Transmission Date: Wed Jun 27 14:40:24 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2018062714402454
1701-87682658-6108aa4a569ed44dd3ff5fab11
265cd58cdd2b51fb7da9d2a757c7975c3887b7-N
/A-N/A-20180627142048132797