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. 87883828 MYOPTIONS(Standard Characters, see http://uspto.report/TM/87883828/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 Providing computer software for use on all mediums, namely, mobile electronic devices and computers for use in research, identification and selection of higher education and vocational school choices in the educational and post-secondary markets; providing computer software for identification and selection of higher education and vocational school choices, namely, school match software for use by individuals seeking post-secondary opportunities, namely, individuals seeking colleges, college majors, careers, and scholarships; providing downloadable interactive software to individuals to enable the receipt of surveys and reports based on information that the individuals input where the inputted information is related to student opinions and choices for careers, college majors, scholarships and colleges
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing computer software for use on all mediums, namely, mobile electronic devices and computers for use in research, identification and selection of higher education and vocational school choices in the educational and post-secondary markets; computer software for use on all mediums, namely, mobile electronic devices and computers for use in research, identification and selection of higher education and vocational school choices in the educational and post-secondary education markets; providing computer software for identification and selection of higher education and vocational school choices, namely, school match software for use by individuals seeking post-secondary opportunities, namely, individuals seeking colleges, college majors, careers, and scholarships; computer software for identification and selection of higher education and vocational school choices, namely, school match software for use by individuals seeking post-secondary education opportunities in the nature of enrollment in colleges, selection of college majors, career advice, and scholarships; providing downloadable interactive software to individuals to enable the receipt of surveys and reports based on information that the individuals input where the inputted information is related to student opinions and choices for careers, college majors, scholarships and colleges; downloadable interactive software to individuals to enable the receipt of surveys and reports based on information that the individuals input where the inputted information is related to student opinions and choices for careers, college majors, scholarships and collegesClass 009 for computer software for use on all mediums, namely, mobile electronic devices and computers for use in research, identification and selection of higher education and vocational school choices in the educational and post-secondary education markets; computer software for identification and selection of higher education and vocational school choices, namely, school match software for use by individuals seeking post-secondary education opportunities in the nature of enrollment in colleges, selection of college majors, career advice, and scholarships; downloadable interactive software to individuals to enable the receipt of surveys and reports based on information that the individuals input where the inputted information is related to student opinions and choices for careers, college majors, scholarships and colleges
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed materials, namely, mailers in the nature of postcards, brochures, white papers in the field of post-secondary opportunity placements; survey fulfillment packages, namely, written surveys and assessments in the field of post-secondary education; printed educator questionnaires; printed educational instruction sheets for use in assessments in the field of post-secondary education; printed postcards and other printed materials
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Printed materials, namely, mailers in the nature of postcards, brochures, white papers in the field of post-secondary opportunity placements; Printed materials, namely, mailers in the nature of postcards, brochures, and white papers being printed reports in the field of post-secondary education placement opportunities and career opportunities; survey fulfillment packages, namely, written surveys and assessments in the field of post-secondary education; survey fulfillment packages, namely, written surveys and assessments in the field of post-secondary education opportunities and career opportunities; printed educator questionnaires; printed educator questionnaires regarding post-secondary education opportunities and career opportunities; printed educational instruction sheets for use in assessments in the field of post-secondary education; printed educational instruction sheets for use in assessments in the field of post-secondary education opportunities and career opportunities; printed postcards and other printed materials; printed postcards, other printed materials, namely instruction sheets, and record update formsClass 016 for Printed materials, namely, mailers in the nature of postcards, brochures, and white papers being printed reports in the field of post-secondary education placement opportunities and career opportunities; survey fulfillment packages, namely, written surveys and assessments in the field of post-secondary education opportunities and career opportunities; printed educator questionnaires regarding post-secondary education opportunities and career opportunities; printed educational instruction sheets for use in assessments in the field of post-secondary education opportunities and career opportunities; printed postcards, other printed materials, namely instruction sheets, and record update forms
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Consumer survey services, namely, administering surveys to and collecting information from individuals regarding education, personal and professional development through various printed and digital mediums, namely, mobile phone networks and websites; providing student enrollment projection information to secondary and postsecondary institutions, educational organizations and companies, recruiters and youth service providers based on data collected from individuals; consumer survey services, namely, administering educator questionnaires to collect information pertaining to teaching and educator opinions
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Consumer survey services, namely, administering surveys to and collecting information from individuals regarding education, personal and professional development through various printed and digital mediums, namely, mobile phone networks and websites; Consumer survey services, namely, administering surveys to and collecting information from individuals regarding education and personal and professional development through various printed and digital mediums in the nature of mobile phone networks and websites; providing student enrollment projection information to secondary and postsecondary institutions, educational organizations and companies, recruiters and youth service providers based on data collected from individuals; providing student enrollment projection information to secondary and post-secondary educational institutions, educational organizations and companies, academic and employment recruiters and youth service providers based on data collected from individuals; consumer survey services, namely, administering educator questionnaires to collect information pertaining to teaching and educator opinionsClass 035 for Consumer survey services, namely, administering surveys to and collecting information from individuals regarding education and personal and professional development through various printed and digital mediums in the nature of mobile phone networks and websites; providing student enrollment projection information to secondary and post-secondary educational institutions, educational organizations and companies, academic and employment recruiters and youth service providers based on data collected from individuals; consumer survey services, namely, administering educator questionnaires to collect information pertaining to teaching and educator opinions
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing educational assessment programs and services; providing information relating to educational services in the fields of college preparation, vocational studies, careers, scholarships, college majors, transfer options, military scholarships, athletics, and gap year programs by means of a mobile application and website; providing information over a global computer network in the field of education and post-secondary opportunities, namely, information related to searching for and selecting a college or graduate school and information related to attending college or graduate school; providing an on-line database containing information about colleges and graduate schools that is useful to prospective students, their parents, and others; providing an online database containing information about admissions to specific colleges and graduate schools, information about college majors and degrees offered by specific colleges and graduate schools, and information about student life at specific colleges and graduate schools; providing an on-line database containing information about scholarship opportunities available to prospective students; providing a website providing information on college selection, campus information and tours, completing admissions applications, preparation for college admission interviews, choosing courses and a major; educational services, namely, providing vocational guidance regarding college majors and careers; providing an on-line computer database with information relating to colleges and universities, college majors, college careers and scholarships to assist students in finding colleges and universities and completing the application process; providing information relating to education services in the nature of reports, papers and surveys for individuals in the education vertical; providing information relating to education services to individuals about various secondary and post-secondary educational opportunities including, post-secondary educational institutions, careers, scholarships, college majors, transfer options, the military, athletic options, gap year programs, employers and youth service opportunities; providing educational resources in various fields of post-secondary opportunities, namely, educational assessments services, business training, business planning, and training in the field of professional development through online mediums, namely, mobile phone networks and websites; providing on-line computer information about secondary and post-secondary placement and higher education resources relating to career choices, college majors, college and scholarship information; providing online and paper materials, namely, mailers in the nature of brochures, pamphlets, fliers, survey questionnaires, and white papers all in the field of secondary and post-secondary placement, and higher education; providing information relating to education services in the nature of reports to educators, principals, superintendents with information received from student surveys and educator questionnaires
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing educational assessment programs and services; providing information relating to educational services in the fields of college preparation, vocational studies, careers, scholarships, college majors, transfer options, military scholarships, athletics, and gap year programs by means of a mobile application and website; providing information relating to higher education resources related to college preparation, vocational studies, careers, scholarships, college majors, transfer options, military scholarships, athletics, and gap year programs by means of a mobile application and website; providing information over a global computer network in the field of education and post-secondary opportunities, namely, information related to searching for and selecting a college or graduate school and information related to attending college or graduate school; providing information over a global computer network in the field of education and post-secondary education opportunities, namely, information related to searching for and selecting a college or graduate school and information related to attending college or graduate school; providing an on-line database containing information about colleges and graduate schools that is useful to prospective students, their parents, and others; providing an on-line database containing information about colleges and graduate schools that is useful to prospective students, their parents, and others, namely, information in the field of college admissions, specifically, college selection, completing admissions applications, and preparation for college admission interviews; providing an online database containing information about admissions to specific colleges and graduate schools, information about college majors and degrees offered by specific colleges and graduate schools, and information about student life at specific colleges and graduate schools; providing an on-line database containing information about scholarship opportunities available to prospective students; providing a website providing information on college selection, campus information and tours, completing admissions applications, preparation for college admission interviews, choosing courses and a major; educational services, namely, providing vocational guidance regarding college majors and careers; providing an on-line computer database with information relating to colleges and universities, college majors, and college career guidance to assist students in finding colleges and universities and completing the application process; providing an on-line computer database with information relating to colleges and universities, college majors, college careers and scholarships to assist students in finding colleges and universities and completing the application process; providing information relating to education services in the nature of reports, papers and surveys for individuals in the education vertical; providing information relating to higher education resources to individuals about various secondary and post-secondary educational opportunities, namely, providing information about higher education resources related to post-secondary educational institutions, careers, scholarships, college majors, transfer options, the military, athletic options, gap year programs, employers and youth service opportunities; providing information relating to education services to individuals about various secondary and post-secondary educational opportunities including, post-secondary educational institutions, careers, scholarships, college majors, transfer options, the military, athletic options, gap year programs, employers and youth service opportunities; providing educational resources in various fields of post-secondary education opportunities, namely, the provision of educational assessments services, the provision of training in the field of business planning, the provision of business training, and the provision of training in the field of professional development through online mediums in the nature of mobile phone networks and websites; providing educational resources in various fields of post-secondary opportunities, namely, educational assessments services, business training, business planning, and training in the field of professional development through online mediums, namely, mobile phone networks and websites; providing on-line computer information about secondary and post-secondary education placement and higher education resources relating to career choices, college majors, college and scholarship information; providing on-line computer information about secondary and post-secondary placement and higher education resources relating to career choices, college majors, college and scholarship information; providing information relating to education services in the nature of reports to educators, principals, superintendents with information received from student surveys and educator questionnaires; providing online and paper materials, namely, mailers in the nature of brochures, pamphlets, fliers, survey questionnaires, and white papers all in the field of secondary and post-secondary placement, and higher educationClass 041 for Providing educational assessment programs and services; providing information relating to higher education resources related to college preparation, vocational studies, careers, scholarships, college majors, transfer options, military scholarships, athletics, and gap year programs by means of a mobile application and website; providing information over a global computer network in the field of education and post-secondary education opportunities, namely, information related to searching for and selecting a college or graduate school and information related to attending college or graduate school; providing an on-line database containing information about colleges and graduate schools that is useful to prospective students, their parents, and others, namely, information in the field of college admissions, specifically, college selection, completing admissions applications, and preparation for college admission interviews; providing an online database containing information about admissions to specific colleges and graduate schools, information about college majors and degrees offered by specific colleges and graduate schools, and information about student life at specific colleges and graduate schools; providing a website providing information on college selection, campus information and tours, completing admissions applications, preparation for college admission interviews, choosing courses and a major; educational services, namely, providing vocational guidance regarding college majors and careers; providing an on-line computer database with information relating to colleges and universities, college majors, and college career guidance to assist students in finding colleges and universities and completing the application process; providing information relating to education services in the nature of reports, papers and surveys for individuals in the education vertical; providing information relating to higher education resources to individuals about various secondary and post-secondary educational opportunities, namely, providing information about higher education resources related to post-secondary educational institutions, careers, scholarships, college majors, transfer options, the military, athletic options, gap year programs, employers and youth service opportunities; providing educational resources in various fields of post-secondary education opportunities, namely, the provision of educational assessments services, the provision of training in the field of business planning, the provision of business training, and the provision of training in the field of professional development through online mediums in the nature of mobile phone networks and websites; providing on-line computer information about secondary and post-secondary education placement and higher education resources relating to career choices, college majors, college and scholarship information; providing information relating to education services in the nature of reports to educators, principals, superintendents with information received from student surveys and educator questionnaires
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 036 for Providing an on-line database containing information about scholarship opportunities available to prospective students; providing an on-line computer database with information relating to college scholarships to assist students in finding colleges and universities and completing the application process
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/01/2017 and first used in commerce at least as early as 09/11/2017 , and is now in use in such commerce.

The applicant's current attorney information: Jess M. Collen. Jess M. Collen of Collen IP Intellectual Property Law, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 South Highland Avenue
      Ossining, New York 10562
      US

The phone number is 914-941-5668.

The email address is trademark@collenip.com

The applicants proposed attorney information: Jess M. Collen. Other appointed attorneys are Audra Kemp. Jess M. Collen of Collen IP Intellectual Property Law, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 South Highland Avenue
      Ossining, New York 10562
      United States

The phone number is 914-941-5668.

The email address is trademark@collenip.com

Jess M. Collen submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: Jess M. Collen. Jess M. Collen of Collen IP Intellectual Property Law, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 South Highland Avenue
      Ossining, New York 10562
      US

The phone number is 914-941-5668.

The email address is trademark@collenip.com; tmcollen@collenip.com

The applicants proposed correspondence information: Jess M. Collen. Jess M. Collen of Collen IP Intellectual Property Law, P.C., is located at

      THE HOLYOKE-MANHATTAN BUILDING
      80 South Highland Avenue
      Ossining, New York 10562
      United States
The docket/reference number is Y247.

The phone number is 914-941-5668.

The email address is trademark@collenip.com; tmcollen@collenip.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /audra kemp/     Date: 08/22/2019
Signatory's Name: Audra Kemp
Signatory's Position: Senior Associate Attorney, Collen IP, NY State Bar member

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:    Jess M. Collen
   Collen IP Intellectual Property Law, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 South Highland Avenue
   Ossining, New York 10562
Mailing Address:    Jess M. Collen
   Collen IP Intellectual Property Law, P.C.
   THE HOLYOKE-MANHATTAN BUILDING
   80 South Highland Avenue
   Ossining, New York 10562
        
RAM Sale Number: 87883828
RAM Accounting Date: 08/22/2019
        
Serial Number: 87883828
Internet Transmission Date: Thu Aug 22 14:02:23 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190822140223479
913-87883828-610b45d3e95ac2b546f6589cefd
e7d9e02a6ae4d284def28d3d2abbef3a60f0e0bf
-CC-02227794-20190822134308518625