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 No Form Number (Rev 01/2012)

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 No Form Number (Rev 01/2012)

OMB No. 0651-0050 (Exp 09/20/2020)

Substitute Certification Mark

To the Commissioner for Trademarks:

The following is submitted for application serial number. 87917995

FORM INFORMATION

APPLICANT INFORMATION

*OWNER OF MARK: ACT, Inc.

*STREET: 500 Act Drive

*CITY: Iowa City

*STATE: Iowa

*COUNTRY: United States

*ZIP/POSTAL CODE:52243

LEGAL ENTITY INFORMATION

TYPE: corporation

STATE/COUNTRY OF INCORPORATION: Iowa

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS: 035

*IDENTIFICATION

Providing an assessment-based credential which measures and certifies the essential work skills needed for success in jobs across multiple industries and occupations; advisory and consultancy services relating to workforce development programs.

FILING BASIS: SECTION 1(a)

FIRST USE ANYWHERE DATE: At least as early as 10/1/2006

FIRST USE IN COMMERCE DATE: At least as early as 10/1/2006

The Applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the certification mark in commerce by its authorized users on or 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/services that meet the certification standards of the applicant.

The certification mark, as used by persons authorized by the certifier, certifies that an individual has successfully demonstrated a level of competency as established by the certifier in the field of workplace skills.

A copy of the standards the applicant uses to certify the services is attached herewith, and support documents are also filed with the response to office action dated March 5, 2019, which are all of record. FORM FILE NAME(S)

Original PDF file:
ACT_Brochure_2019252931881.pdf
Converted PDF file(s) (3 pages)
Attachments-1
Attachments-2
Attachments-3

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that he/she is properly authorized to execute this application on behalf of applicant; he/she believes the applicant to be the owner of the certification mark sought to be registered and either: (1) 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 filing date of the application; or (2) if the application is being filed under 15 U.S.C. §§1051(b), 1126(d), or 1126(e), he/she believes the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce, and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the certification mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; the applicant is not engaged in, or 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; the facts set forth in the application are true and correct; to the best of his/her knowledge and belief, no other persons, firms, corporations, or associations, except authorized users, and, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other persons, firms, corporations, or associations to cause confusion, or to cause mistake, or to deceive; and that all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /MDK/      Date: 03/05/2019
Signatory's Name: Michelle D. Kahn
Signatory's Position: Attorney of Record, CA Bar Member

        
Serial Number: 87917995
Internet Transmission Date: Tue Mar 05 14:16:00 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201903051416008
86314-87917995-20190305140546673738-N/A-
N/A-20190305140546673738