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 07/31/2017)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87099402 SKAI(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/87099402/large) has been amended as follows:

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

Given the revisions to the list of services in Class 35, Applicant believes the cited registration should no longer serve as a bar to the present application and accordingly the Applicant respectfully requests that the Examining Attorney withdraw the 2(d) refusal.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for business administration services; business project management services for construction projects; negotiation and renegotiation for others of leases and subleases and real estate purchase agreements; providing business planning and marketing solutions for real estate professionals; providing real estate leads for prospective purchasers; real estate marketing services in the field of condominiums, apartments, luxury apartments, office space, and retail space; real estate marketing services; real estate sales management
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: business administration services; business project management services for construction projects; negotiation and renegotiation for others of leases and subleases and real estate purchase agreements; providing business marketing solutions for real estate professionals; providing business planning and marketing solutions for real estate professionals; providing real estate leads for prospective purchasers; real estate marketing services in the field of condominiums, apartments, luxury apartments, office space, and retail space; real estate marketing services; real estate sales managementClass 035 for business project management services for construction projects; negotiation and renegotiation for others of leases and subleases and real estate purchase agreements; providing business marketing solutions for real estate professionals; providing real estate leads for prospective purchasers; real estate marketing services in the field of condominiums, apartments, luxury apartments, office space, and retail space; real estate marketing services; real estate sales 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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant is presently filing a Request to Divide, so that the application may proceed to publication for Classes 36, 37, 42, and 43 while examination continues for the application in Class 35.


SIGNATURE(S)
Response Signature
Signature: /julie dalke/     Date: 04/10/2017
Signatory's Name: Julie Dalke
Signatory's Position: Attorney of record, CA 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: 87099402
Internet Transmission Date: Mon Apr 10 19:01:36 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201704101901364
54276-87099402-580c78653ca8c2bf48a885e06
f901e919d973e75cabac5a1b043c0e8cc13fafd-
N/A-N/A-20170410183241143644