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. 88009259 CMU(Standard Characters, see http://uspto.report/TM/88009259/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Exhibit A has been attached.
Original PDF file:
evi_1744721010-20190322101943329382_._9-US_-_2019-03-22_-_Response_to_Office_Action_-_CMU_88009259.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_1-1744721010-20190322101943329382_._Exhibit_A.pdf
Converted PDF file(s) ( 30 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 006 for metal key chains, key tags, and money clips

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for magnetically-encoded credit cards, magnetically-encoded debit cards, computer game cassettes, computer game discs, computer game joy sticks, computer game programs, computer game software, computer game tapes
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: magnetically-encoded credit cards, magnetically-encoded debit cards, computer game cassettes, computer game discs, computer game joy sticks, computer game programs, computer game software, computer game tapes; magnetically-encoded credit cards; magnetically-encoded debit cards; computer game cassettes; computer game discs; computer game programs; computer game software; computer game tapesClass 009 for magnetically-encoded credit cards; magnetically-encoded debit cards; computer game cassettes; computer game discs; computer game programs; computer game software; computer game tapes
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for jewelry and clocks
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: jewelry and clocks; metal key chainsClass 014 for jewelry and clocks; metal key chains
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for paper goods and printed matter, namely, brochures, newspapers, journals, bulletins, programs, catalogs, printed instructional, education, and teaching materials, books and magazines relating to general news, business, political, educational, sports, travel, and alumni affairs issues, year books, class albums, media guides, *telephone* and address directories, registers, namely, books for receiving record entries, stationery, notebooks, stationery-type portfolios, binders, book covers, book ends, calendars, greeting cards, announcement cards, postcards, folders, wrapping paper, notecards, notepads, pocket and desk diaries, date books, appointment books, desk pads, memo pads, scrap books, paper weights, pen and/or pencil holders, address books, printed awards, diplomas, diploma covers, business cards, stickers, bumper stickers, letter openers, personal organizers, photographic prints, art prints, printed paper signs, paper banners, checkbook covers and holders, pencils, pens, decals, paper napkins, credit cards without magnetic coding, debit cards without magnetic coding, and rubber stamps
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: paper goods and printed matter, namely, brochures, newspapers, journals, bulletins, programs, catalogs, printed instructional, education, and teaching materials, books and magazines relating to general news, business, political, educational, sports, travel, and alumni affairs issues, year books, class albums, media guides, *telephone* and address directories, registers, namely, books for receiving record entries, stationery, notebooks, stationery-type portfolios, binders, book covers, book ends, calendars, greeting cards, announcement cards, postcards, folders, wrapping paper, notecards, notepads, pocket and desk diaries, date books, appointment books, desk pads, memo pads, scrap books, paper weights, pen and/or pencil holders, address books, printed awards, diplomas, diploma covers, business cards, stickers, bumper stickers, letter openers, personal organizers, photographic prints, art prints, printed paper signs, paper banners, checkbook covers and holders, pencils, pens, decals, paper napkins, credit cards without magnetic coding, debit cards without magnetic coding, and rubber stamps; paper goods and printed matter, namely, brochures, newspapers, journals, bulletins, programs, catalogs, printed instructional, education, and teaching materials, and books and magazines, all relating to general news, business, political, educational, sports, travel, and alumni affairs issues; school year books; media guides in the nature of athletic teams and event programs; telephone and address directories; registers, namely, books for receiving record entries; stationery; notebooks; stationery-type portfolios; binders; book covers; book ends; calendars; greeting cards; announcement cards; postcards; folders; wrapping paper; notecards; notepads; pocket and desk diaries; date books; appointment books; desk pads; memo pads; scrap books; paper weights; pen and/or pencil holders; address books; printed awards; printed diplomas; diploma covers in the nature of document covers; business cards; stickers; bumper stickers; letter openers; personal organizers; photographic prints; art prints; printed paper signs; paper banners; checkbook covers and holders; pencils; pens; decals; paper napkins; credit cards without magnetic coding; debit cards without magnetic coding; and rubber stamps; paper tablecloths; money clipsClass 016 for paper goods and printed matter, namely, brochures, newspapers, journals, bulletins, programs, catalogs, printed instructional, education, and teaching materials, and books and magazines, all relating to general news, business, political, educational, sports, travel, and alumni affairs issues; school year books; media guides in the nature of athletic teams and event programs; telephone and address directories; registers, namely, books for receiving record entries; stationery; notebooks; stationery-type portfolios; binders; book covers; book ends; calendars; greeting cards; announcement cards; postcards; folders; wrapping paper; notecards; notepads; pocket and desk diaries; date books; appointment books; desk pads; memo pads; scrap books; paper weights; pen and/or pencil holders; address books; printed awards; printed diplomas; diploma covers in the nature of document covers; business cards; stickers; bumper stickers; letter openers; personal organizers; photographic prints; art prints; printed paper signs; paper banners; checkbook covers and holders; pencils; pens; decals; paper napkins; credit cards without magnetic coding; debit cards without magnetic coding; and rubber stamps; paper tablecloths; money clips
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 018 for tote bags, backpacks, all purpose athletic bags, sports bags, duffel bags, handbags, bookbags, pocketbooks, school bags, traveling bags, luggage, umbrellas, and umbrella covers
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: tote bags, backpacks, all purpose athletic bags, sports bags, duffel bags, handbags, bookbags, pocketbooks, school bags, traveling bags, luggage, umbrellas, and umbrella covers; tote bags; backpacks; all purpose athletic bags; sports bags; duffel bags; handbags; bookbags; pocketbooks; school bags; traveling bags; luggage, umbrellas; and umbrella coversClass 018 for tote bags; backpacks; all purpose athletic bags; sports bags; duffel bags; handbags; bookbags; pocketbooks; school bags; traveling bags; luggage, umbrellas; and umbrella covers
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for furniture, namely, chairs; mirrors, picture frames, seat cushions
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: furniture, namely, chairs; mirrors, picture frames, seat cushions; mirrors; picture frames; seat cushionsClass 020 for furniture, namely, chairs; mirrors; picture frames; seat cushions
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 021 for coffee cups, mugs, drinking glasses, plates, bowls, containers for food or beverages, portable coolers, wastepaper baskets, bottle openers, corkscrews, coasters not of paper and not being table linen, vases, salt and pepper shakers, and serving trays not of precious metal
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: coffee cups, mugs, drinking glasses, plates, bowls, containers for food or beverages, portable coolers, wastepaper baskets, bottle openers, corkscrews, coasters not of paper and not being table linen, vases, salt and pepper shakers, and serving trays not of precious metal; coffee cups; mugs; drinking glasses; plates; bowls; insulated containers for food or beverages; household containers for foods; non-electric portable coolers; wastepaper baskets; bottle openers; corkscrews; coasters not of paper or textile vases; salt and pepper shakers; and serving trays not of precious metalClass 021 for coffee cups; mugs; drinking glasses; plates; bowls; insulated containers for food or beverages; household containers for foods; non-electric portable coolers; wastepaper baskets; bottle openers; corkscrews; coasters not of paper or textile vases; salt and pepper shakers; and serving trays not of precious metal
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 024 for bed linens, namely, sheets, bed spreads, quilts, blankets, throws, stadium blankets, comforters, pillow cases, pillow shams; table linens, namely, tablecloths, fabric napkins, fabric place mats, fabric table runners; bath linens, namely, towels, bath mats, wash cloths; cloth pennants, cloth banners
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: bed linens, namely, sheets, bed spreads, quilts, blankets, throws, stadium blankets, comforters, pillow cases, pillow shams; table linens, namely, tablecloths, fabric napkins, fabric place mats, fabric table runners; table linens, namely, tablecloths not of paper, fabric napkins, fabric place mats, fabric table runners; bath linens, namely, towels, bath mats, wash cloths; bath linens, namely, towels, wash cloths; cloth pennants, cloth banners; cloth pennants; cloth bannersClass 024 for bed linens, namely, sheets, bed spreads, quilts, blankets, throws, stadium blankets, comforters, pillow cases, pillow shams; table linens, namely, tablecloths not of paper, fabric napkins, fabric place mats, fabric table runners; bath linens, namely, towels, wash cloths; cloth pennants; cloth banners
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 025 for jackets, shirts, shorts, sweatshirts, caps, hats, visors, neckties, boxer shorts, athletic uniforms, coats, sport coats, infantwear, baby bibs not of paper, socks, sweatpants, sweaters, slippers, pajamas and sleepwear, gloves, mittens, scarves, cardigans, and rainwear
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: jackets, shirts, shorts, sweatshirts, caps, hats, visors, neckties, boxer shorts, athletic uniforms, coats, sport coats, infantwear, baby bibs not of paper, socks, sweatpants, sweaters, slippers, pajamas and sleepwear, gloves, mittens, scarves, cardigans, and rainwear; jackets; shirts; shorts; sweatshirts; headware, namely, caps, hats, visors; neckties; boxer shorts; athletic uniforms; coats; sport coats; infantwear; baby bibs not of paper; socks; sweatpants; sweaters; slippers; pajamas and sleepwear; gloves; mittens; scarves; cardigans; and rainwearClass 025 for jackets; shirts; shorts; sweatshirts; headware, namely, caps, hats, visors; neckties; boxer shorts; athletic uniforms; coats; sport coats; infantwear; baby bibs not of paper; socks; sweatpants; sweaters; slippers; pajamas and sleepwear; gloves; mittens; scarves; cardigans; and rainwear
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 028 for toys and sporting goods, namely, stuffed animals, board games, card games, wastepaper basketball games, dart games, yo-yos, footballs, basketballs, soccer balls, baseballs, decorative wind socks, flying discs, golf tees, golf bags, golf bag tags, golf club head covers and golf balls; holiday tree ornaments; playing cards
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: toys and sporting goods, namely, stuffed animals, board games, card games, wastepaper basketball games, dart games, yo-yos, footballs, basketballs, soccer balls, baseballs, decorative wind socks, flying discs, golf tees, golf bags, golf bag tags, golf club head covers and golf balls; holiday tree ornaments; playing cards; computer game joysticksClass 028 for toys and sporting goods, namely, stuffed animals, board games, card games, wastepaper basketball games, dart games, yo-yos, footballs, basketballs, soccer balls, baseballs, decorative wind socks, flying discs, golf tees, golf bags, golf bag tags, golf club head covers and golf balls; holiday tree ornaments; playing cards; computer game joysticks
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for retail store services featuring collegiate and bookstore items, online retail store services featuring collegiate and bookstore items; research and consultation in the field of business; providing on-line directory information services also featuring hyperlinks to other web sites
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: retail store services featuring collegiate and bookstore items, online retail store services featuring collegiate and bookstore items; retail store services featuring collegiate and bookstore apparel, gift, book, art, computer, and electronic items; online retail store services featuring collegiate and bookstore apparel, gift, book, art, computer and electronic items; providing on-line directory information services also featuring hyperlinks to other web sites; research and consultation in the field of business; providing on-line campus, student, faculty, staff, business, telephone, and commercial directory information services also featuring hyperlinks to other web sites; providing a web site featuring information, resources, and links to other web sites regarding university employment opportunities, administrative services, and university alumni professional networking servicesClass 035 for retail store services featuring collegiate and bookstore apparel, gift, book, art, computer, and electronic items; online retail store services featuring collegiate and bookstore apparel, gift, book, art, computer and electronic items; research and consultation in the field of business; providing on-line campus, student, faculty, staff, business, telephone, and commercial directory information services also featuring hyperlinks to other web sites; providing a web site featuring information, resources, and links to other web sites regarding university employment opportunities, administrative services, and university alumni professional networking services
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for charitable fundraising services; leasing of college facilities
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: charitable fundraising services; leasing of college facilities; providing a web site featuring information, resources, and links to other web sites regarding university housingClass 036 for charitable fundraising services; leasing of college facilities; providing a web site featuring information, resources, and links to other web sites regarding university housing
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for educational services, namely, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate, and professional levels, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate levels via a global computer network; research and consultation in the field of liberal arts, namely, literature, history, philosophy, psychology, fine arts and modern languages; research and consultation in the field of education; publishing services, namely, publication of books, pamphlets, textbooks and other materials, namely, magazines, newspapers, newsletters, and yearbooks in print and electronic format; production of radio and television programs; providing entertainment services, namely, cultural exhibitions, motion picture exhibitions, concerts, plays, operas, musicals, recitals, dance performances, athletic events, and art exhibits; conducting educational conferences, lectures, workshops, demonstrations, and seminars; providing facilities for recreational, educational, and entertainment meetings; providing recreational, sports, and athletic facilities; providing reference and library services; computer services, namely, providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic and research programs, university athletic programs, university employment opportunities, university housing, university administrative services, university alumni activities and organizations, university counseling services, student activities and organizations, university publications, university libraries, and university information technology services
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: educational services, namely, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate, and professional levels, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate levels via a global computer network; research and consultation in the field of liberal arts, namely, literature, history, philosophy, psychology, fine arts and modern languages; research and consultation in the field of liberal arts education, namely, as it relates to education in literature, history, philosophy, psychology, fine arts and modern languages; research and consultation in the field of education; research and consultation in the field of liberal arts, namely, literature, history, philosophy, fine arts and modern languages; publishing services, namely, publication of books, pamphlets, textbooks and other materials, namely, magazines, newspapers, newsletters, and yearbooks in print and electronic format; providing entertainment services, namely, cultural exhibitions, motion picture exhibitions, concerts, plays, operas, musicals, recitals, dance performances, athletic events, and art exhibits; production of radio and television programs; providing entertainment services, namely, providing cultural exhibitions and motion picture exhibitions, concerts, plays, operas, musicals, recitals, dance performances, athletic events, and art exhibits; conducting educational conferences, lectures, workshops, demonstrations, and seminars; providing facilities for recreational, educational, and entertainment meetings; providing reference and library services; providing recreational, sports, and athletic facilities; computer services, namely, providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic and research programs, university athletic programs, university employment opportunities, university housing, university administrative services, university alumni activities and organizations, university counseling services, student activities and organizations, university publications, university libraries, and university information technology services; providing library services; providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic programs, university athletic programs, university alumni professional development, online and in-person seminars on professional and academic topics, entertainment, and educational activities and organizations, university educational and career counseling services, student entertainment and educational activities and organizations, university publications, university libraries, and research programs in liberal arts education, namely, as it relates to education in literature, history, philosophy, psychology, fine arts and modern languagesClass 041 for educational services, namely, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate, and professional levels, developing, arranging for and providing courses of instruction and training at the undergraduate, graduate, post-graduate levels via a global computer network; research and consultation in the field of liberal arts education, namely, as it relates to education in literature, history, philosophy, psychology, fine arts and modern languages; research and consultation in the field of education; research and consultation in the field of liberal arts, namely, literature, history, philosophy, fine arts and modern languages; publishing services, namely, publication of books, pamphlets, textbooks and other materials, namely, magazines, newspapers, newsletters, and yearbooks in print and electronic format; production of radio and television programs; providing entertainment services, namely, providing cultural exhibitions and motion picture exhibitions, concerts, plays, operas, musicals, recitals, dance performances, athletic events, and art exhibits; conducting educational conferences, lectures, workshops, demonstrations, and seminars; providing facilities for recreational, educational, and entertainment meetings; providing recreational, sports, and athletic facilities; providing library services; providing a web site featuring information, resources, and links to other web sites regarding university admissions, academic programs, university athletic programs, university alumni professional development, online and in-person seminars on professional and academic topics, entertainment, and educational activities and organizations, university educational and career counseling services, student entertainment and educational activities and organizations, university publications, university libraries, and research programs in liberal arts education, namely, as it relates to education in literature, history, philosophy, psychology, fine arts and modern languages
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for computer services, namely, hosting the web sites of others on a computer server for a global computer network; research and consultation in the fields of science and engineering
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: computer services, namely, hosting the web sites of others on a computer server for a global computer network; research and consultation in the fields of science and engineering; psychology research; providing research and reference services by librarians and reference service specialists; providing a web site featuring information, resources, and links to other web sites regarding information technology services; providing a web site featuring information, resources, and links to other web sites regarding university scientific research programsClass 042 for computer services, namely, hosting the web sites of others on a computer server for a global computer network; research and consultation in the fields of science and engineering; psychology research; providing research and reference services by librarians and reference service specialists; providing a web site featuring information, resources, and links to other web sites regarding information technology services; providing a web site featuring information, resources, and links to other web sites regarding university scientific research programs
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for providing temporary sleeping and eating accommodations; providing restaurant services; and providing community centers for social gatherings and meetings
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: providing temporary sleeping and eating accommodations; providing temporary sleeping accommodations; providing eating services, namely, provision of food and drink; and providing community centers for social gatherings and meetings; providing restaurant servicesClass 043 for providing temporary sleeping accommodations; providing eating services, namely, provision of food and drink; providing restaurant services
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 027 for bath mats
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for psychology consultation; providing a web site featuring information, resources, and links to other web sites regarding university counseling services, namely, health counseling services, mental health counseling services, and nutrition counseling services
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.

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: 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 or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, 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 filing date of the application or AOU; 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, 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 mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Matthew P. Frederick/      Date: 03/22/2019
Signatory's Name: Matthew P. Frederick
Signatory's Position: Attorney of record, PA bar member
Signatory's Phone Number: 215-241-7958


Response Signature
Signature: /Matthew P. Frederick/     Date: 03/22/2019
Signatory's Name: Matthew P. Frederick
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-241-7992

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.

        
RAM Sale Number: 88009259
RAM Accounting Date: 03/22/2019
        
Serial Number: 88009259
Internet Transmission Date: Fri Mar 22 12:43:23 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019032212432351
7829-88009259-620db52bed3819aed3a78725e4
7ac1b856ecc9ace8ad9bc73809fe43655c3972-C
C-11135-20190322101943329382