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. 88011173 EG (Stylized and/or with Design, see http://uspto.report/TM/88011173/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 035 for Business management; business consultancy, management and advice with regard to franchising; business management of petrol stations; dissemination of advertisements; rental of publicity material and advertising space; sales promotion (for others); organization and management of business operations to obtain customer loyalty; loyalty card services; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), namely, automotive and vehicle accessories, cigarettes, tobacco, food and beverages, printed matter, stationery, newspapers, magazines, pharmacy goods, sanitary preparations and perfumery, household cleaning preparations, audio and video products, flowers, clothing, footwear, headgear, telephone cards and lottery games enabling customers to conveniently view and purchase these goods; wholesale and retail services connected with the sale of liquefied petroleum gas; wholesale and retail services connected with the sale of bottles (containers of metal) containing liquefied petroleum gas (in particular butane, propane and LPG fuel); the bringing together for the benefit of others, of a variety of public telephones services, fax machine services, automatic teller machine services, mailbox and overnight delivery drop box services enabling customers to conveniently view and make use of such 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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322339 registered 07/28/2017 with a renewal date of __________ and an expiration date of 04/06/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Business management; business consultancy, management and advice with regard to franchising; business management of petrol stations; dissemination of advertisements; rental of publicity material and advertising space; sales promotion (for others); sales promotion for others; organization and management of business operations to obtain customer loyalty; business organization and management of business operations to obtain customer loyalty; loyalty card services; promoting the goods and services of others by means of the issuance of loyalty rewards cards; the bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), namely, automotive and vehicle accessories, cigarettes, tobacco, food and beverages, printed matter, stationery, newspapers, magazines, pharmacy goods, sanitary preparations and perfumery, household cleaning preparations, audio and video products, flowers, clothing, footwear, headgear, telephone cards and lottery games enabling customers to conveniently view and purchase these goods; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, namely, automotive and vehicle accessories, cigarettes, tobacco, food and beverages, printed matter, stationery, newspapers, magazines, pharmacy goods, sanitary preparations and perfumery, household cleaning preparations, audio and video products, flowers, clothing, footwear, headgear, telephone cards and lottery games enabling customers to conveniently view and purchase these goods; wholesale and retail services connected with the sale of liquefied petroleum gas; wholesale and retail store services featuring liquefied petroleum gas; wholesale and retail services connected with the sale of bottles (containers of metal) containing liquefied petroleum gas (in particular butane, propane and LPG fuel); wholesale and retail store services featuring bottles being containers of metal containing liquefied petroleum gas, in particular butane, propane and LPG fuel; the bringing together for the benefit of others, of a variety of public telephones services, fax machine services, automatic teller machine services, mailbox and overnight delivery drop box services enabling customers to conveniently view and make use of such servicesClass 035 for Business management; business consultancy, management and advice with regard to franchising; business management of petrol stations; dissemination of advertisements; rental of publicity material and advertising space; sales promotion for others; business organization and management of business operations to obtain customer loyalty; promoting the goods and services of others by means of the issuance of loyalty rewards cards; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, namely, automotive and vehicle accessories, cigarettes, tobacco, food and beverages, printed matter, stationery, newspapers, magazines, pharmacy goods, sanitary preparations and perfumery, household cleaning preparations, audio and video products, flowers, clothing, footwear, headgear, telephone cards and lottery games enabling customers to conveniently view and purchase these goods; wholesale and retail store services featuring liquefied petroleum gas; wholesale and retail store services featuring bottles being containers of metal containing liquefied petroleum gas, in particular butane, propane and LPG fuel; the bringing together for the benefit of others, of a variety of public telephones services, fax machine services, automatic teller machine services, mailbox and overnight delivery drop box services enabling customers to conveniently view and make use of such services
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322339 registered 07/28/2017 with a renewal date of __________ and an expiration date of 04/06/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for Service stations (petrol stations); maintenance, washing and repair of vehicles and vehicle parts; motor vehicle oil change; greasing, lubrication and tuning of motors and engines; motor vehicle cleaning and polishing; motor vehicle wash; anti-rust treatment for motor vehicles; painting of motor vehicles; tyre fitting and puncture repair; inflating, repair and fitting of tyres; vehicle repair; installation, repair and maintenance of machines for filling gas in gas cylinders, including gas filling plants; construction, installation, renovation, repair and maintenance of gas installations; care, cleaning and repair of gas containers and bottles; anti-rust treatment for gas containers, bottles and installations
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322339 registered 04/06/2017 with a renewal date of __________ and an expiration date of 04/06/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Service stations (petrol stations); Vehicle service stations; maintenance, washing and repair of vehicles and vehicle parts; motor vehicle oil change; greasing, lubrication and tuning of motors and engines; greasing, lubrication and tuning of vehicle motors and engines; motor vehicle cleaning and polishing; motor vehicle wash; motor vehicle washing; anti-rust treatment for motor vehicles; painting of motor vehicles; tyre fitting and puncture repair; inflating, repair and fitting of tyres; vehicle repair; installation, repair and maintenance of machines for filling gas in gas cylinders, including gas filling plants; construction, installation, renovation, repair and maintenance of gas installations; care, cleaning and repair of gas containers and bottles; anti-rust treatment for gas containers, bottles and installationsClass 037 for Vehicle service stations; maintenance, washing and repair of vehicles and vehicle parts; motor vehicle oil change; greasing, lubrication and tuning of vehicle motors and engines; motor vehicle cleaning and polishing; motor vehicle washing; anti-rust treatment for motor vehicles; painting of motor vehicles; tyre fitting and puncture repair; inflating, repair and fitting of tyres; vehicle repair; installation, repair and maintenance of machines for filling gas in gas cylinders, including gas filling plants; construction, installation, renovation, repair and maintenance of gas installations; care, cleaning and repair of gas containers and bottles; anti-rust treatment for gas containers, bottles and installations
Deleted Filing Basis: 1(b)
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322339 registered 04/06/2017 with a renewal date of __________ and an expiration date of 04/06/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
EG appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Karissa F. Blyth/     Date: 04/12/2019
Signatory's Name: Karissa F. Blyth
Signatory's Position: Attorney at Eversheds Sutherland (US) LLP, GA Bar Member

Signatory's Phone Number: 404-853-8012

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: 88011173
Internet Transmission Date: Fri Apr 12 11:03:32 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904121103327
09953-88011173-62085af4faf68172c2e8c64f2
60a2f5ffeb519ccc03d1166af296af024a047bf-
N/A-N/A-20190411123538766898