PR-Teas-Response to Post Reg Office Act

PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

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PTO Form No Form Number (Rev 01/2012)

OMB No. 0651-0055 (Exp 10/31/2021)

Response to Office Action for Post-Registration Matters

To the Commissioner for Trademarks:

The following is submitted for registration number: 5817720

FORM TEXT:

In the office action dated July 16, 2020, the Examiner refused the Applicant’s Section 7 Amendment request stating that: “The owner seeks to change the goods and/or services from “FLEXREALTY FULL SERVICE · FLEXIBLE RATES” to “FLEXREALTY FULL SERVICE FOR LESS.”  This amendment would change the nature of the goods and/or services and was not originally covered by the goods and/or services in the registration.” [citation omitted].

The Applicant, however, did not and does not request any change, deletion, addition or amendment to the goods and/or services for which it is currently registered.

Rather, the Applicant seeks to modernize and amend the appearance of the mark itself to reflect minor changes to its color and style of lettering which do not materially alter the mark nor affect the commercial impression of the mark. The Applicant also requested an amendment to certain disclaimed text on the bottom of the mark, replacing “FLEXIBLE RATES” with “FOR LESS”, leaving the rest of the lettering the same. Such changes to the least prominent and disclaimed wording also does not materially alter nor affect the commercial impression of the mark. As stated in the request, the phrases “FLEXIBLE RATES” and “FOR LESS” are both purely information terms for which the Applicant does not request exclusive use and therefore, the Applicant disclaimed the words “FULL SERVICE FOR LESS” in the same manner that it disclaimed “FULL SERVICE · FLEXIBLE RATES” in the original mark.

In accordance with 37 C.F.R. § 2.173(d), the requested amendment to the mark does not materially alter the mark or the character of the mark. In accord with 37 C.F.R. § 2.173(g), the Applicant requested conforming amendments to the disclaimer and description of the mark.

 The Applicant respectfully renews its request that the amendment to the mark itself, and not to the goods or services for which the mark is registered, be granted.

The filer has elected to bypass the checkbox indicating that a substitute specimen was in use in commerce during the relevant period for filing the 6-year or 10-year Section 8/71.Warning: If you are providing a substitute specimen and do not provide the required statement verifying use, upon review of your response, if it is determined that verification is required, another Office action will issue requiring this statement to complete your response. The owner proposes to amend the following:
Current: FLEX REALTY LLC, having an address of
      19 Roosevelt Ave., Suite 110
      19 Roosevelt Ave., Suite 110
      Colchester, Vermont 05446
      United States
      Phone: 802-651-7145
      Email Address: XXXX

Proposed: FLEX REALTY LLC, having an address of
      19 Roosevelt Ave., Suite 110
      Colchester, Vermont 05446
      United States
      Phone: 802-651-7145
      Email Address: XXXX

The owner's/holder's current attorney information: Cassandra LaRae-Perez. Cassandra LaRae-Perez of Gravel & Shea PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      www.gravelshea.com
      PO Box 369
      Burlington, Vermont 05402
      United States

The phone number is 802-658-0220.

The fax number is 802-658-1456.

The email address is trademark@gravelshea.com

The owner's/holder's proposed attorney information: Cassandra LaRae-Perez. Cassandra LaRae-Perez of Gravel & Shea PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      www.gravelshea.com
      PO Box 369
      Burlington, Vermont 05402
      United States

The phone number is 802-658-0220.

The fax number is 802-658-1456.

The email address is trademark@gravelshea.com
Correspondence Information (current):
      Cassandra LaRae-Perez
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@gravelshea.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): claraeperez@gravelshea.com
Correspondence Information (proposed):
      Cassandra LaRae-Perez
      PRIMARY EMAIL FOR CORRESPONDENCE: trademark@gravelshea.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): claraeperez@gravelshea.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application, submission, or any registration resulting therefrom, declares that the facts set forth above are true; all statements made of his/her own knowledge are true; and all statements made on information and belief are believed to be true.

Signature: /Cassandra LaRae-Perez/      Date: 07/17/2020
Signatory's Name: Cassandra LaRae-Perez
Signatory's Position: Attorney of Record, Vermont bar member
Signatory's Phone Number: 802-658-0220

Submission Signature
Signature: /Cassandra LaRae-Perez/     Date: 07/17/2020
Signatory's Name: Cassandra LaRae-Perez
Signatory's Position: Attorney of Record, Vermont bar member
Signatory's Phone Number: 802-658-0220

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if filed in conjunction with a pending post-registration filing, and if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    Cassandra LaRae-Perez
   Gravel & Shea PC
   www.gravelshea.com
   PO Box 369
   Burlington, Vermont 05402
Mailing Address:    Cassandra LaRae-Perez
   Gravel & Shea PC
   www.gravelshea.com
   PO Box 369
   Burlington, Vermont 05402
        
Serial Number: 88015061
Internet Transmission Date: Fri Jul 17 17:48:08 ET 2020
TEAS Stamp: USPTO/TRS-XX.XX.XXX.XXX-2020071717480845
1427-5817720-20200717173309152719-N/A-N/
A-20200717173309152719