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. 88023486 WHAT DO YOU SEE(Standard Characters, see http://uspto.report/TM/88023486/mark.png) has been amended as follows:

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

The Examining Attorney has issued a partial refusal under Section 2(d) of the Trademark Act, 15 U.S.C. Section 1052(d); TMEP Sections 1207.01 et seq., on the basis of likelihood of confusion with several cited registrations due to the inclusion of the following services as contained in the original identification of services -- "product distributorship services featuring a wide variety of consumer goods for others" (the "Conflicting Services"). Applicant sets forth herein an amended identification of services in which the Conflicting Services have been deleted. Applicant believes the Application is now in condition for publication and hereby respectfully requests that the refusal be withdrawn.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Market research services; advertising research services; business research services; retail marketing and sales information services; product distributorship services featuring a wide variety of consumer goods for others and product commercialization services; consumer purchase and behavior research services; market, advertising and media usage and rating research services, business and brand consulting services; marketing, advertising and business consulting services demographic and consumer research services; collecting business data, conducting market, advertising, media, and business research, coding and conforming client product, retail store and marketing data and records; sales volume tracking for others; collecting and correlating marketing, advertising, and business information; compiling information about commercial advertisements; planning and conducting business meetings, and trade shows in the fields of advertising and marketing research; providing market research, media research, and corporate and business information; preparing market research and business research reports; business information and market research services, namely, conducting market, advertising and marketing research, analyzing statistical data, preparing reports, and consulting regarding business and market research information; and providing on-line interactive computer databases in the fields of business and market research, demographic information and data relating to the sale and promotion of consumer and durable goods; conducting market and business surveys, studies, analyses and evaluations; providing temporary use of on-line non-downloadable electronic databases and websites in the fields of advertising, marketing, business, media and market research, consumer surveys, product retailer, retail store and product sales, trading areas, and demographic information.; providing temporary use of online non-downloadable electronic databases for use in analyzing advertising, marketing, sales, and product information in connection with retail store marketing sales, promotion, and other marketing activities
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: Market research services; advertising research services; business research services; retail marketing and sales information services; product distributorship services featuring a wide variety of consumer goods for others and product commercialization services; consumer purchase and behavior research services; market, advertising and advertising, promotional, public relations, television, film, radio media usage and rating research services, business and brand consulting services; market, advertising and media usage and rating research services, business and brand consulting services; marketing, advertising and business consulting services; marketing, advertising and business consulting services demographic and consumer research services; demographic and consumer research services; collecting business data, conducting market, advertising, media, and business research, coding and conforming client product, retail store and marketing data and records; collecting business data, conducting market, advertising, media, and business research, collection and analysis of quality metric data for marketing professionals, namely, retail store and marketing data and records for business purposes; sales volume tracking for others; collecting and correlating marketing, advertising, and business information; compiling information about commercial advertisements; planning and conducting business meetings, and trade shows in the fields of advertising and marketing research; providing market research, media research, and corporate and business information; preparing market research and business research reports; business information and market research services, namely, conducting market, advertising and marketing research, analyzing statistical data, preparing reports, and consulting regarding business and market research information; and providing on-line interactive computer databases in the fields of business and market research, demographic information and data relating to the sale and promotion of consumer and durable goods; conducting market and business surveys, studies, analyses and evaluations; providing temporary use of on-line non-downloadable electronic databases and websites in the fields of advertising, marketing, business, media and market research, consumer surveys, product retailer, retail store and product sales, trading areas, and demographic information.; providing temporary use of on-line non-downloadable electronic databases and websites featuring information in the fields of advertising, marketing, business, media and market research, consumer surveys, product retailer, retail store and product sales, trading areas, and marketing, consumer, retail demographic information; providing temporary use of online non-downloadable electronic databases for use in analyzing advertising, marketing, sales, and product information in connection with retail store marketing sales, promotion, and other marketing activities; providing temporary use of online non-downloadable electronic databases featuring information in the fields of advertising, marketing, sales, and product information in connection with retail store marketing sales, promotion, and other marketing activitiesClass 035 for Market research services; advertising research services; business research services; retail marketing and sales information services; consumer purchase and behavior research services; market, advertising and advertising, promotional, public relations, television, film, radio media usage and rating research services, business and brand consulting services; marketing, advertising and business consulting services; demographic and consumer research services; collecting business data, conducting market, advertising, media, and business research, collection and analysis of quality metric data for marketing professionals, namely, retail store and marketing data and records for business purposes; sales volume tracking for others; collecting and correlating marketing, advertising, and business information; compiling information about commercial advertisements; planning and conducting business meetings, and trade shows in the fields of advertising and marketing research; providing market research, media research, and corporate and business information; preparing market research and business research reports; business information and market research services, namely, conducting market, advertising and marketing research, analyzing statistical data, preparing reports, and consulting regarding business and market research information; and providing on-line interactive computer databases in the fields of business and market research, demographic information and data relating to the sale and promotion of consumer and durable goods; conducting market and business surveys, studies, analyses and evaluations; providing temporary use of on-line non-downloadable electronic databases and websites featuring information in the fields of advertising, marketing, business, media and market research, consumer surveys, product retailer, retail store and product sales, trading areas, and marketing, consumer, retail demographic information; providing temporary use of online non-downloadable electronic databases featuring information in the fields of advertising, marketing, sales, and product information in connection with retail store marketing sales, promotion, and other marketing activities
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.

SIGNATURE(S)
Response Signature
Signature: /PF/     Date: 04/30/2019
Signatory's Name: Peter Fields
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2124481800

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: 88023486
Internet Transmission Date: Tue Apr 30 17:14:58 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190430171458
835690-88023486-620db8e6bf0e4fcc37e7a736
ec85288bd2248913e1b38dc186a38bb58eed5d56
49-N/A-N/A-20190430165530242765