Response to Office Action

PROPEL

Vitalyst, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88030507
LAW OFFICE ASSIGNED LAW OFFICE 125
MARK SECTION
MARK http://uspto.report/TM/88030507/mark.png
LITERAL ELEMENT PROPEL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)

The Examining attorney has rejected the mark, alleging that PROPEL is not inherently distinctive.  However,  the word PROPEL is not descriptive of the services included in the application, namely, Educational services, namely, developing curriculum for others in the field of custom learning programs for technology integration and software utilization, in Class 41, and  Business technology software consultation services; Computer technology consultancy, in Class 42.

 

The mark clearly serves as a source indicator as evidenced by the specimens submitted as filed.  Further, the word PROPEL is fairly arbitrary with regard to these services.  Therefore, the application should be approved.

SIGNATURE SECTION
RESPONSE SIGNATURE /ja/
SIGNATORY'S NAME Jill Anderfuren
SIGNATORY'S POSITION Attorney of record, Illinois bar member
SIGNATORY'S PHONE NUMBER 3123451718
DATE SIGNED 05/02/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 02 15:15:55 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190502151555991296-88030
507-6201339cbfe66f7313343
6a0e0ed703f244613f3f77715
cb67c2aa6817da6218e-N/A-N
/A-20190502141626834994



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. 88030507 PROPEL(Standard Characters, see http://uspto.report/TM/88030507/mark.png) has been amended as follows:

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

The Examining attorney has rejected the mark, alleging that PROPEL is not inherently distinctive.  However,  the word PROPEL is not descriptive of the services included in the application, namely, Educational services, namely, developing curriculum for others in the field of custom learning programs for technology integration and software utilization, in Class 41, and  Business technology software consultation services; Computer technology consultancy, in Class 42.

 

The mark clearly serves as a source indicator as evidenced by the specimens submitted as filed.  Further, the word PROPEL is fairly arbitrary with regard to these services.  Therefore, the application should be approved.



SIGNATURE(S)
Response Signature
Signature: /ja/     Date: 05/02/2019
Signatory's Name: Jill Anderfuren
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 3123451718

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: 88030507
Internet Transmission Date: Thu May 02 15:15:55 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019050215155599
1296-88030507-6201339cbfe66f73133436a0e0
ed703f244613f3f77715cb67c2aa6817da6218e-
N/A-N/A-20190502141626834994



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