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 indicated that the specimen does not evidence use of applied for mark as a mark, because it relates to a function or methodology. However, although a methodology is mentioned, the specimen also indicates that "we power", which indicates that the applicant provides services related to the methodology. Therefore, this specimen does show use of the mark in connection with services, and does function as a mark. A current screen shot is attached which further specifies that PROPEL is not simply a method.
EVIDENCE SECTION
       EVIDENCE
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\880\305\88030507\xml7\ ROA0002.JPG
DESCRIPTION OF EVIDENCE FILE further evidence of function as a mark.
ATTORNEY SECTION (current)
NAME Jill Anderfuren
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME LEWIS BRISBOIS BISGAARD & SMITH LLP
INTERNAL ADDRESS SUITE 300
STREET 550 WEST ADAMS STREET
CITY CHICAGO
STATE Illinois
POSTAL CODE 60661
COUNTRY US
PHONE 312-345-1718
FAX 3123451778
EMAIL USDocket@lewisbrisbois.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 34979-6141US
ATTORNEY SECTION (proposed)
NAME Jill Anderfuren
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME LEWIS BRISBOIS BISGAARD & SMITH LLP
INTERNAL ADDRESS SUITE 300
STREET 550 WEST ADAMS STREET
CITY CHICAGO
STATE Illinois
POSTAL CODE 60661
COUNTRY United States
PHONE 312-345-1718
FAX 3123451778
EMAIL USDocket@lewisbrisbois.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 34979-6141US
CORRESPONDENCE SECTION (current)
NAME JILL ANDERFUREN
FIRM NAME LEWIS BRISBOIS BISGAARD & SMITH LLP
INTERNAL ADDRESS SUITE 300
STREET 550 WEST ADAMS STREET
CITY CHICAGO
STATE Illinois
POSTAL CODE 60661
COUNTRY US
PHONE 312-345-1718
FAX 3123451778
EMAIL USDocket@lewisbrisbois.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 34979-6141US
CORRESPONDENCE SECTION (proposed)
NAME Jill Anderfuren
FIRM NAME LEWIS BRISBOIS BISGAARD & SMITH LLP
INTERNAL ADDRESS SUITE 300
STREET 550 WEST ADAMS STREET
CITY CHICAGO
STATE Illinois
POSTAL CODE 60661
COUNTRY United States
PHONE 312-345-1718
FAX 3123451778
EMAIL USDocket@lewisbrisbois.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 34979-6141US
SIGNATURE SECTION
RESPONSE SIGNATURE /ja/
SIGNATORY'S NAME Jill Anderfuren
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 3123451718
DATE SIGNED 12/03/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 03 13:07:11 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
191203130711707836-880305
07-7004e78d7c288e85e1b8df
d366f649419b67e0818ab02a8
28c284406311bb6aa-N/A-N/A
-20191203124041829992



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 indicated that the specimen does not evidence use of applied for mark as a mark, because it relates to a function or methodology. However, although a methodology is mentioned, the specimen also indicates that "we power", which indicates that the applicant provides services related to the methodology. Therefore, this specimen does show use of the mark in connection with services, and does function as a mark. A current screen shot is attached which further specifies that PROPEL is not simply a method.

EVIDENCE
Evidence in the nature of further evidence of function as a mark. has been attached. Evidence-1

The applicant's current attorney information: Jill Anderfuren. Jill Anderfuren of LEWIS BRISBOIS BISGAARD & SMITH LLP, is located at

      SUITE 300
      550 WEST ADAMS STREET
      CHICAGO, Illinois 60661
      US
The docket/reference number is 34979-6141US.

The phone number is 312-345-1718.

The fax number is 3123451778.

The email address is USDocket@lewisbrisbois.com

The applicants proposed attorney information: Jill Anderfuren. Jill Anderfuren of LEWIS BRISBOIS BISGAARD & SMITH LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 300
      550 WEST ADAMS STREET
      CHICAGO, Illinois 60661
      United States
The docket/reference number is 34979-6141US.

The phone number is 312-345-1718.

The fax number is 3123451778.

The email address is USDocket@lewisbrisbois.com

Jill Anderfuren submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JILL ANDERFUREN. JILL ANDERFUREN of LEWIS BRISBOIS BISGAARD & SMITH LLP, is located at

      SUITE 300
      550 WEST ADAMS STREET
      CHICAGO, Illinois 60661
      US
The docket/reference number is 34979-6141US.

The phone number is 312-345-1718.

The fax number is 3123451778.

The email address is USDocket@lewisbrisbois.com

The applicants proposed correspondence information: Jill Anderfuren. Jill Anderfuren of LEWIS BRISBOIS BISGAARD & SMITH LLP, is located at

      SUITE 300
      550 WEST ADAMS STREET
      CHICAGO, Illinois 60661
      United States
The docket/reference number is 34979-6141US.

The phone number is 312-345-1718.

The fax number is 3123451778.

The email address is USDocket@lewisbrisbois.com

SIGNATURE(S)
Response Signature
Signature: /ja/     Date: 12/03/2019
Signatory's Name: Jill Anderfuren
Signatory's Position: Attorney of Record

Signatory's Phone Number: 3123451718

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 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:    JILL ANDERFUREN
   LEWIS BRISBOIS BISGAARD & SMITH LLP
   SUITE 300
   550 WEST ADAMS STREET
   CHICAGO, Illinois 60661
Mailing Address:    Jill Anderfuren
   LEWIS BRISBOIS BISGAARD & SMITH LLP
   SUITE 300
   550 WEST ADAMS STREET
   CHICAGO, Illinois 60661
        
Serial Number: 88030507
Internet Transmission Date: Tue Dec 03 13:07:11 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191203130711707
836-88030507-7004e78d7c288e85e1b8dfd366f
649419b67e0818ab02a828c284406311bb6aa-N/
A-N/A-20191203124041829992


Response to Office Action [image/jpeg]


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