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. 88035059 SM (Stylized and/or with Design, see http://uspto.report/TM/88035059/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: SM (Stylized and/or with Design, see http://uspto.report/TM/88035059/mark.png)
Proposed: SM (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of a depiction of the state of Texas in white bordered by a black outlined of the State of Texas. The stylized black letters "SM" are located in the center of the state, offset, and outlined in white border. A black five point star outlined in white is located below the "M". The mark in its entirety appears on a transparent background.

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

The applicant is a public school district in Texas which provides educational services and would like to use the specimen on the front of apparel (T-shirts, Caps, etc.) since the specimen (image) is already recognized as being associated with the school district. The specimen is unique to the school district as the specimen was drawn by someone who was hired by the school district to draw the specimen ( image) which would represent the school district. I have attached images of the specimen used by the school district in its literature and promotions which shows the specimen used in matter other than goods.

EVIDENCE
Evidence in the nature of Evidence are pictures of the specimen used by the school district in an educational and athletic settings has been attached. Evidence-1
Evidence-2
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Evidence-11

SIGNATURE(S)
Response Signature
Signature: /Fortunato G. Paredes/     Date: 11/07/2019
Signatory's Name: Fortunato G. Paredes
Signatory's Position: Attorney of Record

Signatory's Phone Number: 956-717-1300

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.

        
Serial Number: 88035059
Internet Transmission Date: Thu Nov 07 16:46:04 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019110716460435
1763-88035059-7008923be35c14dc45d15d288a
484c5bffb6f9453eb8d06152f5c985414ceafa-N
/A-N/A-20191107161038489752