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. 88051615 ROO(Standard Characters, see http://uspto.report/TM/88051615/mark.png) has been amended as follows:

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

Concurrently with the submission of this response, Applicant is amending and restricting the goods description in this Application from “furniture, office furniture, tables” to “office furniture, tables, all for commercial and institutional use and not for residential purposes”. This amendment distances Applicant’s goods from the goods identified in U.S. Application Serial No. 87657302 and U.S. Registration No. 5309075, and the goods identified in this Application should no longer be presumed to travel in the same channels of trade to the same class of purchasers as the goods in the cited U.S. Application Serial No. 87657302 and U.S. Registration No. 5309075. Applicant submits that with this goods amendment no likelihood of confusion exists and that this Application should be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for furniture, office furniture, tables
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/00/2018 and first used in commerce at least as early as 06/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: furniture, office furniture, tables; office furniture, tables, all for commercial and institutional use and not for residential purposesClass 020 for office furniture, tables, all for commercial and institutional use and not for residential purposes
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/00/2018 and first used in commerce at least as early as 06/00/2018 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Brad R. Maurer/     Date: 11/26/2018
Signatory's Name: Brad R. Maurer
Signatory's Position: Attorney of Record, Indiana bar member

Signatory's Phone Number: 317.968.5423

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: 88051615
Internet Transmission Date: Mon Nov 26 16:48:48 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2018112616484841
1960-88051615-61016b5c880c7b8256c28f9b9a
11efa2916b582ea2bd1034b962b4da5b38f8ae3-
N/A-N/A-20181126163708750368