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 |
88065268 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK |
http://uspto.report/TM/88065268/mark.png |
LITERAL ELEMENT |
FLYER |
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) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_241623252-20191111185043492348_._FLYER_-_OA_Response_.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\652\88065268\xml11\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\652\88065268\xml11\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Response to Office Action |
GOODS AND/OR SERVICES SECTION (012)(current) |
INTERNATIONAL CLASS |
012 |
DESCRIPTION |
Air or water vehicles; land vehicles; vehicles for travel by land, air, or water |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (012)(proposed) |
INTERNATIONAL CLASS |
012 |
TRACKED TEXT DESCRIPTION |
Air or water vehicles; Aircraft; land vehicles; vehicles for travel by land, air, or water |
FINAL DESCRIPTION |
Aircraft |
FIRST USE ANYWHERE DATE |
At least as early as 07/17/2017 |
FIRST USE IN COMMERCE DATE |
At least as early as 07/17/2017 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-241623252-20191111185043492348_._FLYER_specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\880\652\88065268\xml11\ROA0004.JPG |
SPECIMEN DESCRIPTION |
a photograph of the goods prominently displaying the mark |
DELETED FILING BASIS |
1(b) |
GOODS AND/OR SERVICES SECTION (039)(current) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
Air and land transportation services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (039)(proposed) |
INTERNATIONAL CLASS |
039 |
TRACKED TEXT DESCRIPTION |
Air and land transportation services; Air transportation
services |
FINAL DESCRIPTION |
Air transportation services |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (041)(no change) |
ADDITIONAL STATEMENTS SECTION |
SUPPLEMENTAL REGISTER |
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to
'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in
commerce. |
ATTORNEY SECTION (current) |
NAME |
John L. Slafsky |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
WILSON SONSINI GOODRICH & ROSATI |
STREET |
650 PAGE MILL ROAD |
CITY |
PALO ALTO |
STATE |
California |
POSTAL CODE |
94304-1050 |
COUNTRY |
US |
PHONE |
650-493-9300 |
FAX |
650-493-6811 |
EMAIL |
trademarks@wsgr.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
49162-TM1011 |
ATTORNEY SECTION (proposed) |
NAME |
John L. Slafsky |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
WILSON SONSINI GOODRICH & ROSATI |
STREET |
650 PAGE MILL ROAD |
CITY |
PALO ALTO |
STATE |
California |
POSTAL CODE |
94304-1050 |
COUNTRY |
United States |
PHONE |
650-493-9300 |
FAX |
650-493-6811 |
EMAIL |
trademarks@wsgr.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
49162-TM1011 |
OTHER APPOINTED ATTORNEY |
Aaron D. Hendelman, Alyssa M. Worsham, Christine K. Au-Yeung, Brandon P. Leahy, Chelsea E. Carbone, Susanna P. Lichter, Ava R.
Miller |
CORRESPONDENCE SECTION (current) |
NAME |
JOHN L. SLAFSKY |
FIRM NAME |
WILSON SONSINI GOODRICH & ROSATI |
STREET |
650 PAGE MILL ROAD |
CITY |
PALO ALTO |
STATE |
California |
POSTAL CODE |
94304-1050 |
COUNTRY |
US |
PHONE |
650-493-9300 |
FAX |
650-493-6811 |
EMAIL |
trademarks@wsgr.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
49162-TM1011 |
CORRESPONDENCE SECTION (proposed) |
NAME |
John L. Slafsky |
FIRM NAME |
WILSON SONSINI GOODRICH & ROSATI |
STREET |
650 PAGE MILL ROAD |
CITY |
PALO ALTO |
STATE |
California |
POSTAL CODE |
94304-1050 |
COUNTRY |
United States |
PHONE |
650-493-9300 |
FAX |
650-493-6811 |
EMAIL |
trademarks@wsgr.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
49162-TM1011 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/John Slafsky/ |
SIGNATORY'S NAME |
John L. Slafsky |
SIGNATORY'S POSITION |
Attorney of record |
SIGNATORY'S PHONE NUMBER |
6504939300 |
DATE SIGNED |
11/11/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Nov 11 19:22:26 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XX.XXX-20
191111192226258070-880652
68-700ae2c3fbdc486a45941c
669b957dd512972847ae4f9d4
dcf997336aea6b91e-N/A-N/A
-20191111185043492348 |
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.
88065268 FLYER(Standard Characters, see http://uspto.report/TM/88065268/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_241623252-20191111185043492348_._FLYER_-_OA_Response_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Air or water vehicles; land vehicles; vehicles for travel by land, air, or water
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: Air or water vehicles;
Aircraft;
land vehicles;
vehicles for travel by land, air, or waterClass 012 for Aircraft
Deleted Filing Basis: 1(b)
In International Class 012, the mark was first used at least as early as 07/17/2017 . and first used in commerce at least as early as 07/17/2017 .
Applicant hereby submits one(or more) specimen(s) for Class 012 . The specimen(s) submitted consists of a photograph of the goods prominently displaying the mark .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-241623252-20191111185043492348_._FLYER_specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Air and land transportation services
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: Air and land transportation services;
Air transportation servicesClass 039 for Air
transportation services
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.
The applicant's current attorney information: John L. Slafsky. John L. Slafsky of WILSON SONSINI GOODRICH & ROSATI, is located at
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
US
The docket/reference number is 49162-TM1011.
The phone number is 650-493-9300.
The fax number is 650-493-6811.
The email address is trademarks@wsgr.com
The applicants proposed attorney information: John L. Slafsky. Other appointed attorneys are Aaron D. Hendelman, Alyssa M. Worsham, Christine K. Au-Yeung, Brandon P. Leahy, Chelsea E. Carbone,
Susanna P. Lichter, Ava R. Miller. John L. Slafsky of WILSON SONSINI GOODRICH & ROSATI, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is
located at
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
United States
The docket/reference number is 49162-TM1011.
The phone number is 650-493-9300.
The fax number is 650-493-6811.
The email address is trademarks@wsgr.com
John L. Slafsky 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: JOHN L. SLAFSKY. JOHN L. SLAFSKY of WILSON SONSINI GOODRICH & ROSATI, is located at
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
US
The docket/reference number is 49162-TM1011.
The phone number is 650-493-9300.
The fax number is 650-493-6811.
The email address is trademarks@wsgr.com
The applicants proposed correspondence information: John L. Slafsky. John L. Slafsky of WILSON SONSINI GOODRICH & ROSATI, is located at
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
United States
The docket/reference number is 49162-TM1011.
The phone number is 650-493-9300.
The fax number is 650-493-6811.
The email address is trademarks@wsgr.com
ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an
Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /John Slafsky/ Date: 11/11/2019
Signatory's Name: John L. Slafsky
Signatory's Position: Attorney of record
Signatory's Phone Number: 6504939300
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: JOHN L. SLAFSKY
WILSON SONSINI GOODRICH & ROSATI
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
Mailing Address: John L. Slafsky
WILSON SONSINI GOODRICH & ROSATI
650 PAGE MILL ROAD
PALO ALTO, California 94304-1050
Serial Number: 88065268
Internet Transmission Date: Mon Nov 11 19:22:26 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20191111192226258
070-88065268-700ae2c3fbdc486a45941c669b9
57dd512972847ae4f9d4dcf997336aea6b91e-N/
A-N/A-20191111185043492348