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. 88070747 TAKEDOWN-AS-A-SERVICE(Standard Characters, see http://uspto.report/TM/88070747/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Domain name acquisition services, namely, procurement of domain names for others; and domain name acquisition services being negotiation of business contracts for others
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.

In International Class 035, the mark was first used at least as early as 03/15/2016 and first used in commerce at least as early as 03/15/2016 .

Proposed:
Tracked Text Description: Domain name acquisition services, namely, procurement of domain names for others; and domain name acquisition services being negotiation of business contracts for othersClass 035 for Domain name acquisition services, namely, procurement of domain names for others
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.

In International Class 035, the mark was first used at least as early as 03/15/2016 . and first used in commerce at least as early as 03/15/2016 .

The applicant's current attorney information: Jacqueline L. Patt. Jacqueline L. Patt of MARKERY LAW, LLC, is located at

      P.O. BOX 84150
      GAITHERSBURG, Maryland 20883
      US
The docket/reference number is US-ZEFO-006A.

The phone number is 202-888-7885.

The fax number is 202-803-7953.

The email address is docket@markerylaw.com

The applicants proposed attorney information: Jacqueline L. Patt. Other appointed attorneys are Stacey J. Watson and Katrina G. Hull. Jacqueline L. Patt of MARKERY LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 84150
      Gaithersburg, Maryland 20883
      United States
The docket/reference number is US-ZEFO-006A.

The phone number is 202-888-7885.

The fax number is 202-803-7953.

The email address is docket@markerylaw.com

Jacqueline L. Patt 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: JACQUELINE L. PATT. JACQUELINE L. PATT of MARKERY LAW, LLC, is located at

      P.O. BOX 84150
      GAITHERSBURG, Maryland 20883
      US
The docket/reference number is US-ZEFO-006A.

The phone number is 202-888-7885.

The fax number is 202-803-7953.

The email address is docket@markerylaw.com; jackiepatt@markerylaw.com; diretheacummings@markerylaw.com

The applicants proposed correspondence information: Jacqueline L. Patt. Jacqueline L. Patt of MARKERY LAW, LLC, is located at

      P.O. Box 84150
      Gaithersburg, Maryland 20883
      United States
The docket/reference number is US-ZEFO-006A.

The phone number is 202-888-7885.

The fax number is 202-803-7953.

The email address is docket@markerylaw.com; jackiepatt@markerylaw.com; diretheacummings@markerylaw.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant thanks the Examining Attorney for her call on October 16, 2019. Applicant confirms that the basis for Class 35 services should be intent to use and, to the extent the basis for Class 35 services is listed as use, Applicant requests amendment of the filing basis for Class 35, from use (under Section 1A) to intent to use (under Section 1B).


SIGNATURE(S)
Response Signature
Signature: /Jacqueline L. Patt/     Date: 10/17/2019
Signatory's Name: Jacqueline L. Patt
Signatory's Position: Attorney of record, DC and MD bar member

Signatory's Phone Number: 202-888-7885

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:    JACQUELINE L. PATT
   MARKERY LAW, LLC
   
   P.O. BOX 84150
   GAITHERSBURG, Maryland 20883
Mailing Address:    Jacqueline L. Patt
   MARKERY LAW, LLC
   P.O. Box 84150
   Gaithersburg, Maryland 20883
        
Serial Number: 88070747
Internet Transmission Date: Thu Oct 17 16:40:59 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019101716405985
3736-88070747-6101f7ca4e9b01c55ec3c4476c
be6129cfa184823e7de30382ebd7c6e86b04de84
3-N/A-N/A-20191017152711519164