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. 88071686 DRIVE CRASH (Stylized and/or with Design, see http://uspto.report/TM/88071686/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 042 for Automotive diagnostic services for vehicle electronics featuring computer software for use by independent automotive repair personnel provided from remote locations via the Internet and cellular communication networks; programming vehicle computers from remote locations via the Internet and cellular communication networks
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 042, the mark was first used at least as early as 01/03/2019 and first used in commerce at least as early as 01/03/2019 .

Proposed: Class 042 for Automotive diagnostic services for vehicle electronics featuring computer software for use by independent automotive repair personnel provided from remote locations via the Internet and cellular communication networks; programming vehicle computers from remote locations via the Internet and cellular communication networks

Deleted Filing Basis: 1(b)
In International Class 042, the mark was first used at least as early as 01/03/2019 . and first used in commerce at least as early as 01/03/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of Photograph of actual printed advertising flyer displaying the applied-for TM in close proximity of a general description/promotion of the Class 42 services .
"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 File1
Specimen File2

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_5019216049-160520702_._DriveCrashDecSubSpec011720.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Brian Herron
Signatory's Position: President
Signatory's Phone Number: 5616256575


Response Signature
Signature: /Carl J Spagnuolo/     Date: 01/17/2020
Signatory's Name: Carl Spagnuolo
Signatory's Position: attorney of record - FL Bar member

Signatory's Phone Number: 5613893239

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: 88071686
Internet Transmission Date: Fri Jan 17 16:13:11 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020011716131143
9599-88071686-7005a72524e383f16346f6fa44
83684a07d58e5b96945c499e85b9691bba12f823
e-N/A-N/A-20200117160520702651