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. 88103181 QUICKHAUL(Standard Characters, see http://uspto.report/TM/88103181/mark.png) has been amended as follows:

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

Applicant reserves its rights to present arguments regarding the pending application noted in the Office Action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Mobile application software for matching heavy material and stone deliveries with shipping solutions; mobile application software for use by haulers to select and view delivery assignments and delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, message dispatch, and view nearby scales for taring in or scaling out load at location
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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Mobile application software for matching heavy material and stone deliveries with shipping solutions; Mobile application software for matching requests for heavy material and stone deliveries with drivers who can ship heavy material and stone; mobile application software for use by haulers to select and view delivery assignments and delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, message dispatch, and view nearby scales for taring in or scaling out load at location; mobile application software for use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, dispatch messages, and view nearby scales for taring in or scaling out load at locationClass 009 for Mobile application software for matching requests for heavy material and stone deliveries with drivers who can ship heavy material and stone; mobile application software for use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, dispatch messages, and view nearby scales for taring in or scaling out load at location
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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing non-downloadable software as a service (SaaS) for matching heavy material and stone deliveries with shipping solutions; providing non-downloadable software as a service (SaaS) for use by haulers to select and view delivery assignments and delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, message dispatch, and view nearby scales for taring in or scaling out load at location
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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing non-downloadable software as a service (SaaS) for matching heavy material and stone deliveries with shipping solutions; Providing non-downloadable software as a service (SaaS) for matching for matching requests for heavy material and stone deliveries with drivers who can ship heavy material and stone; providing non-downloadable software as a service (SaaS) for use by haulers to select and view delivery assignments and delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, message dispatch, and view nearby scales for taring in or scaling out load at location; providing non-downloadable software as a service (SaaS) for use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, dispatch messages, and view nearby scales for taring in or scaling out load at locationClass 042 for Providing non-downloadable software as a service (SaaS) for matching for matching requests for heavy material and stone deliveries with drivers who can ship heavy material and stone; providing non-downloadable software as a service (SaaS) for use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, dispatch messages, and view nearby scales for taring in or scaling out load at location
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 12/06/2017 and first used in commerce at least as early as 12/06/2017 , and is now in use in such commerce.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JULIA M. BISHOP
TROUTMAN SANDERS LLP
600 PEACHTREE STREET, NE, SUITE 3000
ATLANTA
Georgia
US
30308

Proposed:
JULIA M. BISHOP of TROUTMAN SANDERS LLP, having an address of
600 PEACHTREE STREET, NE, SUITE 3000 ATLANTA, Georgia 30308
United States
trademarks@troutmansanders.com;austin.padgett@troutman.com;kristina.woodruff@troutman.com;jennifer.hennelly@troutman.com
4048853155
4048853900
The docket/reference number is 201015.0231 .



SIGNATURE(S)
Response Signature
Signature: /Austin Padgett/     Date: 06/04/2019
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 4048853155

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.

Mailing Address:    JULIA M. BISHOP
   TROUTMAN SANDERS LLP
   600 PEACHTREE STREET, NE, SUITE 3000
   ATLANTA, Georgia 30308
        
Serial Number: 88103181
Internet Transmission Date: Tue Jun 04 11:00:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190604110045083
043-88103181-62039f982a13ebe411d34bf9efb
19d2e9fbf3a8a131f9e4edba7e27285a81268e-N
/A-N/A-20190604105121180505