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 hereby narrows the application and has removed the identifications related to heavy materials and stone, which were the areas of alleged potential overlap with the cited mark for junk removal services. Applicant respectfully requests that the amended application proceed to publication

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 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
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 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, and dispatch messages; 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 use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, and dispatch messages
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 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
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 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, and dispatch messages; 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 use by haulers to select and view delivery assignments, select and view delivery and earning histories, navigate delivery routes, capture delivery receipt signatures, and dispatch messages
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.
The applicant's current attorney information: Julia M. Bishop. Julia M. Bishop of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE STREET, NE, SUITE 3000
      ATLANTA, Georgia 30308
      US
The docket/reference number is 201015.0231.

The phone number is 804-697-1870.

The fax number is 8046971339.

The email address is trademarks@troutmansanders.com

The applicants proposed attorney information: Julia M. Bishop. Julia M. Bishop of TROUTMAN SANDERS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 PEACHTREE STREET, NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 201015.0231.

The phone number is 4048853155.

The fax number is 4048853900.

The email address is trademarks@troutmansanders.com

Julia M. Bishop 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: JULIA M. BISHOP. JULIA M. BISHOP of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE STREET, NE, SUITE 3000
      ATLANTA, Georgia 30308
      US
The docket/reference number is 201015.0231.

The phone number is 4048853155.

The fax number is 4048853900.

The email address is trademarks@troutmansanders.com; austin.padgett@troutman.com; kristina.woodruff@troutman.com; jennifer.hennelly@troutman.com

The applicants proposed correspondence information: Julia M. Bishop. Julia M. Bishop of TROUTMAN SANDERS LLP, is located at

      600 PEACHTREE STREET, NE, SUITE 3000
      ATLANTA, Georgia 30308
      United States
The docket/reference number is 201015.0231.

The phone number is 4048853155.

The fax number is 4048853900.

The email address is trademarks@troutmansanders.com; austin.padgett@troutman.com; kristina.woodruff@troutman.com; jennifer.hennelly@troutman.com

SIGNATURE(S)
Response Signature
Signature: /Austin Padgett/     Date: 12/27/2019
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 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:    JULIA M. BISHOP
   TROUTMAN SANDERS LLP
   
   600 PEACHTREE STREET, NE, SUITE 3000
   ATLANTA, Georgia 30308
Mailing Address:    Julia M. Bishop
   TROUTMAN SANDERS LLP
   600 PEACHTREE STREET, NE, SUITE 3000
   ATLANTA, Georgia 30308
        
Serial Number: 88103181
Internet Transmission Date: Fri Dec 27 07:38:34 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201912270738342031
88-88103181-700bd9ab5c08b438acd929848ad4
c2fe53cbfb95a6f6ab1e6ea1ca6a52ce389edda-
N/A-N/A-20191227073142869221