Response to Office Action

JET CITY GROCERY

Walmart Apollo, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88105049
LAW OFFICE ASSIGNED LAW OFFICE 124
MARK SECTION
MARK http://uspto.report/TM/88105049/mark.png
LITERAL ELEMENT JET CITY GROCERY
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; promoting the sale of grocery goods and services through customer loyalty and incentive programs for retail customers; providing customer support services for electronic commerce sales transactions; third party order fulfillment services
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; promoting the sale of grocery goods and services through customer loyalty and incentive programs for retail customers; providing customer loyalty services and incentive programs for retail grocery customers for the purpose of promoting and rewarding loyalty; providing customer support services for electronic commerce sales transactions; providing customer support services, namely, responding to customers inquiries for others regarding electronic commerce sales transactions; third party order fulfillment services
FINAL DESCRIPTION
Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; providing customer loyalty services and incentive programs for retail grocery customers for the purpose of promoting and rewarding loyalty; providing customer support services, namely, responding to customers inquiries for others regarding electronic commerce sales transactions; third party order fulfillment services
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use GROCERY apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /dj/
SIGNATORY'S NAME Diane Johnsson
SIGNATORY'S POSITION Attorney of Record, California Bar Member
DATE SIGNED 06/04/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jun 04 21:34:06 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XXX
-20190604213406648910-881
05049-620365a9d82858f3fe7
cbd5f1c7ea932be03c3ca148c
e1e38e6acdba687a711721-N/
A-N/A-2019060418135551527
1



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. 88105049 JET CITY GROCERY(Standard Characters, see http://uspto.report/TM/88105049/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 Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; promoting the sale of grocery goods and services through customer loyalty and incentive programs for retail customers; providing customer support services for electronic commerce sales transactions; third party order fulfillment 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: Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; promoting the sale of grocery goods and services through customer loyalty and incentive programs for retail customers; providing customer loyalty services and incentive programs for retail grocery customers for the purpose of promoting and rewarding loyalty; providing customer support services for electronic commerce sales transactions; providing customer support services, namely, responding to customers inquiries for others regarding electronic commerce sales transactions; third party order fulfillment servicesClass 035 for Online retail store services featuring a wide variety of consumer goods; Online retail store services featuring a wide variety of consumer goods of others; Online retail grocery stores; Online retail pharmacy services; online advertising, marketing and promotion services; providing consumer product information via the Internet or other communications networks; providing customer loyalty services and incentive programs for retail grocery customers for the purpose of promoting and rewarding loyalty; providing customer support services, namely, responding to customers inquiries for others regarding electronic commerce sales transactions; third party order fulfillment 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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use GROCERY apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /dj/     Date: 06/04/2019
Signatory's Name: Diane Johnsson
Signatory's Position: Attorney of Record, California Bar Member

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.

        
Serial Number: 88105049
Internet Transmission Date: Tue Jun 04 21:34:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190604213406
648910-88105049-620365a9d82858f3fe7cbd5f
1c7ea932be03c3ca148ce1e38e6acdba687a7117
21-N/A-N/A-20190604181355515271



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