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. 88129202 HEMMINGS GUIDE(Standard Characters, see http://uspto.report/TM/88129202/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument as well as exhibit containing scanned photographs of the "Hemmings" service station. has been attached.
Original PDF file:
evi_69212710-20190521112716620970_._HEMMINGS_GUIDE_-_OAR_.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_69212710-20190521112716620970_._Hemmings_Exhibit.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for publications featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4's and real estate
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: publications featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4's and real estate; Publications, namely, printed magazines featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks and real estate.Class 016 for Publications, namely, printed magazines featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks and real estate.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for providing information in the fiedl of motor vehicles cars, motorcycles, aviation, marine vessels, trucks, 4x4's, real estate, classic and anqique cars, automotive parts and accessories, automotive events and auctions via digital 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.

Proposed:
Tracked Text Description: providing information in the fiedl of motor vehicles cars, motorcycles, aviation, marine vessels, trucks, 4x4's, real estate, classic and anqique cars, automotive parts and accessories, automotive events and auctions via digital networks; Providing information in the fields of motor vehicle cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks, classic and antique cars, automotive parts and accessories, automotive events in the nature of automobile races, automobile auctions, automobile exhibits and trade shows via digital networks; publications, namely, online magazines featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks and real estate.Class 041 for Providing information in the fields of motor vehicle cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks, classic and antique cars, automotive parts and accessories, automotive events in the nature of automobile races, automobile auctions, automobile exhibits and trade shows via digital networks; publications, namely, online magazines featuring information about cars, motorcycles, aviation, marine vessels, trucks, 4x4 trucks and real estate.
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 GUIDE apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Natasa Colovic/     Date: 05/21/2019
Signatory's Name: Natasa Colovic
Signatory's Position: Associate Attorney, Advance, NY Bar Member,

Signatory's Phone Number: 2122868310

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: 88129202
Internet Transmission Date: Tue May 21 13:30:54 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XXX.XX-201905211330545536
14-88129202-620ba2929d3157212d724cc57b8c
7dc0c52b0dd8150bbe54276fe5f20f3bd17f1-N/
A-N/A-20190521112716620970