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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88142806 |
LAW OFFICE ASSIGNED | LAW OFFICE 103 |
MARK SECTION | |
MARK | http://uspto.report/TM/88142806/mark.png |
LITERAL ELEMENT | CLASS |
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. |
ARGUMENT(S) | |
Applicant's specimen of record was rejected as being a process or system. Applicant disagrees and includes the attached substitute specimens and further explanation. The trademark CLASS is used by the Applicant to promote a part of its business consulting and real estate consulting services that allows the Applicant to work closely with a third party to develop a strategy that ultimately has the Applicant and the third party develop real estate, finance and build a hospitality facility, and then manages and operate the facility. Like any services offered to other third parties, the two entered into a business relationship (or partnership). The two (Applicant and third party) work closely together as would any joint business relationship. The specimen of record and which is attached, outlines the business consulting services and real estate consulting services offered by the Applicant to accomplish the goals of financing, building, managing, and operating the facility. The approach and services are offered under the trademark CLASS as evidenced by the attached specimen. Reconsideration is requested. | |
GOODS AND/OR SERVICES SECTION (035)(current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Providing business consulting services to colleges and universities relating to managing and operating on-campus hotels, restaurants, and other hospitality facilities, as part of a public-private partnership | |
FIRST USE ANYWHERE DATE | At least as early as 09/13/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 09/13/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Providing business consulting services to colleges and universities relating to managing and operating on-campus hotels, restaurants, and other hospitality facilities, as part of a public-private partnership | |
FIRST USE ANYWHERE DATE | At least as early as 09/13/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 09/13/2019 |
STATEMENT TYPE | "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 FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-20887237201-20191106113352021626_._CLASS_SubstituteSpecimen.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\881\428\88142806\xml19\ROA0002.JPG |
SPECIMEN DESCRIPTION | excerpts from Applicant's website |
DELETED FILING BASIS | 1(b) |
GOODS AND/OR SERVICES SECTION (040)(current) | |
INTERNATIONAL CLASS | 040 |
DESCRIPTION | |
Providing real estate consulting services to colleges and universities relating to financing and developing on-campus hotels, restaurants, and other hospitality facilities, as part of a public-private partnership | |
FIRST USE ANYWHERE DATE | At least as early as 09/13/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 09/13/2019 |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (040)(proposed) | |
INTERNATIONAL CLASS | 040 |
DESCRIPTION | |
Providing real estate consulting services to colleges and universities relating to financing and developing on-campus hotels, restaurants, and other hospitality facilities, as part of a public-private partnership | |
FIRST USE ANYWHERE DATE | At least as early as 09/13/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 09/13/2019 |
STATEMENT TYPE | "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 FILE NAME(S) | |
ORIGINAL PDF FILE | SPU1-20887237201-20191106113352021626_._CLASS_SubstituteSpecimen.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\881\428\88142806\xml19\ROA0003.JPG |
SPECIMEN DESCRIPTION | excerpts of Applicant's website |
DELETED FILING BASIS | 1(b) |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /adamksacharoff/ |
SIGNATORY'S NAME | Adam K Sacharoff |
SIGNATORY'S POSITION | Attorney of Record, IL Bar Member |
SIGNATORY'S PHONE NUMBER | 3125212775 |
DATE SIGNED | 11/06/2019 |
RESPONSE SIGNATURE | /adamksacharoff/ |
SIGNATORY'S NAME | Adam K Sacharoff |
SIGNATORY'S POSITION | Attorney of Record, IL Bar Member |
SIGNATORY'S PHONE NUMBER | 3125212775 |
DATE SIGNED | 11/06/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Nov 06 12:10:15 EST 2019 |
TEAS STAMP | USPTO/ROA-XXX.XX.XXX.XXX- 20191106121015099773-8814 2806-7004b333ad6c2e4ee4c3 f1166527415253bf3307c727d 18d5082115a081b359-N/A-N/ A-20191106113352021626 |
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) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.