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.
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.
88160427 DARE (Stylized and/or with Design, see http://uspto.report/TM/88160427/mark.png) has been amended as follows:
MARK
Applicant proposes to amend the mark as follows:
Current: DARE (Stylized and/or with Design, see http://uspto.report/TM/88160427/mark.png)
Proposed: DARE (Stylized and/or with Design, see
mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of of an incomplete circle and the word DARE in the middle.
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 Arguments attached as a PDF; Exhibit A ( 1 and 2): TESS listing of DARE TM; Exhibit B(1 and 2): TESS records for DARE registrations; Exhibit C: Specimen of Use submitted to
the USPTO as shown in application record for US Registration No.4052848. Exhibit D: Picture of cited mark used on website www.davison.com has been attached.
Original PDF file:
evi_50771969-20190614131204427817_._00830313.PDF
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_50771969-20190614131204427817_._00827836.PDF
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_50771969-20190614131204427817_._00827837.PDF
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Original PDF file:
evi_50771969-20190614131204427817_._00827812.PDF
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_50771969-20190614131204427817_._00827814.PDF
Converted PDF file(s) ( 16 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Original PDF file:
evi_1-50771969-20190614131204427817_._00827808.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_2-50771969-20190614131204427817_._00827809.PDF
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Engineering; industrial engineering; new product design services; design and testing for new product development; engineering design services; product development and
engineering services for others; consulting in the field of engineering
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: Engineering;
industrial engineering;
new product design services;
engineering design services;
design and testing for new product development;
engineering services for
others;
consulting in the field of engineering;
product development and engineering services for othersClass 042 for
Engineering; industrial engineering; engineering design services; engineering services for others; consulting in the field of engineering
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.
CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
MOLLY B. MARKLEY
YOUNG BASILE HANLON & MACFARLANE P.C.
3001 W. BIG BEAVER ROAD
SUITE 624
TROY
Michigan
US
48084
Proposed:
Lin Xiao of YOUNG BASILE HANLON & MACFARLANE P.C., having an address of
SUITE 624 3001 W. BIG BEAVER ROAD TROY, Michigan 48084
United States
docketing@youngbasile.com;markley@youngbasile.com
248-649-3333
248-649-3338
The docket/reference number is FZBT-109-TM .
SIGNATURE(S)
Response Signature
Signature: /Molly B. Markley/ Date: 06/18/2019
Signatory's Name: Molly B. Markley
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 2486493333
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: Lin Xiao
YOUNG BASILE HANLON & MACFARLANE P.C.
SUITE 624
3001 W. BIG BEAVER ROAD
TROY, Michigan 48084
Serial Number: 88160427
Internet Transmission Date: Tue Jun 18 13:18:51 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201906181318512693
31-88160427-6207d3cca73323983c578c4aabd6
940771947c4ac25fd329ff5d8edf75c286-N/A-N
/A-20190618131607989802
