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. 88169866 THL (Stylized and/or with Design, see http://uspto.report/TM/88169866/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: THL (Stylized and/or with Design, see http://uspto.report/TM/88169866/mark.png)
Proposed: THL (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of the letters THL adjacent to a semicircle comprised of a circle at each one end of the semicircle.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Transportation, travel and tourism services, including arranging of transport and travel, arranging of package holidays; reservation of transport, travel, tours and tourist activities; provision of transport by land, sea or air, escorting of passengers and travellers, arranging of tours, cruises, pleasure flights and excursions for tourists and travellers; vehicle rental, lease and hire including car, coach, motorhome or caravan rental lease or hire; peer-to-peer motorhome rental services; provision of package holidays including ski holidays, coach holidays and self drive holidays; travel guide services; operation of tourist and travel offices and agencies; provision of information relating to travel, transport and tourist services; transport of goods; packaging and storage of goods; booking agency services for travel, travel reservation services; provision of all the aforesaid services online, via an intranet, the Internet or by other electronic means
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ New Zealand application number 1104897 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Transportation, travel and tourism services, including arranging of transport and travel, arranging of package holidays; Transportation, travel, and tourism services, namely, arranging of transport for travellers, organization of travel, and arranging of package holidays in the nature of coordinating travel arrangements for individuals and for groups, transport of travellers, providing transport for sightseeing tours; reservation of transport, travel, tours and tourist activities; transport reservation; provision of transport by land, sea or air, escorting of passengers and travellers, arranging of tours, cruises, pleasure flights and excursions for tourists and travellers; reservation of travel, namely, making reservations and bookings for transportation, booking of travel tickets; vehicle rental, lease and hire including car, coach, motorhome or caravan rental lease or hire; reservation of tours, namely, arranging and booking of transportation for travel tours; peer-to-peer motorhome rental services; reservation of tourist activities, namely, making reservations and bookings for transportation for tourists; provision of package holidays including ski holidays, coach holidays and self drive holidays; providing transport of passengers by land, sea, and air; escorting of passengers and travellers; operation of tourist and travel offices and agencies; arranging of transportation for travel tours and excursions for tourists and travellers; provision of information relating to travel, transport and tourist services; arranging of cruises and pleasure car, coach, motorhome and caravan transport for tourists and travellers; vehicle rental; packaging and storage of goods; leasing of cars, coaches, and motorhomes; booking agency services for travel, travel reservation services; hired car, coach, and motorhome transport; provision of all the aforesaid services online, via an intranet, the Internet or by other electronic means; rental and leasing of recreational vehicles in the nature of caravans; hired recreational vehicle transport, namely, hired caravan transport; peer-to-peer rental of motorhomes; provision of package holidays in the nature of ski holidays, coach holidays and self drive holidays, namely, organizing of travel, arranging of transport for others, coordinating travel arrangements for individuals or groups, booking of tickets for travel; travel guide services; operation of tourist and travel offices and agencies, namely, organizing of travel, arranging of transport for others, coordinating travel arrangements for individuals or groups; provision of information relating to travel and transport; transport of goods; packaging of goods for transportation; storage of goods; booking agency services for travel, namely, travel booking agencies, making reservations and bookings for transportation; travel reservation services, namely, transport reservation, travel ticket reservation service, rental car, coach, motorhome and caravan reservation, making reservations and bookings for transportation for tourists; provision of all the aforesaid services online, via an intranet, the Internet or by other electronic means.Class 039 for Transportation, travel, and tourism services, namely, arranging of transport for travellers, organization of travel, and arranging of package holidays in the nature of coordinating travel arrangements for individuals and for groups, transport of travellers, providing transport for sightseeing tours; transport reservation; reservation of travel, namely, making reservations and bookings for transportation, booking of travel tickets; reservation of tours, namely, arranging and booking of transportation for travel tours; reservation of tourist activities, namely, making reservations and bookings for transportation for tourists; providing transport of passengers by land, sea, and air; escorting of passengers and travellers; arranging of transportation for travel tours and excursions for tourists and travellers; arranging of cruises and pleasure car, coach, motorhome and caravan transport for tourists and travellers; vehicle rental; leasing of cars, coaches, and motorhomes; hired car, coach, and motorhome transport; rental and leasing of recreational vehicles in the nature of caravans; hired recreational vehicle transport, namely, hired caravan transport; peer-to-peer rental of motorhomes; provision of package holidays in the nature of ski holidays, coach holidays and self drive holidays, namely, organizing of travel, arranging of transport for others, coordinating travel arrangements for individuals or groups, booking of tickets for travel; travel guide services; operation of tourist and travel offices and agencies, namely, organizing of travel, arranging of transport for others, coordinating travel arrangements for individuals or groups; provision of information relating to travel and transport; transport of goods; packaging of goods for transportation; storage of goods; booking agency services for travel, namely, travel booking agencies, making reservations and bookings for transportation; travel reservation services, namely, transport reservation, travel ticket reservation service, rental car, coach, motorhome and caravan reservation, making reservations and bookings for transportation for tourists; provision of all the aforesaid services online, via an intranet, the Internet or by other electronic means.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ New Zealand application number 1104897 filed 10/15/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ New Zealand registration number 1104897 registered 10/15/2018 with a renewal date of __________ and an expiration date of 10/15/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-64124123162-135119312_._THL_Design_NZ_Reg.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The applicant's current attorney information: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is located at

      920 Fifth Avenue, Suite 3300
      SEATTLE, Washington 98104-1610
      US
The docket/reference number is 91257-13.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com

The applicants proposed attorney information: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104-1610
      United States
The docket/reference number is 91257-13.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com

Cindy L. Caditz submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: CINDY L. CADITZ. CINDY L. CADITZ of DAVIS WRIGHT TREMAINE LLP, is located at

      920 Fifth Avenue, Suite 3300
      SEATTLE, Washington 98104-1610
      US
The docket/reference number is 91257-13.

The phone number is 206-757-8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com; cindycaditz@dwt.com; michaelamalone@dwt.com; emilyeskew@dwt.com

The applicants proposed correspondence information: Cindy L. Caditz. Cindy L. Caditz of DAVIS WRIGHT TREMAINE LLP, is located at

      920 Fifth Avenue, Suite 3300
      Seattle, Washington 98104-1610
      United States
The docket/reference number is 91257-13.

The phone number is 206.757.8097.

The fax number is 206.757.7097.

The email address is seatm@dwt.com; cindycaditz@dwt.com; emilyeskew@dwt.com; michaelamalone@dwt.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant requests amendment of Application Serial No. 88/169,866 seeking registration of the mark THL and Design to substitute a request for registration for all claimed services pursuant to §44(e) of the Lanham Act but requests that Applicant's request for registration based on Applicant's intention to use the mark in the future pursuant to §1(b) of the Lanham Act be deleted only if the examining attorney accepts the §44(e) basis. Because the New Zealand registration does not include a claim of color Applicant also requests that the mark be amended to delete any claim to color as a feature of the mark.


SIGNATURE(S)
Declaration Signature

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.

Signature: /Cindy Caditz/      Date: 08/07/2019
Signatory's Name: Cindy L. Caditz
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 206.757.8097


Response Signature
Signature: /Cindy Caditz/     Date: 08/07/2019
Signatory's Name: Cindy L. Caditz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 206.757.8097

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:    CINDY L. CADITZ
   DAVIS WRIGHT TREMAINE LLP
   
   920 Fifth Avenue, Suite 3300
   SEATTLE, Washington 98104-1610
Mailing Address:    Cindy L. Caditz
   DAVIS WRIGHT TREMAINE LLP
   920 Fifth Avenue, Suite 3300
   Seattle, Washington 98104-1610
        
Serial Number: 88169866
Internet Transmission Date: Wed Aug 07 14:04:28 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908071404286
03778-88169866-610444cb2f4688d786f373949
31992e48875b386628e9c9df60deccc7252983d7
-N/A-N/A-20190807135119312739