Response to Office Action

TRIG

STUDIO HAGLER, 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 88200507
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://uspto.report/TM/88200507/mark.png
LITERAL ELEMENT TRIG
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)
The TM office seems to confuse the Applicant's goods and services with the Registrant's.  Applicant began attempting to prepare a response, however, the uncertainty due to the mix up in Applicant's g/s and Registrant's makes responding to this matter untenable.

According to the Office Action:

Applicant’s mark is “TRIG” for “Advertising”.

Registrant’s mark is “TRIG YOUR DATA” for “Marketing and Brand selection services”, in Class 35; and “Drafting; Graphic design services; Industrial design; Innovation consulting services, namely, advising others in the areas of product development; Packaging design; Product development and engineering services for others”, in Class 42.  

However, this description is opposite of what has actually occurred.  Applicant has applied in the g/s of Marketing and Brand selection services”, in Class 35; and “Drafting; Graphic design services; Industrial design; Innovation consulting services, namely, advising others in the areas of product development; Packaging design; Product development and engineering services for others”, in Class 42.


Applicant believes that this inadvertent error may have impacted the analysis by the USPTO.  For example, Applicant submits that "advertising; business management; business administration" is for  related goods and services to Applicant's industrial design and related services. 

GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION Marketing and Brand selection services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/01/2012
        FIRST USE IN COMMERCE DATE At least as early as 04/01/2012
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Marketing and Brand selection services; Marketing and Brand selection services, namely, brand concept and brand development services for corporate and individual clients engaged in new product development.
FINAL DESCRIPTION
Marketing and Brand selection services, namely, brand concept and brand development services for corporate and individual clients engaged in new product development.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/01/2012
       FIRST USE IN COMMERCE DATE At least as early as 04/01/2012
GOODS AND/OR SERVICES SECTION (042)(no change)
ATTORNEY SECTION (current)
NAME Justin R. Nifong
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME NK PATENT LAW
INTERNAL ADDRESS SUITE 275
STREET 4917 WATERS EDGE DRIVE
CITY RALEIGH
STATE North Carolina
POSTAL CODE 27606
COUNTRY US
PHONE 919-348-2194 x101
FAX 9198828125
EMAIL docket@nkpatentlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 983/2 TM
ATTORNEY SECTION (proposed)
NAME Justin R. Nifong
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME NK PATENT LAW
INTERNAL ADDRESS SUITE 275
STREET 4917 WATERS EDGE DRIVE
CITY RALEIGH
STATE North Carolina
POSTAL CODE 27606
COUNTRY United States
PHONE 919-348-2194 x101
FAX 9198828125
EMAIL docket@nkpatentlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 983/2 TM
CORRESPONDENCE SECTION (current)
NAME JUSTIN R. NIFONG
FIRM NAME NK PATENT LAW
INTERNAL ADDRESS SUITE 275
STREET 4917 WATERS EDGE DRIVE
CITY RALEIGH
STATE North Carolina
POSTAL CODE 27606
COUNTRY US
PHONE 919-348-2194 x101
FAX 9198828125
EMAIL docket@nkpatentlaw.com; jrnifong@nkpatentlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 983/2 TM
CORRESPONDENCE SECTION (proposed)
NAME Justin R. Nifong
FIRM NAME NK PATENT LAW
INTERNAL ADDRESS SUITE 275
STREET 4917 WATERS EDGE DRIVE
CITY RALEIGH
STATE North Carolina
POSTAL CODE 27606
COUNTRY United States
PHONE 919-348-2194 x101
FAX 9198828125
EMAIL docket@nkpatentlaw.com; jrnifong@nkpatentlaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 983/2 TM
SIGNATURE SECTION
RESPONSE SIGNATURE /Justin R. Nifong/
SIGNATORY'S NAME Justin R. Nifong
SIGNATORY'S POSITION Attorney of Record, NC Bar Member
SIGNATORY'S PHONE NUMBER 9193482194
DATE SIGNED 08/26/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Aug 26 08:00:14 EDT 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190826080014632654-88200
507-610eda22166f6dfdb2092
db68863a5a664473c4ba5bdeb
c96df0d83d5cf1bf2d-N/A-N/
A-20190826075104703694



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. 88200507 TRIG(Standard Characters, see http://uspto.report/TM/88200507/mark.png) has been amended as follows:

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

The TM office seems to confuse the Applicant's goods and services with the Registrant's.  Applicant began attempting to prepare a response, however, the uncertainty due to the mix up in Applicant's g/s and Registrant's makes responding to this matter untenable.

According to the Office Action:

Applicant’s mark is “TRIG” for “Advertising”.

Registrant’s mark is “TRIG YOUR DATA” for “Marketing and Brand selection services”, in Class 35; and “Drafting; Graphic design services; Industrial design; Innovation consulting services, namely, advising others in the areas of product development; Packaging design; Product development and engineering services for others”, in Class 42.  

However, this description is opposite of what has actually occurred.  Applicant has applied in the g/s of Marketing and Brand selection services”, in Class 35; and “Drafting; Graphic design services; Industrial design; Innovation consulting services, namely, advising others in the areas of product development; Packaging design; Product development and engineering services for others”, in Class 42.


Applicant believes that this inadvertent error may have impacted the analysis by the USPTO.  For example, Applicant submits that "advertising; business management; business administration" is for  related goods and services to Applicant's industrial design and related services. 



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Marketing and Brand selection services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2012 and first used in commerce at least as early as 04/01/2012 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Marketing and Brand selection services; Marketing and Brand selection services, namely, brand concept and brand development services for corporate and individual clients engaged in new product development.Class 035 for Marketing and Brand selection services, namely, brand concept and brand development services for corporate and individual clients engaged in new product development.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/01/2012 and first used in commerce at least as early as 04/01/2012 , and is now in use in such commerce.
The applicant's current attorney information: Justin R. Nifong. Justin R. Nifong of NK PATENT LAW, is located at

      SUITE 275
      4917 WATERS EDGE DRIVE
      RALEIGH, North Carolina 27606
      US
The docket/reference number is 983/2 TM.

The phone number is 919-348-2194 x101.

The fax number is 9198828125.

The email address is docket@nkpatentlaw.com

The applicants proposed attorney information: Justin R. Nifong. Justin R. Nifong of NK PATENT LAW, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 275
      4917 WATERS EDGE DRIVE
      RALEIGH, North Carolina 27606
      United States
The docket/reference number is 983/2 TM.

The phone number is 919-348-2194 x101.

The fax number is 9198828125.

The email address is docket@nkpatentlaw.com

Justin R. Nifong submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: JUSTIN R. NIFONG. JUSTIN R. NIFONG of NK PATENT LAW, is located at

      SUITE 275
      4917 WATERS EDGE DRIVE
      RALEIGH, North Carolina 27606
      US
The docket/reference number is 983/2 TM.

The phone number is 919-348-2194 x101.

The fax number is 9198828125.

The email address is docket@nkpatentlaw.com; jrnifong@nkpatentlaw.com

The applicants proposed correspondence information: Justin R. Nifong. Justin R. Nifong of NK PATENT LAW, is located at

      SUITE 275
      4917 WATERS EDGE DRIVE
      RALEIGH, North Carolina 27606
      United States
The docket/reference number is 983/2 TM.

The phone number is 919-348-2194 x101.

The fax number is 9198828125.

The email address is docket@nkpatentlaw.com; jrnifong@nkpatentlaw.com

SIGNATURE(S)
Response Signature
Signature: /Justin R. Nifong/     Date: 08/26/2019
Signatory's Name: Justin R. Nifong
Signatory's Position: Attorney of Record, NC Bar Member

Signatory's Phone Number: 9193482194

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:    JUSTIN R. NIFONG
   NK PATENT LAW
   SUITE 275
   4917 WATERS EDGE DRIVE
   RALEIGH, North Carolina 27606
Mailing Address:    Justin R. Nifong
   NK PATENT LAW
   SUITE 275
   4917 WATERS EDGE DRIVE
   RALEIGH, North Carolina 27606
        
Serial Number: 88200507
Internet Transmission Date: Mon Aug 26 08:00:14 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019082608001463
2654-88200507-610eda22166f6dfdb2092db688
63a5a664473c4ba5bdebc96df0d83d5cf1bf2d-N
/A-N/A-20190826075104703694



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