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. 88201852 STARSHIP(Standard Characters, see http://uspto.report/TM/88201852/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

Original PDF file:
evi_24766115-20190822223422818344_._SpaceX___OA_Response_re_STARSHIP.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Launch services, namely, launching the payloads of others into space
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: Launch services, namely, launching the payloads of others into space; Launch services, namely, launching of rockets carrying the payloads of others into spaceClass 039 for Launch services, namely, launching of rockets carrying the payloads of others into space
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.

The applicant's current attorney information: Brendan J. Hughes. Brendan J. Hughes of COOLEY LLP, is located at

      SUITE 700
      1299 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 308172-20000.

The phone number is 202-842-7800.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

The applicants proposed attorney information: Brendan J. Hughes. Other appointed attorneys are Judd Lauter. Brendan J. Hughes of COOLEY LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 700
      1299 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 308172-20000.

The phone number is 202-842-7800.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

Brendan J. Hughes 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: BRENDAN J. HUGHES. BRENDAN J. HUGHES of COOLEY LLP, is located at

      SUITE 700
      1299 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      US
The docket/reference number is 308172-20000.

The phone number is 202-842-7800.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com

The applicants proposed correspondence information: Brendan J. Hughes. Brendan J. Hughes of COOLEY LLP, is located at

      SUITE 700
      1299 PENNSYLVANIA AVENUE, NW
      WASHINGTON, District of Columbia 20004
      United States
The docket/reference number is 308172-20000.

The phone number is 202-842-7800.

The fax number is 202-842-7899.

The email address is trademarks@cooley.com; bhughes@cooley.com

SIGNATURE(S)
Response Signature
Signature: /Judd Lauter/     Date: 08/22/2019
Signatory's Name: Judd Lauter
Signatory's Position: Attorney of Record, CA Bar

Signatory's Phone Number: 6508435960

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:    BRENDAN J. HUGHES
   COOLEY LLP
   SUITE 700
   1299 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Brendan J. Hughes
   COOLEY LLP
   SUITE 700
   1299 PENNSYLVANIA AVENUE, NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 88201852
Internet Transmission Date: Thu Aug 22 22:40:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.X.XX.XXX-201908222240380678
51-88201852-61074b12e8d51974ab27d6db9ccf
2f16d93a2819effb3da5c37bf10777265bc47-N/
A-N/A-20190822223422818344