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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88208818 AMAZON(Standard Characters, see http://uspto.report/TM/88208818/mark.png) has been amended as follows:

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

Refusal Under Section 2(d)

The applicant very respectfully disagrees with the Examiner that the Refusal is proper and has no further arguments to offer except as previously provided.

Additional Specimens

As additional specimens, the applicant respectfully submits 3 pics showing signage at the business premises as currently used in commence bearing the mark AMAZON, with all three of these signs in existence and in use at the premise prior to the 11/28/2018 filing date of the application:

PIC 1 shows a sign bearing the mark AMAZON as currently used in commerce, which sign is mounted on a pole positioned in the parking lot of one location of applicant's business at which location the described services are offered, which sign bears the mark AMAZON, and which sign is in use currently and was in use prior to the 11/28/2018 filing date of the application.

PICS 2 and 3 show building signage bearing the mark AMAZON as currently used in commerce, which building is at a second location of applicant's business at which the described services are offered, which building bears the mark AMAZON, and which signage is in use currently and was in use prior to the 11/28/2018 filing date of the application.

Amended Identification of Services

The identification of Services has been amended.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Retail outlet featuring parts for motor vehicles; retail outlet featuring parts for motor vehicles, namely, the bringing together a variety of motor vehicle parts enabling consumers to conveniently view and purchase those goods
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 08/22/2005 and first used in commerce at least as early as 08/22/2005 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Retail outlet featuring parts for motor vehicles; retail outlet featuring parts for motor vehicles, namely, the bringing together a variety of motor vehicle parts enabling consumers to conveniently view and purchase those goodsClass 035 for Retail outlet featuring parts for motor vehicles
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 08/22/2005 and first used in commerce at least as early as 08/22/2005 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of PIC 1 shows a sign bearing the mark AMAZON as currently used in commerce, which sign is mounted on a pole positioned in the parking lot of one location of applicant's business at which location the described services are offered, which sign bears the mark AMAZON, and which sign is in use currently and was in use prior to the 11/28/2018 filing date of the application. PICS 2 and 3 show building signage bearing the mark AMAZON as currently used in commerce, which building is at a second location of applicant's business at which the described services are offered, which building bears the mark AMAZON, and which signage is in use currently and was in use prior to the 11/28/2018 filing date of the application..
"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 File1
Specimen File2
Specimen File3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Alexandria Investment Group Inc., a corporation of Texas, having an address of
      4619 N. Shepherd Drive
      Houston, Texas 77018
      United States

Proposed: Alexandria Investment Group Inc., a corporation of Texas, having an address of
      4619 N. Shepherd Drive
      Houston, Texas 77018
      United States
      Email Address: XXXX
Correspondence Information (current):
      J. M. (Mark) Gilbreth
      PRIMARY EMAIL FOR CORRESPONDENCE: jmark@gilbreth.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is AAS/03.
Correspondence Information (proposed):
      J. M. (Mark) Gilbreth
      PRIMARY EMAIL FOR CORRESPONDENCE: jmark@gilbreth.org
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jmark77001@gmail.com

The docket/reference number is AAS/03.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /J M GILBRETH/     Date: 11/30/2020
Signatory's Name: J M GILBRETH
Signatory's Position: Atty of Record, TX Bar Member

Signatory's Phone Number: 7135035051

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:    J. M. (Mark) Gilbreth
   GILBRETH ROEBUCK, P.C.
   P. O. BOX 2428
   P. O. BOX 2428
   BELLAIRE, Texas 77402-2428
Mailing Address:    J. M. (Mark) Gilbreth
   GILBRETH ROEBUCK, P.C.
   P. O. BOX 2428
   P. O. BOX 2428
   BELLAIRE, Texas 77402-2428
        
Serial Number: 88208818
Internet Transmission Date: Mon Nov 30 22:53:47 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2020113022534765
7710-88208818-7508b7c41f5552676b1a2c6e94
f463c39a77745487bd975eced3f3e85feca98165
c-N/A-N/A-20201130224755310700