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. 88217571 THE PROS GEAR HERE(Standard Characters, see http://uspto.report/TM/88217571/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software and application software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; downloadable software and application software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing information; Temporary use of Non-Downloadable software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing; Class 035: Price comparison services; Promoting the goods and services of others by providing a web site featuring user-submitted content in the nature of price-comparison information, product reviews, links to the retail web sites of others, and discount information; Promoting the goods and services of others by providing a web site featuring coupons, rebates, price-comparison information, product reviews, links to the retail web sites of others, and discount information; Lead generation, providing sales leads, and providing referral services in the sports equipment, sporting goods, sports memorabilia and clothing industry; Matching buyers and sellers of sports equipment, sporting goods, sports memorabilia and clothing via a global computer network; Connecting buyers and sellers of goods and services via a global computer network; Promoting the goods and services of others by providing a web site featuring price-comparison information, product reviews, vendor reviews, links to the retail web sites of others, and discount information; providing on-line directory information services featuring hyperlinks to other web sites regarding the business and services of others Class 041: Temporary use of Non-Downloadable software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; Temporary use of Non-Downloadable software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; Temporary use of Non-Downloadable software software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing information
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: Downloadable software and application software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; downloadable software and application software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing information; Temporary use of Non-Downloadable software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing; Class 035: Price comparison services; Promoting the goods and services of others by providing a web site featuring user-submitted content in the nature of price-comparison information, product reviews, links to the retail web sites of others, and discount information; Promoting the goods and services of others by providing a web site featuring coupons, rebates, price-comparison information, product reviews, links to the retail web sites of others, and discount information; Lead generation, providing sales leads, and providing referral services in the sports equipment, sporting goods, sports memorabilia and clothing industry; Matching buyers and sellers of sports equipment, sporting goods, sports memorabilia and clothing via a global computer network; Connecting buyers and sellers of goods and services via a global computer network; Promoting the goods and services of others by providing a web site featuring price-comparison information, product reviews, vendor reviews, links to the retail web sites of others, and discount information; providing on-line directory information services featuring hyperlinks to other web sites regarding the business and services of others Class 041: Temporary use of Non-Downloadable software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; Temporary use of Non-Downloadable software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; Temporary use of Non-Downloadable software software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing informationClass 009 for Downloadable software and application software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; downloadable software and application software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; downloadable software and application software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing information; Temporary use of Non-Downloadable software for the provision of online price comparisons of sports equipment, sporting goods, sports memorabilia and clothing
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Price comparison services; Promoting the goods and services of others by providing a web site featuring user-submitted content in the nature of price-comparison information, product reviews, links to the retail web sites of others, and discount information; Promoting the goods and services of others by providing a web site featuring coupons, rebates, price-comparison information, product reviews, links to the retail web sites of others, and discount information; Lead generation, providing sales leads, and providing referral services in the sports equipment, sporting goods, sports memorabilia and clothing industry; Matching buyers and sellers of sports equipment, sporting goods, sports memorabilia and clothing via a global computer network; Connecting buyers and sellers of goods and services via a global computer network; Promoting the goods and services of others by providing a web site featuring price-comparison information, product reviews, vendor reviews, links to the retail web sites of others, and discount information; providing on-line directory information services featuring hyperlinks to other web sites regarding the business and services of others; Temporary use of Non-Downloadable software for the provision of referral services related sports equipment, sporting goods, sports memorabilia and clothing; Temporary use of Non-Downloadable software for the provision of a searchable directory of sports equipment, sporting goods, sports memorabilia and clothing information for obtaining data and information from others via the internet; Temporary use of Non-Downloadable software software for searching, compiling, indexing and organizing sports equipment, sporting goods, sports memorabilia and clothing information
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: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      US

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

The applicants proposed attorney information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      United States

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

RICHARD L MORRIS JR ESQ 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: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      US

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

The applicants proposed correspondence information: RICHARD L MORRIS JR ESQ. RICHARD L MORRIS JR ESQ of TRADEMARKRENEWALS.COM, is located at

      C/O 1-800-4-TRADEMARK
      P.O. BOX 398538
      MIAMI BEACH, Florida 33239
      United States

The phone number is 305-673-6686.

The fax number is 3056736872.

The email address is richard@4trademark.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /RMORRIS/      Date: 01/30/2020
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD
Signatory's Phone Number: 3056736686


Response Signature
Signature: /RMORRIS/     Date: 01/30/2020
Signatory's Name: RICHARD L MORRIS JR ESQ
Signatory's Position: ATTORNEY OF RECORD

Signatory's Phone Number: 3056736686

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:    RICHARD L MORRIS JR ESQ
   TRADEMARKRENEWALS.COM
   C/O 1-800-4-TRADEMARK
   P.O. BOX 398538
   MIAMI BEACH, Florida 33239
Mailing Address:    RICHARD L MORRIS JR ESQ
   TRADEMARKRENEWALS.COM
   C/O 1-800-4-TRADEMARK
   P.O. BOX 398538
   MIAMI BEACH, Florida 33239
        
RAM Sale Number: 88217571
RAM Accounting Date: 01/30/2020
        
Serial Number: 88217571
Internet Transmission Date: Thu Jan 30 10:34:12 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020013010341261
6816-88217571-700bb77a58fd31dea4aeae3984
39fb6265e10cae7fc1b788f1af543c3e69727b3-
CC-34103570-20200130102958743765