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. 88233995 DISCOVERY(Standard Characters, see http://uspto.report/TM/88233995/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
Evidence in the nature of Response to Office Action and Exhibits has been attached.
Original PDF file:
evi_6413266164-20190916162930449671_._Response_to_Office_Action__13858788_.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Furniture; tables with built-in topside storage units
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: Furniture; Tables with built-in topside storage units for educational and commercial use; tables with built-in topside storage unitsClass 020 for Tables with built-in topside storage units for educational and commercial use
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: Joseph S. Heino. Joseph S. Heino of DAVIS & KUELTHAU, S.C., is located at

      SUITE 1400
      111 E. KILBOURN AVENUE
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 84801.00005.

The email address is jheino@dkattorneys.com

The applicants proposed attorney information: Joseph S. Heino. Other appointed attorneys are Erin E. Kaprelian. Joseph S. Heino of DAVIS & KUELTHAU, S.C., 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 1400
      111 E. KILBOURN AVENUE
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 84801.00005.

The email address is jheino@dkattorneys.com

Joseph S. Heino 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: JOSEPH S. HEINO. JOSEPH S. HEINO of DAVIS & KUELTHAU, S.C., is located at

      SUITE 1400
      111 E. KILBOURN AVENUE
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 84801.00005.

The email address is jheino@dkattorneys.com; ekaprelian@dkattorneys.com

The applicants proposed correspondence information: Joseph S. Heino. Joseph S. Heino of DAVIS & KUELTHAU, S.C., is located at

      SUITE 1400
      111 E. KILBOURN AVENUE
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 84801.00005.

The email address is jheino@dkattorneys.com; ekaprelian@dkattorneys.com

SIGNATURE(S)
Response Signature
Signature: /Joseph S. Heino/     Date: 09/16/2019
Signatory's Name: Joseph S. Heino
Signatory's Position: Attorney of record

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:    JOSEPH S. HEINO
   DAVIS & KUELTHAU, S.C.
   SUITE 1400
   111 E. KILBOURN AVENUE
   MILWAUKEE, Wisconsin 53202
Mailing Address:    Joseph S. Heino
   DAVIS & KUELTHAU, S.C.
   SUITE 1400
   111 E. KILBOURN AVENUE
   MILWAUKEE, Wisconsin 53202
        
Serial Number: 88233995
Internet Transmission Date: Mon Sep 16 16:50:50 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091616505042
3298-88233995-61041292a84db54a82b366b54d
9c8cb6bcb584137bd3bb5b1cee66ca6e8226277-
N/A-N/A-20190916162930449671