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. 88239570 ID CARD PROS(Standard Characters, see http://uspto.report/TM/88239570/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 035 for · Online retail store services featuring various consumer products and merchandise; Online retail store services featuring various consumer products and merchandise of others; all of the foregoing excluding smart cards, smart card readers, and related technology products, encoded identity cards, computer software and computer programs, jewelry and rosaries, cufflinks and tie pins, statuettes and figurines, clocks and watches and watch straps, and trophies
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: · Online retail store services featuring various consumer products and merchandise; Online retail store services featuring printers, signs, cleaning cartridges for photocopy machines and computer printers, name badge holders, clips for name badge holders, adhesive labels, retractable reels for name badge holders, paper stock, log books, lanyards for holding badges, credit card holders, and key rings; Online retail store services featuring various consumer products and merchandise of others; all of the foregoing expressly excluding smart cards, smart card readers, and related technology products, encoded identity cards, and computer software and computer programs.; all of the foregoing excluding smart cards, smart card readers, and related technology products, encoded identity cards, computer software and computer programs, jewelry and rosaries, cufflinks and tie pins, statuettes and figurines, clocks and watches and watch straps, and trophiesClass 035 for Online retail store services featuring printers, signs, cleaning cartridges for photocopy machines and computer printers, name badge holders, clips for name badge holders, adhesive labels, retractable reels for name badge holders, paper stock, log books, lanyards for holding badges, credit card holders, and key rings; all of the foregoing expressly excluding smart cards, smart card readers, and related technology products, encoded identity cards, and computer software and computer programs.
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "ID CARD" apart from the mark as shown.


Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


Miscellaneous Statement
Regarding the exclusion to the Description of Services: Because Applicant believes the full prior exclusion language is no longer needed in light of the more specific amended description of goods/services, Applicant amended the descriptions to include the following amended exclusion language: "all of the foregoing expressly excluding smart cards, smart card readers, and related technology products, encoded identity cards, and computer software and computer programs." However, if the prior full exclusion language remains necessary for this Application to proceed, then Applicant will agree to retain the full prior exclusion language of: "all of the foregoing expressly excluding smart cards, smart card readers, and related technology products, encoded identity cards, computer software and computer programs, jewelry and rosaries, cufflinks and tie pins, statuettes and figurines, clocks and watches and watch straps, and trophies." Moreover, regarding the amendment to the Supplemental Register, Applicant is submitting by separate filing an Amendment to Allege Use with use specimens.


SIGNATURE(S)
Response Signature
Signature: /Timothy K. Kroninger/     Date: 04/28/2019
Signatory's Name: Timothy K. Kroninger
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 313-481-7320

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88239570
Internet Transmission Date: Sun Apr 28 09:45:44 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019042809454405
8873-88239570-6208b6967d29fff580f9f590b2
5b4d5ac2f1d84be883aa7f14395489585f26431-
N/A-N/A-20190428093723342224