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. 88242118 THE KIND(Standard Characters, see http://uspto.report/TM/88242118/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 dated March 25, 2019 addressing potential citations of prior-filed applications has been attached.
Original PDF file:
evi_383222214-20190918114615338473_._Response_to_Office_Action_THE_KIND_App_No_88242118.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 035 for economic development and business consulting services
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: economic development and business consulting services; Economic development services, namely providing economic opportunities to individuals in disenfranchised communitiesClass 035 for Economic development services, namely providing economic opportunities to individuals in disenfranchised communities
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: Natasha Reed. Natasha Reed of FOLEY HOAG LLP, is located at

      1301 Avenue of the Americas
      New York, New York 10019
      US
The docket/reference number is 35418.00003.

The phone number is 646-927-5531.

The fax number is 646-927-5599.

The email address is ustrademark@foleyhoag.com

The applicants proposed attorney information: Natasha Reed. Other appointed attorneys are Julia Huston, Joshua Jarvis, Jenevieve Maerker, Nicole Kinsley. Natasha Reed of FOLEY HOAG 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

      1301 Avenue of the Americas, 25th Floor
      New York, New York 10019
      United States
The docket/reference number is 35418.00003.

The phone number is 646-927-5531.

The fax number is 646-927-5599.

The email address is ustrademark@foleyhoag.com

Natasha Reed 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: NATASHA REED. NATASHA REED of FOLEY HOAG LLP, is located at

      1301 Avenue of the Americas
      New York, New York 10019
      US
The docket/reference number is 35418.00003.

The phone number is 646-927-5531.

The fax number is 646-927-5599.

The email address is ustrademark@foleyhoag.com

The applicants proposed correspondence information: Natasha Reed. Natasha Reed of FOLEY HOAG LLP, is located at

      1301 Avenue of the Americas, 25th Floor
      New York, New York 10019
      United States
The docket/reference number is 35418.00003.

The phone number is 646-927-5531.

The fax number is 646-927-5599.

The email address is ustrademark@foleyhoag.com

SIGNATURE(S)
Response Signature
Signature: /Natasha Reed/     Date: 09/18/2019
Signatory's Name: Natasha Reed
Signatory's Position: Attorney of Record, NY Bar Member

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:    NATASHA REED
   FOLEY HOAG LLP
   
   1301 Avenue of the Americas
   New York, New York 10019
Mailing Address:    Natasha Reed
   FOLEY HOAG LLP
   1301 Avenue of the Americas, 25th Floor
   New York, New York 10019
        
Serial Number: 88242118
Internet Transmission Date: Wed Sep 18 20:15:40 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20190918201540037
951-88242118-610b9f9b5daf342f2e85d1c915a
c92339d975f1788ad85575a8136a94b22d7878d-
N/A-N/A-20190918114615338473