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. 88242780 GMT(Standard Characters, see http://uspto.report/TM/88242780/mark.png) has been amended as follows:

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

The Examining Attorney has issued a Section 2(d) refusal to register and has advised Applicant of prior filed, potentially confusing, marks. For the Examining Attorney's information, the cited registration, Registration No. 4432827, has been surrendered, and the pending applications, Serial Nos. 88235274; 88235297 and 88235284 have been abandoned. Applicant submits that the bar to registration, and the potential bar to registration, have been lifted and thus respectfully requests publication of the subject mark upon acceptance of the Allegation of Use which Applicant is currently preparing to file.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Full service maritime travel agency specializing in air transport services for marine personnel including crew and other marine service personnel serving commercial vessels and passenger operators, and yacht owners and crew; air-sea services to cruise lines for passenger travel, namely, transportation of passengers via air, bus trains, private cars, ferries including hotel arrangements; air travel arrangements for package tour operators for their customers
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: Full service maritime travel agency specializing in air transport services for marine personnel including crew and other marine service personnel serving commercial vessels and passenger operators, and yacht owners and crew; Maritime travel agency services namely air transport services of marine personnel including crew and other marine service personnel serving commercial vessels and passenger operators, and yacht owners and crew; air-sea services to cruise lines for passenger travel, namely, transportation of passengers via air, bus trains, private cars, ferries including hotel arrangements; air-sea services to cruise lines for passenger travel, namely, transportation of passengers via air, bus trains, private cars and ferries; air travel arrangements for package tour operators for their customersClass 039 for Maritime travel agency services namely air transport services of marine personnel including crew and other marine service personnel serving commercial vessels and passenger operators, and yacht owners and crew; air-sea services to cruise lines for passenger travel, namely, transportation of passengers via air, bus trains, private cars and ferries; air travel arrangements for package tour operators for their customers
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 043 for Travel agency services, namely, arranging hotel accommodations for marine service personnel
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 01/00/2002 and first used in commerce at least as early as 01/00/2002 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 043 . The specimen(s) submitted consists of website pages and advertisements showing the mark as used in relation to the services .
"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].
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Website_1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Website_2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Website_3.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Website_4.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Advertisement_1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-7313466177-20190617135635182592_._2019-6-17_GMT_Services_Advertisment_2.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

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: /jgr123/      Date: 06/17/2019
Signatory's Name: Janet G Ricciuti
Signatory's Position: Attorney of Record - PA

Response Signature
Signature: /jgr123/     Date: 06/17/2019
Signatory's Name: Janet G Ricciuti
Signatory's Position: Attorney of Record - PA

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.

        
RAM Sale Number: 88242780
RAM Accounting Date: 06/18/2019
        
Serial Number: 88242780
Internet Transmission Date: Mon Jun 17 14:12:09 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019061714120957
6050-88242780-620203c5696c11a22cfc1ac81e
dc857bf28c9fcaaeedb1a845b765b35d4ce5cc-C
C-457-20190617135635182592