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)

---

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. 88245108 LU (Stylized and/or with Design, see http://uspto.report/TM/88245108/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 Business and Advertising
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2013 and first used in commerce at least as early as 03/31/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business and Advertising; Business Services, namely education in business and business principles at the university level; Advertising Services, namely education in marketing and advertising at the university level.Class 035 for Business Services, namely education in business and business principles at the university level; Advertising Services, namely education in marketing and advertising at the university level.
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 03/31/2013 and first used in commerce at least as early as 03/31/2013 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of The LU logo on the bottom of the main Liberty University School of Business webpage. The LU logo on the botton of the Liberty University School of Business where it is advertising: "BS in Business Administration: Digital Marketing and /advertising." .
"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]. Specimen File1
Specimen File2

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Liberty University, a corporation of UNITED STATES, having an address of
      1971 University Boulevard
      Lynchburg, Virginia 24515
      United States

Proposed: Liberty University, a corporation of Virginia, having an address of
      1971 University Boulevard
      Lynchburg, Virginia 24515
      United States

The applicant's current attorney information: John Midlen. John Midlen of MIDLEN LAW CENTER, is located at

      41890 CRANBERRY LANE
      LEESBURG, Virginia 20176
      US

The phone number is 240-271-8027.

The email address is john@midlen.com

The applicants proposed attorney information: John Midlen. John Midlen of MIDLEN LAW CENTER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      41890 CRANBERRY LANE
      LEESBURG, Virginia 20176
      United States

The phone number is 240-271-8027.

The email address is john@midlen.com

John Midlen 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: JOHN MIDLEN. JOHN MIDLEN of MIDLEN LAW CENTER, is located at

      41890 CRANBERRY LANE
      LEESBURG, Virginia 20176
      US

The phone number is 240-271-8027.

The email address is john@midlen.com

The applicants proposed correspondence information: John Midlen. John Midlen of MIDLEN LAW CENTER, is located at

      41890 CRANBERRY LANE
      LEESBURG, Virginia 20176
      United States

The phone number is 240-271-8027.

The email address is john@midlen.com

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: /John Midlen/      Date: 09/17/2019
Signatory's Name: John Midlen
Signatory's Position: Attorney of Record
Signatory's Phone Number: 2402718027


Response Signature
Signature: /John Midlen/     Date: 09/17/2019
Signatory's Name: John Midlen
Signatory's Position: Attorney of Record

Signatory's Phone Number: 2402718027

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:    JOHN MIDLEN
   MIDLEN LAW CENTER
   
   41890 CRANBERRY LANE
   LEESBURG, Virginia 20176
Mailing Address:    John Midlen
   MIDLEN LAW CENTER
   41890 CRANBERRY LANE
   LEESBURG, Virginia 20176
        
Serial Number: 88245108
Internet Transmission Date: Tue Sep 17 18:08:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019091718081642
7828-88245108-610ff40ed37b14b25acadb90a9
6cde3b36aa6367da903ec3d8e9486af8337e43-N
/A-N/A-20190917173917726780