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. 88247374 RELEVANT OCTOGENARIANS(Standard Characters, see http://uspto.report/TM/88247374/mark.png) has been amended as follows:

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



CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, providing classes, seminars and workshops in the field of community involvement and professional development; entertainment services, namely, the provision of audio and video programs featuring commentary relating to community involvement and professional development delivered by television, radio, the Internet, or live
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: Educational services, namely, providing classes, seminars and workshops in the field of community involvement and professional development; entertainment services, namely, the provision of audio and video programs featuring commentary relating to community involvement and professional development delivered by television, radio, the Internet, or live; entertainment services, namely, the provision of individual and continuing audio and video programs featuring commentary relating to community involvement and professional development delivered by television, radio, the Internet, or liveClass 041 for Educational services, namely, providing classes, seminars and workshops in the field of community involvement and professional development; entertainment services, namely, the provision of individual and continuing audio and video programs featuring commentary relating to community involvement and professional development delivered by television, radio, the Internet, or live
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: Scott Locke. Scott Locke of DORF & NELSON LLP, is located at

      INTERNATIONAL CORPORATE CENTER
      555 THEODORE FREMD AVE.
      RYE, New York 10580
      US
The docket/reference number is Kaplan 06US1.

The phone number is 914-381-7600.

The fax number is 914-381-7608.

The email address is slocke@dorflaw.com

The applicants proposed attorney information: Scott Locke. Scott Locke of DORF & NELSON LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      INTERNATIONAL CORPORATE CENTER
      555 THEODORE FREMD AVE.
      RYE, New York 10580
      United States
The docket/reference number is Kaplan 06US1.

The phone number is 914-381-7600.

The fax number is 914-381-7608.

The email address is slocke@dorflaw.com

Scott Locke 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: SCOTT LOCKE. SCOTT LOCKE of DORF & NELSON LLP, is located at

      INTERNATIONAL CORPORATE CENTER
      555 THEODORE FREMD AVE.
      RYE, New York 10580
      US
The docket/reference number is Kaplan 06US1.

The phone number is 914-381-7600.

The fax number is 914-381-7608.

The email address is slocke@dorflaw.com; tlebrun@dorflaw.com

The applicants proposed correspondence information: Scott Locke. Scott Locke of DORF & NELSON LLP, is located at

      INTERNATIONAL CORPORATE CENTER
      555 THEODORE FREMD AVE.
      RYE, New York 10580
      United States
The docket/reference number is Kaplan 06US1.

The phone number is 914-381-7600.

The fax number is 914-381-7608.

The email address is slocke@dorflaw.com; tlebrun@dorflaw.com

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


SIGNATURE(S)
Response Signature
Signature: /Scott D. Locke/     Date: 09/18/2019
Signatory's Name: Scott D. Locke
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: (914) 381-7600

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:    SCOTT LOCKE
   DORF & NELSON LLP
   INTERNATIONAL CORPORATE CENTER
   555 THEODORE FREMD AVE.
   RYE, New York 10580
Mailing Address:    Scott Locke
   DORF & NELSON LLP
   INTERNATIONAL CORPORATE CENTER
   555 THEODORE FREMD AVE.
   RYE, New York 10580
        
Serial Number: 88247374
Internet Transmission Date: Wed Sep 18 10:23:04 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190918102304
388277-88247374-6108c6e1fa6788fe4114e296
8a68db3c70edf324d54430f8e6596a2bf5c69777
b-N/A-N/A-20190918100433919200