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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88248104 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK |
http://uspto.report/TM/88248104/mark.png |
LITERAL ELEMENT |
ITEM |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
REMARKS
Identification of Goods
The Office Action objected to the identification of goods as indefinite. Applicant has now entered an amendment responsive to this objection.
Significance of Mark
The Office Action inquired whether the word “ITEM” has any significance in the downloadable fonts trade or industry or as applied to Applicant’s goods, or if such wording is a “term
of art” within Applicant’s industry. Applicant responds that ITEM does not have any meaning or significance in the downloadable fonts trade or industry, and that it
is not a term of art in that industry.
Since the TEAS form did not include these specific response options, Applicant has entered information in the Miscellaneous Statements field.
With the above, Applicant submits that all questions are now answered and respectfully requests that this application be passed for publication.
|
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Fonts, namely, pre-recorded electronic and digital media featuring font typefaces, typeface designs and typographical ornaments;
downloadable printing fonts |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Fonts, namely, pre-recorded electronic and digital media featuring font typefaces, typeface designs and
typographical ornaments; Fonts, namely, pre-recorded electronic software featuring font typefaces, typeface designs and typographical ornaments;
downloadable printing fonts |
FINAL DESCRIPTION |
Fonts, namely, pre-recorded electronic software featuring font typefaces, typeface designs and typographical ornaments; downloadable
printing fonts |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The word ITEM does not have any meaning or significance in the downloadable fonts trade or industry, and it is not a "term of art" in that
industry. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Nancy DiConza/ |
SIGNATORY'S NAME |
Nancy DiConza |
SIGNATORY'S POSITION |
Attorney for Applicant, New York State Bar Member |
SIGNATORY'S PHONE NUMBER |
212-813-5900 |
DATE SIGNED |
05/03/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri May 03 17:49:05 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XXX.XXX-
20190503174905026798-8824
8104-62023ed739ca431f96f7
f8f8c1753d9c8c9f7d571cb18
a62e213d3fdbc4f4944-N/A-N
/A-20190503174115048914 |
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.
88248104 ITEM(Standard Characters, see http://uspto.report/TM/88248104/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
REMARKS
Identification of Goods
The Office Action objected to the identification of goods as indefinite. Applicant has now entered an amendment responsive to this objection.
Significance of Mark
The Office Action inquired whether the word “ITEM” has any significance in the downloadable fonts trade or industry or as applied to Applicant’s goods, or if such wording is a “term
of art” within Applicant’s industry. Applicant responds that ITEM does not have any meaning or significance in the downloadable fonts trade or industry, and that it
is not a term of art in that industry.
Since the TEAS form did not include these specific response options, Applicant has entered information in the Miscellaneous Statements field.
With the above, Applicant submits that all questions are now answered and respectfully requests that this application be passed for publication.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Fonts, namely, pre-recorded electronic and digital media featuring font typefaces, typeface designs and typographical ornaments; downloadable printing fonts
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: Fonts, namely, pre-recorded electronic and digital media featuring font typefaces, typeface designs and typographical ornaments;
Fonts, namely, pre-recorded electronic software featuring font typefaces, typeface designs and typographical ornaments;
downloadable printing
fontsClass 009 for Fonts, namely, pre-recorded electronic software featuring font typefaces, typeface designs and typographical ornaments; downloadable printing fonts
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
Miscellaneous Statement
The word ITEM does not have any meaning or significance in the downloadable fonts trade or industry, and it is not a "term of art" in that industry.
SIGNATURE(S)
Response Signature
Signature: /Nancy DiConza/ Date: 05/03/2019
Signatory's Name: Nancy DiConza
Signatory's Position: Attorney for Applicant, New York State Bar Member
Signatory's Phone Number: 212-813-5900
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: 88248104
Internet Transmission Date: Fri May 03 17:49:05 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201905031749050
26798-88248104-62023ed739ca431f96f7f8f8c
1753d9c8c9f7d571cb18a62e213d3fdbc4f4944-
N/A-N/A-20190503174115048914