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 |
88249572 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION |
MARK |
http://uspto.report/TM/88249572/mark.png |
LITERAL ELEMENT |
KAKUSHIN |
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. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
(Based on Use in Commerce) Audio and video recordings about business, leadership, business strategy, career development, and career
training; Audio recordings about business, leadership, business strategy, career development, and career training; Digital materials, namely, CDs, MP3 files, MP3 recordings, memory cards, computer
memory devices, external hard drives, downloadable files, and downloadable multimedia files containing videos and e-learning modules featuring business, leadership, business strategy, career
development, career training, and proprietary business methodologies; Digital media, namely, downloadable audio, video, and print files featuring business, leadership, business strategy, career
development, career training, and proprietary business methodologies; Downloadable audio files, multimedia files, text files, e-mails, written documents, audio material, video material and games
featuring information in the form of downloadable short educational/training communications in the field of human resource development for the promotion of employee retention, career growth and
increased productivity for employees and employers; Downloadable videos and video podcasts featuring business, leadership, business strategy, career development, and career training content
downloadable via the internet and wireless devices; Downloadable documents in the field of business, leadership, business strategy, career development, and career training provided via a website;
Downloadable educational course materials in the field of business, leadership, business strategy, career development, and career training; Downloadable electronic publications in the nature of
written articles in the field of business, leadership, business strategy, career development, and career training; Downloadable image files containing charts and graphs related to business,
leadership, business strategy, career development, and career training; Downloadable MP3 files and MP3 recordings featuring learning modules in the field of business, leadership, leadership
development, strategic planning, and project management; Downloadable multimedia files containing audio relating to business, leadership, business strategy, career development, and career training;
Downloadable multimedia files containing text relating to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing video relating to
business, leadership, business strategy, career development, and career training; Downloadable written articles in the field of business, leadership, business strategy, career development, and career
training; Downloadable educational software featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies; Video
recordings featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies; (Based on Intent to Use) Audio books in the
field of business, leadership, business strategy, career development, and career training; Downloadable podcasts in the fields of business, leadership, business strategy, career development, and
career training; Downloadable webcasts in the field of business, leadership, business strategy, career development, and career training; Downloadable webinars in the field of business, leadership,
business strategy, career development, and career training; E-books featuring business, leadership business strategy, career development, career training, and proprietary business methodologies,
recorded on computer media |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/07/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/07/2018 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
(Based on Use in Commerce) Audio and video recordings about business, leadership, business strategy, career
development, and career training; Audio recordings about business, leadership, business strategy, career development, and career training; Digital materials, namely, CDs, MP3 files, MP3 recordings, memory cards, computer memory devices, external hard drives, downloadable files, and downloadable multimedia files containing videos
and e-learning modules featuring business, leadership, business strategy, career development, career training, and proprietary business methodologies; Digital media,
namely, downloadable audio, video, and print files featuring business, leadership, business strategy, career development, career training, and proprietary business methodologies; Downloadable audio files, multimedia files, text files, e-mails, written documents, audio material, video material and games featuring information in the form of downloadable short
educational/training communications in the field of human resource development for the promotion of employee retention, career growth and increased productivity for employees and employers;
Downloadable videos and video podcasts featuring business, leadership, business strategy, career development, and career training content downloadable via the
internet and wireless devices; Downloadable videos featuring business, leadership, business strategy, career development, and career training content;
Downloadable documents in the field of business, leadership, business strategy, career development, and career training provided via a website; Downloadable educational course materials in the field of business, leadership, business strategy, career development, and career training; Downloadable
electronic publications in the nature of written articles in the field of business, leadership, business strategy, career development, and career training; Downloadable
image files containing charts and graphs related to business, leadership, business strategy, career development, and career training; Downloadable MP3 files and MP3
recordings featuring learning modules in the field of business, leadership, leadership development, strategic planning, and project management; Downloadable multimedia
files containing audio relating to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing text relating
to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing video relating to business, leadership,
business strategy, career development, and career training; Downloadable written articles in the field of business, leadership, business strategy, career development, and
career training; Downloadable educational software featuring instruction in business, leadership, business strategy, career development, career training, and proprietary
business methodologies; Video recordings featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business
methodologies; (Based on Intent to Use) Audio books in the field of business, leadership, business strategy, career development, and career training; Downloadable podcasts in the fields of business, leadership, business strategy, career development, and career training; Downloadable video podcasts
in the fields of business, leadership, business strategy, career development, and career training; Downloadable webcasts in the field of business, leadership, business
strategy, career development, and career training; Downloadable webinars in the field of business, leadership, business strategy, career development, and career
training; E-books featuring business, leadership business strategy, career development, career training, and proprietary business methodologies, recorded on computer
media |
FINAL DESCRIPTION |
(Based on Use in Commerce) Audio and video recordings about business, leadership, business strategy, career development, and career
training; Audio recordings about business, leadership, business strategy, career development, and career training; Digital materials, namely, CDs, MP3 files, MP3 recordings, memory cards, computer
memory devices, external hard drives, downloadable files, and downloadable multimedia files containing videos and e-learning modules featuring business, leadership, business strategy, career
development, career training, and proprietary business methodologies; Digital media, namely, downloadable audio, video, and print files featuring business, leadership, business strategy, career
development, career training, and proprietary business methodologies; Downloadable audio files, multimedia files, text files, e-mails, written documents, audio material, video material and games
featuring information in the form of downloadable short educational/training communications in the field of human resource development for the promotion of employee retention, career growth and
increased productivity for employees and employers; Downloadable videos featuring business, leadership, business strategy, career development, and career training content; Downloadable documents in
the field of business, leadership, business strategy, career development, and career training provided via a website; Downloadable educational course materials in the field of business, leadership,
business strategy, career development, and career training; Downloadable electronic publications in the nature of written articles in the field of business, leadership, business strategy, career
development, and career training; Downloadable image files containing charts and graphs related to business, leadership, business strategy, career development, and career training; Downloadable MP3
files and MP3 recordings featuring learning modules in the field of business, leadership, leadership development, strategic planning, and project management; Downloadable multimedia files containing
audio relating to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing text relating to business, leadership, business strategy,
career development, and career training; Downloadable multimedia files containing video relating to business, leadership, business strategy, career development, and career training; Downloadable
written articles in the field of business, leadership, business strategy, career development, and career training; Downloadable educational software featuring instruction in business, leadership,
business strategy, career development, career training, and proprietary business methodologies; Video recordings featuring instruction in business, leadership, business strategy, career development,
career training, and proprietary business methodologies; (Based on Intent to Use) Audio books in the field of business, leadership, business strategy, career development, and career training;
Downloadable podcasts in the fields of business, leadership, business strategy, career development, and career training; Downloadable video podcasts in the fields of business, leadership, business
strategy, career development, and career training; Downloadable webcasts in the field of business, leadership, business strategy, career development, and career training; Downloadable webinars in the
field of business, leadership, business strategy, career development, and career training; E-books featuring business, leadership business strategy, career development, career training, and
proprietary business methodologies, recorded on computer media |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 12/07/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 12/07/2018 |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/PDS/ |
SIGNATORY'S NAME |
Peter D. Scott |
SIGNATORY'S POSITION |
President |
SIGNATORY'S PHONE NUMBER |
9179413226 |
DATE SIGNED |
07/16/2019 |
RESPONSE SIGNATURE |
/Stephen D. Wilson/ |
SIGNATORY'S NAME |
Stephen D. Wilson, Esq. |
SIGNATORY'S POSITION |
Attorney of record, Florida, Maine, and Massachusetts bar member |
SIGNATORY'S PHONE NUMBER |
(850) 202-3342 |
DATE SIGNED |
07/16/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jul 16 11:38:15 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190716113815928203-8824
9572-6202dd176c3d851fa999
38af0f3c61e56b4851e35d65c
6648713b57a2798d32f-N/A-N
/A-20190715152027941884 |
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.
88249572 KAKUSHIN(Standard Characters, see http://uspto.report/TM/88249572/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 009 for (Based on Use in Commerce) Audio and video recordings about business, leadership, business strategy, career development, and career training; Audio recordings about
business, leadership, business strategy, career development, and career training; Digital materials, namely, CDs, MP3 files, MP3 recordings, memory cards, computer memory devices, external hard
drives, downloadable files, and downloadable multimedia files containing videos and e-learning modules featuring business, leadership, business strategy, career development, career training, and
proprietary business methodologies; Digital media, namely, downloadable audio, video, and print files featuring business, leadership, business strategy, career development, career training, and
proprietary business methodologies; Downloadable audio files, multimedia files, text files, e-mails, written documents, audio material, video material and games featuring information in the form of
downloadable short educational/training communications in the field of human resource development for the promotion of employee retention, career growth and increased productivity for employees and
employers; Downloadable videos and video podcasts featuring business, leadership, business strategy, career development, and career training content downloadable via the internet and wireless
devices; Downloadable documents in the field of business, leadership, business strategy, career development, and career training provided via a website; Downloadable educational course materials in
the field of business, leadership, business strategy, career development, and career training; Downloadable electronic publications in the nature of written articles in the field of business,
leadership, business strategy, career development, and career training; Downloadable image files containing charts and graphs related to business, leadership, business strategy, career development,
and career training; Downloadable MP3 files and MP3 recordings featuring learning modules in the field of business, leadership, leadership development, strategic planning, and project management;
Downloadable multimedia files containing audio relating to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing text relating to
business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing video relating to business, leadership, business strategy, career
development, and career training; Downloadable written articles in the field of business, leadership, business strategy, career development, and career training; Downloadable educational software
featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies; Video recordings featuring instruction in business,
leadership, business strategy, career development, career training, and proprietary business methodologies; (Based on Intent to Use) Audio books in the field of business, leadership, business
strategy, career development, and career training; Downloadable podcasts in the fields of business, leadership, business strategy, career development, and career training; Downloadable webcasts in
the field of business, leadership, business strategy, career development, and career training; Downloadable webinars in the field of business, leadership, business strategy, career development, and
career training; E-books featuring business, leadership business strategy, career development, career training, and proprietary business methodologies, recorded on computer media
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.
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 12/07/2018 and first used in commerce at least as early as 12/07/2018 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: (Based on Use in Commerce) Audio and video recordings about business, leadership, business strategy, career development, and career training;
Audio recordings about business, leadership, business strategy, career development, and career training;
Digital materials, namely, CDs, MP3 files, MP3
recordings, memory cards, computer memory devices, external hard drives, downloadable files, and downloadable multimedia files containing videos and e-learning modules featuring business, leadership,
business strategy, career development, career training, and proprietary business methodologies;
Digital media, namely, downloadable audio, video, and print files featuring
business, leadership, business strategy, career development, career training, and proprietary business methodologies;
Downloadable audio files, multimedia files, text
files, e-mails, written documents, audio material, video material and games featuring information in the form of downloadable short educational/training communications in the field of human resource
development for the promotion of employee retention, career growth and increased productivity for employees and employers;
Downloadable videos and video
podcasts featuring business, leadership, business strategy, career development, and career training content downloadable via the internet and wireless devices;
Downloadable videos featuring business, leadership, business strategy, career development, and career training content;
Downloadable documents in the field of
business, leadership, business strategy, career development, and career training provided via a website;
Downloadable educational course materials in the field of
business, leadership, business strategy, career development, and career training;
Downloadable electronic publications in the nature of written articles in the field of
business, leadership, business strategy, career development, and career training;
Downloadable image files containing charts and graphs related to business, leadership,
business strategy, career development, and career training;
Downloadable MP3 files and MP3 recordings featuring learning modules in the field of business, leadership,
leadership development, strategic planning, and project management;
Downloadable multimedia files containing audio relating to business, leadership, business strategy,
career development, and career training;
Downloadable multimedia files containing text relating to business, leadership, business strategy, career development, and career
training;
Downloadable multimedia files containing video relating to business, leadership, business strategy, career development, and career training;
Downloadable written articles in the field of business, leadership, business strategy, career development, and career training;
Downloadable educational software
featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies;
Video recordings featuring
instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies;
(Based on Intent to Use) Audio books
in the field of business, leadership, business strategy, career development, and career training;
Downloadable podcasts in the fields of business, leadership, business
strategy, career development, and career training;
Downloadable video podcasts in the fields of business, leadership, business strategy, career development,
and career training;
Downloadable webcasts in the field of business, leadership, business strategy, career development, and career training;
Downloadable webinars in the field of business, leadership, business strategy, career development, and career training;
E-books featuring business, leadership
business strategy, career development, career training, and proprietary business methodologies, recorded on computer mediaClass 009 for (Based on Use in Commerce) Audio and video recordings
about business, leadership, business strategy, career development, and career training; Audio recordings about business, leadership, business strategy, career development, and career training;
Digital materials, namely, CDs, MP3 files, MP3 recordings, memory cards, computer memory devices, external hard drives, downloadable files, and downloadable multimedia files containing videos and
e-learning modules featuring business, leadership, business strategy, career development, career training, and proprietary business methodologies; Digital media, namely, downloadable audio, video,
and print files featuring business, leadership, business strategy, career development, career training, and proprietary business methodologies; Downloadable audio files, multimedia files, text files,
e-mails, written documents, audio material, video material and games featuring information in the form of downloadable short educational/training communications in the field of human resource
development for the promotion of employee retention, career growth and increased productivity for employees and employers; Downloadable videos featuring business, leadership, business strategy,
career development, and career training content; Downloadable documents in the field of business, leadership, business strategy, career development, and career training provided via a website;
Downloadable educational course materials in the field of business, leadership, business strategy, career development, and career training; Downloadable electronic publications in the nature of
written articles in the field of business, leadership, business strategy, career development, and career training; Downloadable image files containing charts and graphs related to business,
leadership, business strategy, career development, and career training; Downloadable MP3 files and MP3 recordings featuring learning modules in the field of business, leadership, leadership
development, strategic planning, and project management; Downloadable multimedia files containing audio relating to business, leadership, business strategy, career development, and career training;
Downloadable multimedia files containing text relating to business, leadership, business strategy, career development, and career training; Downloadable multimedia files containing video relating to
business, leadership, business strategy, career development, and career training; Downloadable written articles in the field of business, leadership, business strategy, career development, and career
training; Downloadable educational software featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies; Video
recordings featuring instruction in business, leadership, business strategy, career development, career training, and proprietary business methodologies; (Based on Intent to Use) Audio books in the
field of business, leadership, business strategy, career development, and career training; Downloadable podcasts in the fields of business, leadership, business strategy, career development, and
career training; Downloadable video podcasts in the fields of business, leadership, business strategy, career development, and career training; Downloadable webcasts in the field of business,
leadership, business strategy, career development, and career training; Downloadable webinars in the field of business, leadership, business strategy, career development, and career training; E-books
featuring business, leadership business strategy, career development, career training, and proprietary business methodologies, recorded on computer media
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.
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 12/07/2018 and first used in commerce at least as early as 12/07/2018 , and
is now in use in such commerce.
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: /PDS/ Date: 07/16/2019
Signatory's Name: Peter D. Scott
Signatory's Position: President
Signatory's Phone Number: 9179413226
Response Signature
Signature: /Stephen D. Wilson/ Date: 07/16/2019
Signatory's Name: Stephen D. Wilson, Esq.
Signatory's Position: Attorney of record, Florida, Maine, and Massachusetts bar member
Signatory's Phone Number: (850) 202-3342
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: 88249572
Internet Transmission Date: Tue Jul 16 11:38:15 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907161138159
28203-88249572-6202dd176c3d851fa99938af0
f3c61e56b4851e35d65c6648713b57a2798d32f-
N/A-N/A-20190715152027941884