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 |
88255584 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88255584/mark.png |
LITERAL ELEMENT |
TOTAL HOME SCORE |
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) |
Argument against likelihood of confusion entered into Evidence Section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_104129196201-20190829144826359145_._4510818-v1-ROA_Liberty_Mutual_TOTAL_HOME_SCORE_88255584.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\882\555\88255584\xml7\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\555\88255584\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\882\555\88255584\xml7\ROA0004.JPG |
DESCRIPTION OF EVIDENCE FILE |
Argument against likelihood of confusion |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Web-based tool and mobile application that allow users to measure and score factors important to homeowners and prospective homebuyers,
including nearby traffic and accident data, noise levels, public transportation, and insurance needs |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Web-based tool and mobile application that allow users to measure and score factors important to
homeowners and prospective homebuyers, including nearby traffic and accident data, noise levels, public transportation, and insurance needs; Downloadable
web-based tool and mobile application that allow users to measure and score traffic-related factors, including nearby traffic and accident data, noise levels, public transportation, and insurance
needs |
FINAL DESCRIPTION |
Downloadable web-based tool and mobile application that allow users to measure and score traffic-related factors, including nearby
traffic and accident data, noise levels, public transportation, and insurance needs |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(class added) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing a non-downloadable web-based software tool and non-downloadable mobile application that allows users to measure and score
traffic-related factors, including nearby traffic and accident data, noise levels, public transportation, and insurance needs |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use HOME SCORE apart from the mark as shown. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/Rebecca B. Lederhouse/ |
SIGNATORY'S NAME |
Rebecca B. Lederhouse |
SIGNATORY'S POSITION |
Attorney of record, Illinois bar member |
SIGNATORY'S PHONE NUMBER |
3128618949 |
DATE SIGNED |
08/29/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Aug 29 15:00:37 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190829150037309420-882
55584-61048cbf37f5ce52db8
049ead52885be43c3616cf28d
323cf3747acfa5d344aed7-DA
-00274008-201908291448263
59145 |
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.
88255584 TOTAL HOME SCORE(Standard Characters, see http://uspto.report/TM/88255584/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Argument against likelihood of confusion entered into Evidence Section.
EVIDENCE
Evidence in the nature of Argument against likelihood of confusion has been attached.
Original PDF file:
evi_104129196201-20190829144826359145_._4510818-v1-ROA_Liberty_Mutual_TOTAL_HOME_SCORE_88255584.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Web-based tool and mobile application that allow users to measure and score factors important to homeowners and prospective homebuyers, including nearby traffic and
accident data, noise levels, public transportation, and insurance needs
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: Web-based tool and mobile application that allow users to measure and score factors important to homeowners and prospective homebuyers,
including nearby traffic and accident data, noise levels, public transportation, and insurance needs;
Downloadable web-based tool and mobile application that
allow users to measure and score traffic-related factors, including nearby traffic and accident data, noise levels, public transportation, and insurance needsClass 009 for Downloadable
web-based tool and mobile application that allow users to measure and score traffic-related factors, including nearby traffic and accident data, noise levels, public transportation, and insurance
needs
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 042 for Providing a non-downloadable web-based software tool and non-downloadable mobile application that allows users to measure and score traffic-related factors, including nearby
traffic and accident data, noise levels, public transportation, and insurance needs
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
Disclaimer
No claim is made to the exclusive right to use HOME SCORE apart from the mark as shown.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the
Trademark Rules of Practice.
Response Signature
Signature: /Rebecca B. Lederhouse/ Date: 08/29/2019
Signatory's Name: Rebecca B. Lederhouse
Signatory's Position: Attorney of record, Illinois bar member
Signatory's Phone Number: 3128618949
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.
RAM Sale Number: 88255584
RAM Accounting Date: 08/29/2019
Serial Number: 88255584
Internet Transmission Date: Thu Aug 29 15:00:37 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190829150037
309420-88255584-61048cbf37f5ce52db8049ea
d52885be43c3616cf28d323cf3747acfa5d344ae
d7-DA-00274008-20190829144826359145