Response to Office Action

Trademark

Way2B1.com, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88257446
LAW OFFICE ASSIGNED LAW OFFICE 109
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88257446/mark.png
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of The mark consists of two shaded intersecting hexagons, the intersection of which creates a third shaded hexagon.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Downloadable software to facilitate financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable software to facilitate financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination; Downloadable computer software for facilitating financial control and auditing; downloadable computer software for allowing communication between users; downloadable computer software for managing real property maintenance, housekeeping, and repairs; downloadable computer software for use in travel planning and coordination.
FINAL DESCRIPTION
Downloadable computer software for facilitating financial control and auditing; downloadable computer software for allowing communication between users; downloadable computer software for managing real property maintenance, housekeeping, and repairs; downloadable computer software for use in travel planning and coordination.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing temporary use of non-downloadable software for family office management, namely, software to allow financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Providing temporary use of non-downloadable software for family office management, namely, software to allow financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination; Providing temporary use of non-downloadable computer software for family office management, namely, software for allowing financial control and auditing of finances, computer software to allow communication between users, computer software to manage real property maintenance, housekeeping, and repairs, and computer software for use in travel planning and coordination
FINAL DESCRIPTION
Providing temporary use of non-downloadable computer software for family office management, namely, software for allowing financial control and auditing of finances, computer software to allow communication between users, computer software to manage real property maintenance, housekeeping, and repairs, and computer software for use in travel planning and coordination
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of two shaded intersecting hexagons, the intersection of which creates a third shaded hexagon.
ATTORNEY SECTION (current)
NAME Kathryn G. Kent
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME LEWIS KENT LLP
STREET 60 LAKE STREET, SUITE 2C
CITY BURLINGTON
STATE Vermont
POSTAL CODE 05401
COUNTRY US
PHONE 802-498-7167
EMAIL docketing@lewiskentllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 12038.01US01
ATTORNEY SECTION (proposed)
NAME Kathryn G. Kent
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME LEWIS KENT LLP
STREET 60 LAKE STREET, SUITE 2C
CITY BURLINGTON
STATE Vermont
POSTAL CODE 05401
COUNTRY United States
PHONE 802-498-7167
EMAIL docketing@lewiskentllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 12038.01US01
OTHER APPOINTED ATTORNEY Marina A. Lewis
CORRESPONDENCE SECTION (current)
NAME KATHRYN G. KENT
FIRM NAME LEWIS KENT LLP
STREET 60 LAKE STREET, SUITE 2C
CITY BURLINGTON
STATE Vermont
POSTAL CODE 05401
COUNTRY US
PHONE 802-498-7167
EMAIL docketing@lewiskentllp.com; kathryn@lewiskentllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 12038.01US01
CORRESPONDENCE SECTION (proposed)
NAME Kathryn G. Kent
FIRM NAME LEWIS KENT LLP
STREET 60 LAKE STREET, SUITE 2C
CITY BURLINGTON
STATE Vermont
POSTAL CODE 05401
COUNTRY United States
PHONE 802-498-7167
EMAIL docketing@lewiskentllp.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 12038.01US01
SIGNATURE SECTION
RESPONSE SIGNATURE /Kathryn G. Kent/
SIGNATORY'S NAME Kathryn G. Kent
SIGNATORY'S POSITION Attorney of Record, Vermont bar member
SIGNATORY'S PHONE NUMBER (802) 498-7167
DATE SIGNED 10/04/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Oct 04 22:13:45 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0191004221345400394-88257
446-610681258ceee106e8773
db1bad4bd2440cfdfca76b4f5
42ff735df836c0c2076-N/A-N
/A-20191004220616575403



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. 88257446  (Stylized and/or with Design, see http://uspto.report/TM/88257446/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 Downloadable software to facilitate financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination
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: Downloadable software to facilitate financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination; Downloadable computer software for facilitating financial control and auditing; downloadable computer software for allowing communication between users; downloadable computer software for managing real property maintenance, housekeeping, and repairs; downloadable computer software for use in travel planning and coordination.Class 009 for Downloadable computer software for facilitating financial control and auditing; downloadable computer software for allowing communication between users; downloadable computer software for managing real property maintenance, housekeeping, and repairs; downloadable computer software for use in travel planning and coordination.
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 proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of non-downloadable software for family office management, namely, software to allow financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination
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: Providing temporary use of non-downloadable software for family office management, namely, software to allow financial control and auditing, software to allow communication between users, software to manage real property maintenance, housekeeping, and repairs, and software for use in travel planning and coordination; Providing temporary use of non-downloadable computer software for family office management, namely, software for allowing financial control and auditing of finances, computer software to allow communication between users, computer software to manage real property maintenance, housekeeping, and repairs, and computer software for use in travel planning and coordinationClass 042 for Providing temporary use of non-downloadable computer software for family office management, namely, software for allowing financial control and auditing of finances, computer software to allow communication between users, computer software to manage real property maintenance, housekeeping, and repairs, and computer software for use in travel planning and coordination
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: Kathryn G. Kent. Kathryn G. Kent of LEWIS KENT LLP, is located at

      60 LAKE STREET, SUITE 2C
      BURLINGTON, Vermont 05401
      US
The docket/reference number is 12038.01US01.

The phone number is 802-498-7167.

The email address is docketing@lewiskentllp.com

The applicants proposed attorney information: Kathryn G. Kent. Other appointed attorneys are Marina A. Lewis. Kathryn G. Kent of LEWIS KENT LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      60 LAKE STREET, SUITE 2C
      BURLINGTON, Vermont 05401
      United States
The docket/reference number is 12038.01US01.

The phone number is 802-498-7167.

The email address is docketing@lewiskentllp.com

Kathryn G. Kent 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: KATHRYN G. KENT. KATHRYN G. KENT of LEWIS KENT LLP, is located at

      60 LAKE STREET, SUITE 2C
      BURLINGTON, Vermont 05401
      US
The docket/reference number is 12038.01US01.

The phone number is 802-498-7167.

The email address is docketing@lewiskentllp.com; kathryn@lewiskentllp.com

The applicants proposed correspondence information: Kathryn G. Kent. Kathryn G. Kent of LEWIS KENT LLP, is located at

      60 LAKE STREET, SUITE 2C
      BURLINGTON, Vermont 05401
      United States
The docket/reference number is 12038.01US01.

The phone number is 802-498-7167.

The email address is docketing@lewiskentllp.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of two shaded intersecting hexagons, the intersection of which creates a third shaded hexagon.

SIGNATURE(S)
Response Signature
Signature: /Kathryn G. Kent/     Date: 10/04/2019
Signatory's Name: Kathryn G. Kent
Signatory's Position: Attorney of Record, Vermont bar member

Signatory's Phone Number: (802) 498-7167

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    KATHRYN G. KENT
   LEWIS KENT LLP
   
   60 LAKE STREET, SUITE 2C
   BURLINGTON, Vermont 05401
Mailing Address:    Kathryn G. Kent
   LEWIS KENT LLP
   60 LAKE STREET, SUITE 2C
   BURLINGTON, Vermont 05401
        
Serial Number: 88257446
Internet Transmission Date: Fri Oct 04 22:13:45 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019100422134540
0394-88257446-610681258ceee106e8773db1ba
d4bd2440cfdfca76b4f542ff735df836c0c2076-
N/A-N/A-20191004220616575403



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