Response to Office Action

A BETTER INSURANCE EXPERIENCE

FCOA, LLC

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 88264386
LAW OFFICE ASSIGNED LAW OFFICE 114
MARK SECTION
MARK mark
LITERAL ELEMENT A BETTER INSURANCE EXPERIENCE
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.
OWNER SECTION (current)
NAME FCOA, LLC
MAILING ADDRESS 5600 Beach Tree Lane
CITY Caledonia
STATE Michigan
ZIP/POSTAL CODE 49316
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 512-474-5201
FAX 512-536-4598
EMAIL XXXX
OWNER SECTION (proposed)
NAME FCOA, LLC
MAILING ADDRESS 5600 Beach Tree Lane
CITY Caledonia
STATE Michigan
ZIP/POSTAL CODE 49316
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 512-474-5201
FAX 512-536-4598
EMAIL XXXX
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_3811313542-2020072719 2552040839_._Arguments.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0003.JPG
DESCRIPTION OF EVIDENCE FILE arguments
GOODS AND/OR SERVICES SECTION (036) (current)
INTERNATIONAL CLASS 036
DESCRIPTION
Insurance underwriting services in the field of property and casualty; insurance claims processing, insurance claims administration, and insurance agency services, all in the field of property and casualty; providing information in insurance matters in the field of property and casualty
        FIRST USE ANYWHERE DATE At least as early as 11/00/2019
        FIRST USE IN COMMERCE DATE At least as early as 11/00/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (036) (proposed)
INTERNATIONAL CLASS 036
DESCRIPTION
Insurance underwriting services in the field of property and casualty; insurance claims processing, insurance claims administration, and insurance agency services, all in the field of property and casualty; providing information in insurance matters in the field of property and casualty
       FIRST USE ANYWHERE DATE At least as early as 11/00/2019
       FIRST USE IN COMMERCE DATE At least as early as 11/00/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
DELETED FILING BASIS 1(b)
GOODS AND/OR SERVICES SECTION (041) (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Insurance training services for insurance agents and agencies; business education and training services, namely, training of insurance agents in the field of insurance advertising, promotion, marketing and business development
        FIRST USE ANYWHERE DATE At least as early as 11/00/2019
        FIRST USE IN COMMERCE DATE At least as early as 11/00/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041) (proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Insurance training services for insurance agents and agencies; business education and training services, namely, training of insurance agents in the field of insurance advertising, promotion, marketing and business development
       FIRST USE ANYWHERE DATE At least as early as 11/00/2019
       FIRST USE IN COMMERCE DATE At least as early as 11/00/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU1-652058066-2020072814 5057980529_._1_specimen_C lass_41.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0005.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0006.JPG
       ORIGINAL PDF FILE SPU1-652058066-2020072814 5057980529_._2_specimen_C lass_41.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0007.JPG
       ORIGINAL PDF FILE SPU1-652058066-2020072814 5057980529_._3_specimen_C lass_41.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\882\643\88264386\xml1\ ROA0008.JPG
       SPECIMEN DESCRIPTION printouts from webpages
DELETED FILING BASIS 1(b)
CORRESPONDENCE INFORMATION (current)
NAME ALICIA MORRIS GROOS
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE aoipdocket@nortonrosefulbright.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) alicia.groos@nortonrosefulbright.com; chris.weimer@nortonrosefulbright.com; mary.murchison@nortonrosefulbright.com
DOCKET/REFERENCE NUMBER FARF.T0168US
CORRESPONDENCE INFORMATION (proposed)
NAME Alicia Morris Groos
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE aoipdocket@nortonrosefulbright.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) alicia.groos@nortonrosefulbright.com; andrea.shannon@nortonrosefulbright.com; david.wade@nortonrosefulbright.com
DOCKET/REFERENCE NUMBER FARF.T0168US
SIGNATURE SECTION
DECLARATION SIGNATURE /Doren Hohl/
SIGNATORY'S NAME Doren Hohl
SIGNATORY'S POSITION Secretary
SIGNATORY'S PHONE NUMBER 512-474-5201
DATE SIGNED 07/29/2020
RESPONSE SIGNATURE /Alicia Morris Groos/
SIGNATORY'S NAME Alicia Morris Groos
SIGNATORY'S POSITION Attorney of record , Texas bar member
SIGNATORY'S PHONE NUMBER 5125363091
DATE SIGNED 07/29/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Jul 30 10:47:25 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
200730104725794239-882643
86-740163c433033deecb5b6f
7cab1aa970129a60a941fc263
037c1d5408d276cbe1e-N/A-N
/A-20200728145057980529



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. 88264386 A BETTER INSURANCE EXPERIENCE(Standard Characters, see http://uspto.report/TM/88264386/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: arguments
Original PDF file:
evi_3811313542-2020072719 2552040839_._Arguments.pdf
Converted PDF file(s) ( 2 pages) Evidence-1Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 036 for Insurance underwriting services in the field of property and casualty; insurance claims processing, insurance claims administration, and insurance agency services, all in the field of property and casualty; providing information in insurance matters in the field of property and casualty
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.

In International Class 036, the mark was first used at least as early as 11/00/2019 and first used in commerce at least as early as 11/00/2019.


Proposed:
Class 036 for Insurance underwriting services in the field of property and casualty; insurance claims processing, insurance claims administration, and insurance agency services, all in the field of property and casualty; providing information in insurance matters in the field of property and casualty

Deleted Filing Basis: 1(b)
In International Class 036, the mark was first used at least as early as 11/00/2019 . and first used in commerce at least as early as 11/00/2019 .


"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].

Applicant proposes to amend the following:

Current:
Class 041 for Insurance training services for insurance agents and agencies; business education and training services, namely, training of insurance agents in the field of insurance advertising, promotion, marketing and business development
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.

In International Class 041, the mark was first used at least as early as 11/00/2019 and first used in commerce at least as early as 11/00/2019.


Proposed:
Class 041 for Insurance training services for insurance agents and agencies; business education and training services, namely, training of insurance agents in the field of insurance advertising, promotion, marketing and business development

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 11/00/2019 . and first used in commerce at least as early as 11/00/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of printouts from webpages.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-652058066-2020072814 5057980529_._1_specimen_C lass_41.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3
Original PDF file:
SPU1-652058066-2020072814 5057980529_._2_specimen_C lass_41.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Original PDF file:
SPU1-652058066-2020072814 5057980529_._3_specimen_C lass_41.pdf
Converted PDF file(s) ( 1 page) Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: FCOA, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5600 Beach Tree Lane
      Caledonia, Michigan 49316
      United States
      Email Address: XXXX
      512-474-5201
      512-536-4598
Proposed: FCOA, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      5600 Beach Tree Lane
      Caledonia, Michigan 49316
      United States
      Email Address: XXXX
      512-474-5201
      512-536-4598
Correspondence Information (current):
      ALICIA MORRIS GROOS
      PRIMARY EMAIL FOR CORRESPONDENCE: aoipdocket@nortonrosefulbright.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alicia.groos@nortonrosefulbright.com; chris.weimer@nortonrosefulbright.com; mary.murchison@nortonrosefulbright.com

The docket/reference number is FARF.T0168US.
Correspondence Information (proposed):
      Alicia Morris Groos
      PRIMARY EMAIL FOR CORRESPONDENCE: aoipdocket@nortonrosefulbright.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): alicia.groos@nortonrosefulbright.com; andrea.shannon@nortonrosefulbright.com; david.wade@nortonrosefulbright.com

The docket/reference number is FARF.T0168US.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

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: /Doren Hohl/      Date: 07/29/2020
Signatory's Name: Doren Hohl
Signatory's Position: Secretary
Signatory's Phone Number: 512-474-5201


Response Signature
Signature: /Alicia Morris Groos/     Date: 07/29/2020
Signatory's Name: Alicia Morris Groos
Signatory's Position: Attorney of record , Texas bar member

Signatory's Phone Number: 5125363091

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:    ALICIA MORRIS GROOS
   NORTON ROSE FULBRIGHT US LLP
   
   98 SAN JACINTO BLVD., SUITE 1100
   AUSTIN, Texas 78701
Mailing Address:    Alicia Morris Groos
   NORTON ROSE FULBRIGHT US LLP
   98 SAN JACINTO BLVD., SUITE 1100
   AUSTIN, Texas 78701
        
Serial Number: 88264386
Internet Transmission Date: Thu Jul 30 10:47:25 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200730104725794
239-88264386-740163c433033deecb5b6f7cab1
aa970129a60a941fc263037c1d5408d276cbe1e-
N/A-N/A-20200728145057980529


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