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)

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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. 88265811 SEEMORE (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8826581 1/large) has been amended as follows:

EVIDENCE
Evidence has been attached: PDF of response to informalities and arguments in favor of registration
Original PDF file:
evi_643081113-20200423205 750256585_._SEEMORE__with out_color__Office_Action_ Response.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 039 for Arranging and providing transport for sightseeing tours and charters for others of historic sites and neighborhoods; arranging and providing transport for trolley and train tours and charters for the public of historic sites and neighborhoods
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: Arranging and providing transport for sightseeing tours and charters for others of historic sites and neighborhoods; Arranging of transport and providing transport for sightseeing tours and charters for others of historic sites and neighborhoods; arranging and providing transport for trolley and train tours and charters for the public of historic sites and neighborhoods; arranging of transport and providing transport for trolley and train tours and charters for the public of historic sites and neighborhoodsClass 039 for Arranging of transport and providing transport for sightseeing tours and charters for others of historic sites and neighborhoods; arranging of transport and providing transport for trolley and train tours and charters for the public of historic sites and neighborhoods
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Historic Tours of America, Inc., a corporation of Florida, having an address of
      201 Front Street
      Key West, Florida 33040
      United States

Proposed: Historic Tours of America, Inc., a corporation of Florida, having an address of
      201 Front Street
      Key West, Florida 33040
      United States
      Email Address: XXXX
Correspondence Information (current):
      Matthew E. Connors
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gesmer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 10557.
Correspondence Information (proposed):
      Matthew E. Connors
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@gesmer.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 10557.

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)
Response Signature
Signature: /Shannon M. Nolley/     Date: 04/23/2020
Signatory's Name: Shannon M. Nolley
Signatory's Position: Attorney of record, Massachusetts bar member

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:    Matthew E. Connors
   GESMER UPDEGROVE, LLP
   
   40 BROAD ST
   BOSTON, Massachusetts 02109
Mailing Address:    Matthew E. Connors
   GESMER UPDEGROVE, LLP
   40 BROAD ST
   BOSTON, Massachusetts 02109
        
Serial Number: 88265811
Internet Transmission Date: Thu Apr 23 21:03:55 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20200423210355075
808-88265811-71046a87bc14c73f38f7d8a4d56
0eec7a34326e1d64959354bd288df69a4bfb16-N
/A-N/A-20200423205750256585