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 |
88265817 |
LAW OFFICE ASSIGNED |
LAW OFFICE 102 |
MARK SECTION |
MARK |
http://uspto.report/TM/88265817/mark.png |
LITERAL ELEMENT |
SERVICE EXPRESS |
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 (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
(Based on Intent to Use) Logistics management in the field of installation, maintenance and repair of information technology systems
and the provision of replacement parts therefor; (Based on Use) Distributorship services in the field of software and hardware |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1993 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1998 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
(Based on Intent to Use) Logistics management in the field of installation, maintenance and repair of
information technology systems and the provision of replacement parts therefor; (Based on Intent to Use) Logistics management in the field of parts and
replacement parts for the installation, maintenance and repair of information technology systems; (Based on Use) Distributorship services in the field of software and
hardware |
FINAL DESCRIPTION |
(Based on Intent to Use) Logistics management in the field of parts and replacement parts for the installation, maintenance and repair
of information technology systems; (Based on Use) Distributorship services in the field of software and hardware |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1993 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1998 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (037)(no change) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
(Based on Intent to Use) Providing an interactive website featuring technology that enables users to access, communicate, provide and
request information regarding their information technology systems; Providing a web-based system and on-line portal featuring technology that permits users to access information regarding their
information technology systems, that permits users to schedule installation, repair and maintenance of their information technology systems, that permits users to communicate, provide and exchange
information regarding their information technology systems and that permits users to purchase replacement parts for their information technology systems; (Based on Use) Providing information in the
field of information technology and information technology systems; Consultation and technical support services in the field of information technology and information technology systems; Providing
technical consultation in the field of computer hardware, datacenter architecture, computer network design and electronic storage design; Providing technical support services, namely, integration and
migration of datacenter and computer servers; Troubleshooting in the nature of diagnosing computer systems problems for others; Troubleshooting in the nature of diagnosing computer server problems
for others |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1993 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1998 |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
(Based on Intent to Use) Providing an interactive website featuring technology that enables users to access,
communicate, provide and request information regarding their information technology systems; Providing a web-based system and on-line portal featuring technology that
permits users to access information regarding their information technology systems, that permits users to schedule installation, repair and maintenance of their information technology systems, that
permits users to communicate, provide and exchange information regarding their information technology systems and that permits users to purchase replacement parts for their information technology
systems; (Based on Use) Providing information in the field of information technology and information technology systems; Consultation and
technical support services in the field of information technology and information technology systems; Providing technical consultation in the field of computer
hardware, datacenter architecture, computer network design and electronic storage design; Technical consultation about the repair of computer hardware;
Providing technical consultation in the field of the design and development of datacenter architecture, and computer network design and electronic storage;
Providing technical support services, namely, integration and migration of datacenter and computer servers; Troubleshooting in the nature of
diagnosing computer systems problems for others; Troubleshooting in the nature of diagnosing computer server problems for others |
FINAL DESCRIPTION |
(Based on Intent to Use) Providing an interactive website featuring technology that enables users to access, communicate, provide and
request information regarding their information technology systems; Providing a web-based system and on-line portal featuring technology that permits users to access information regarding their
information technology systems, that permits users to schedule installation, repair and maintenance of their information technology systems, that permits users to communicate, provide and exchange
information regarding their information technology systems and that permits users to purchase replacement parts for their information technology systems; (Based on Use) Providing information in the
field of information technology and information technology systems; Consultation and technical support services in the field of information technology and information technology systems; Technical
consultation about the repair of computer hardware; Providing technical consultation in the field of the design and development of datacenter architecture, and computer network design and electronic
storage; Providing technical support services, namely, integration and migration of datacenter and computer servers; Troubleshooting in the nature of diagnosing computer systems problems for others;
Troubleshooting in the nature of diagnosing computer server problems for others |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1993 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1998 |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use SERVICE apart from the mark as shown. |
ATTORNEY SECTION (current) |
NAME |
Michael D. Fishman |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
FISHMAN STEWART PLLC |
STREET |
39533 WOODWARD AVENUE, SUITE 140 |
CITY |
BLOOMFIELD HILLS |
STATE |
Michigan |
POSTAL CODE |
48304 |
COUNTRY |
US |
PHONE |
248-594-0630 |
FAX |
248-594-0610 |
EMAIL |
tmdocketing@fishstewip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
67843-0008 |
ATTORNEY SECTION (proposed) |
NAME |
Michael D. Fishman |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
FISHMAN STEWART PLLC |
STREET |
39533 WOODWARD AVENUE, SUITE 140 |
CITY |
BLOOMFIELD HILLS |
STATE |
Michigan |
POSTAL CODE |
48304 |
COUNTRY |
United States |
PHONE |
248-594-0630 |
FAX |
248-594-0610 |
EMAIL |
tmdocketing@fishstewip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
67843-0008 |
CORRESPONDENCE SECTION (current) |
NAME |
MICHAEL D. FISHMAN |
FIRM NAME |
FISHMAN STEWART PLLC |
STREET |
39533 WOODWARD AVENUE, SUITE 140 |
CITY |
BLOOMFIELD HILLS |
STATE |
Michigan |
POSTAL CODE |
48304 |
COUNTRY |
US |
PHONE |
248-594-0630 |
FAX |
248-594-0610 |
EMAIL |
tmdocketing@fishstewip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
67843-0008 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Michael D. Fishman |
FIRM NAME |
FISHMAN STEWART PLLC |
STREET |
39533 WOODWARD AVENUE, SUITE 140 |
CITY |
BLOOMFIELD HILLS |
STATE |
Michigan |
POSTAL CODE |
48304 |
COUNTRY |
United States |
PHONE |
248-594-0630 |
FAX |
248-594-0610 |
EMAIL |
tmdocketing@fishstewip.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
67843-0008 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/mdf/ |
SIGNATORY'S NAME |
Michael D. Fishman |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
248-594-0630 |
DATE SIGNED |
09/30/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Sep 30 17:15:06 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20190930171506918437-8826
5817-6103b3f5839bf54170a2
dfb62297f995e745319893470
1a51bb7ed116ae91e9d-N/A-N
/A-20190930153414080793 |
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.
88265817 SERVICE EXPRESS(Standard Characters, see http://uspto.report/TM/88265817/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 035 for (Based on Intent to Use) Logistics management in the field of installation, maintenance and repair of information technology systems and the provision of replacement
parts therefor; (Based on Use) Distributorship services in the field of software and hardware
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 00/00/1993 and first used in commerce at least as early as 00/00/1998 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: (Based on Intent to Use) Logistics management in the field of installation, maintenance and repair of information technology systems
and the provision of replacement parts therefor;
(Based on Intent to Use) Logistics management in the field of parts and replacement parts for the installation,
maintenance and repair of information technology systems;
(Based on Use) Distributorship services in the field of software and hardwareClass 035 for (Based on Intent
to Use) Logistics management in the field of parts and replacement parts for the installation, maintenance and repair of information technology systems; (Based on Use) Distributorship services in the
field of software and hardware
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 00/00/1993 and first used in commerce at least as early as 00/00/1998 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for (Based on Intent to Use) Providing an interactive website featuring technology that enables users to access, communicate, provide and request information regarding their
information technology systems; Providing a web-based system and on-line portal featuring technology that permits users to access information regarding their information technology systems, that
permits users to schedule installation, repair and maintenance of their information technology systems, that permits users to communicate, provide and exchange information regarding their information
technology systems and that permits users to purchase replacement parts for their information technology systems; (Based on Use) Providing information in the field of information technology and
information technology systems; Consultation and technical support services in the field of information technology and information technology systems; Providing technical consultation in the field of
computer hardware, datacenter architecture, computer network design and electronic storage design; Providing technical support services, namely, integration and migration of datacenter and computer
servers; Troubleshooting in the nature of diagnosing computer systems problems for others; Troubleshooting in the nature of diagnosing computer server problems for others
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 00/00/1993 and first used in commerce at least as early as 00/00/1998 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: (Based on Intent to Use) Providing an interactive website featuring technology that enables users to access, communicate, provide and request
information regarding their information technology systems;
Providing a web-based system and on-line portal featuring technology that permits users to access information
regarding their information technology systems, that permits users to schedule installation, repair and maintenance of their information technology systems, that permits users to communicate, provide
and exchange information regarding their information technology systems and that permits users to purchase replacement parts for their information technology systems;
(Based on Use) Providing information in the field of information technology and information technology systems;
Consultation and technical support services in the
field of information technology and information technology systems;
Providing technical consultation in the field of computer hardware, datacenter
architecture, computer network design and electronic storage design;
Technical consultation about the repair of computer hardware;
Providing technical consultation in the field of the design and development of datacenter architecture, and computer network design and electronic storage;
Providing technical support services, namely, integration and migration of datacenter and computer servers;
Troubleshooting in the nature of diagnosing computer
systems problems for others;
Troubleshooting in the nature of diagnosing computer server problems for othersClass 042 for (Based on Intent to Use) Providing an
interactive website featuring technology that enables users to access, communicate, provide and request information regarding their information technology systems; Providing a web-based system and
on-line portal featuring technology that permits users to access information regarding their information technology systems, that permits users to schedule installation, repair and maintenance of
their information technology systems, that permits users to communicate, provide and exchange information regarding their information technology systems and that permits users to purchase replacement
parts for their information technology systems; (Based on Use) Providing information in the field of information technology and information technology systems; Consultation and technical support
services in the field of information technology and information technology systems; Technical consultation about the repair of computer hardware; Providing technical consultation in the field of the
design and development of datacenter architecture, and computer network design and electronic storage; Providing technical support services, namely, integration and migration of datacenter and
computer servers; Troubleshooting in the nature of diagnosing computer systems problems for others; Troubleshooting in the nature of diagnosing computer server problems for others
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 00/00/1993 and first used in commerce at least as early as 00/00/1998 , and
is now in use in such commerce.
The applicant's current attorney information: Michael D. Fishman. Michael D. Fishman of FISHMAN STEWART PLLC, is located at
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
US
The docket/reference number is 67843-0008.
The phone number is 248-594-0630.
The fax number is 248-594-0610.
The email address is tmdocketing@fishstewip.com
The applicants proposed attorney information: Michael D. Fishman. Michael D. Fishman of FISHMAN STEWART PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
United States
The docket/reference number is 67843-0008.
The phone number is 248-594-0630.
The fax number is 248-594-0610.
The email address is tmdocketing@fishstewip.com
Michael D. Fishman 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: MICHAEL D. FISHMAN. MICHAEL D. FISHMAN of FISHMAN STEWART PLLC, is located at
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
US
The docket/reference number is 67843-0008.
The phone number is 248-594-0630.
The fax number is 248-594-0610.
The email address is tmdocketing@fishstewip.com
The applicants proposed correspondence information: Michael D. Fishman. Michael D. Fishman of FISHMAN STEWART PLLC, is located at
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
United States
The docket/reference number is 67843-0008.
The phone number is 248-594-0630.
The fax number is 248-594-0610.
The email address is tmdocketing@fishstewip.com
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SERVICE apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /mdf/ Date: 09/30/2019
Signatory's Name: Michael D. Fishman
Signatory's Position: Attorney of Record
Signatory's Phone Number: 248-594-0630
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: MICHAEL D. FISHMAN
FISHMAN STEWART PLLC
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
Mailing Address: Michael D. Fishman
FISHMAN STEWART PLLC
39533 WOODWARD AVENUE, SUITE 140
BLOOMFIELD HILLS, Michigan 48304
Serial Number: 88265817
Internet Transmission Date: Mon Sep 30 17:15:06 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909301715069
18437-88265817-6103b3f5839bf54170a2dfb62
297f995e7453198934701a51bb7ed116ae91e9d-
N/A-N/A-20190930153414080793