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 |
88290350 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
| MARK SECTION |
| MARK |
mark |
| LITERAL ELEMENT |
BLUES |
| 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. |
| ADDITIONAL STATEMENTS SECTION |
| MISCELLANEOUS STATEMENT |
In the Office Action dated April 13, 2020, the Examining Attorney required more information about Applicant's goods and the specimen that was
submitted in support of the Statement of Use, as such specimen was refused as the Examining Attorney believed it was a mock-up. In response to the Examining Attorney's inquiries, Applicant states the
following: (1) The specimen was submitted to show use of the BLUES mark in connection with Applicant's Notecard Development Board, part of the Blues family of products that include the Notecard,
Notecarrier, and Notehub. Images of Applicant's goods are attached. (2) The specimen was a photograph of the packaging used for delivery of Applicant's goods to a customer. Applicant is a start-up
company and does not have fancy packaging and instead prints its own labels when shipping its goods. The specimen was not a mock-up - it was a photograph of Applicant's packaging. The photograph of
the packaging was taken for submission in this application. (3) Applicant's goods are not sold in stores, they are marketed direct to potential customers and provided in exchange for services. The
Blues family of goods include the Notecard and Notecarrier and Notecard Development Kit, and are in a testing phase, which is customary and the ordinary course of trade in Applicant's industry, and
the services received in return includes feedback and development work to find problems in the goods. In today's environment, especially as it is impacted by COVID 19, companies must be good at doing
work directly in a remote manner between vendor and customer. Applicant does all of its commerce in this way. (4) Applicant's goods are transported by USPS, UPS, DHL, and Fedex. The specimen
submitted shows the packaging used to ship Applicant's goods. (5) Applicant's goods were first sold in the US on February 17th 2020 and are still available for sale in the US. (6) As noted above,
Applicant's goods are in a product testing phase, so they are not provided for a price, but rather are provided in exchange for feedback and development of the product. Because of the nature of this
testing phase, evidence such as invoices/payments do not exist. |
MISCELLANEOUS
FILE NAME(S) |
\\TICRS\EXPORT18\IMAGEOUT 18\882\903\88290350\xml4 \ ROA0002.JPG |
| |
\\TICRS\EXPORT18\IMAGEOUT 18\882\903\88290350\xml4 \ ROA0003.JPG |
| CORRESPONDENCE INFORMATION (current) |
| NAME |
Elizabeth Burkhard |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
elizabeth.burkhard@hklaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
PTDocketing@hklaw.com |
| DOCKET/REFERENCE NUMBER |
162929.00005 |
| CORRESPONDENCE INFORMATION (proposed) |
| NAME |
Elizabeth Burkhard |
| PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
elizabeth.burkhard@hklaw.com |
| SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
PTDocketing@hklaw.com |
| DOCKET/REFERENCE NUMBER |
162929.00005 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Elizabeth Burkhard/ |
| SIGNATORY'S NAME |
Elizabeth Burkhard |
| SIGNATORY'S POSITION |
Attorney of record, MA bar member |
| SIGNATORY'S PHONE NUMBER |
6175735850 |
| DATE SIGNED |
09/09/2020 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Sep 10 00:00:26 ET 2020 |
| TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20200910000026376067-8829
0350-750a610131a449c5d3ba
c02bc132a5aa9556366a9f8e6
acb5699bb21de1c3eea-N/A-N
/A-20200909235348053946 |
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.
88290350 BLUES(Standard Characters, see http://uspto.report/TM/88290350/mark.png) has been amended as follows:
ADDITIONAL STATEMENTS
Miscellaneous Statement
In the Office Action dated April 13, 2020, the Examining Attorney required more information about Applicant's goods and the specimen that was submitted in support of the Statement of Use, as such
specimen was refused as the Examining Attorney believed it was a mock-up. In response to the Examining Attorney's inquiries, Applicant states the following: (1) The specimen was submitted to show use
of the BLUES mark in connection with Applicant's Notecard Development Board, part of the Blues family of products that include the Notecard, Notecarrier, and Notehub. Images of Applicant's goods are
attached. (2) The specimen was a photograph of the packaging used for delivery of Applicant's goods to a customer. Applicant is a start-up company and does not have fancy packaging and instead prints
its own labels when shipping its goods. The specimen was not a mock-up - it was a photograph of Applicant's packaging. The photograph of the packaging was taken for submission in this application.
(3) Applicant's goods are not sold in stores, they are marketed direct to potential customers and provided in exchange for services. The Blues family of goods include the Notecard and Notecarrier and
Notecard Development Kit, and are in a testing phase, which is customary and the ordinary course of trade in Applicant's industry, and the services received in return includes feedback and
development work to find problems in the goods. In today's environment, especially as it is impacted by COVID 19, companies must be good at doing work directly in a remote manner between vendor and
customer. Applicant does all of its commerce in this way. (4) Applicant's goods are transported by USPS, UPS, DHL, and Fedex. The specimen submitted shows the packaging used to ship Applicant's
goods. (5) Applicant's goods were first sold in the US on February 17th 2020 and are still available for sale in the US. (6) As noted above, Applicant's goods are in a product testing phase, so they
are not provided for a price, but rather are provided in exchange for feedback and development of the product. Because of the nature of this testing phase, evidence such as invoices/payments do not
exist.
Miscellaneous File1
Miscellaneous File2
Correspondence Information (current):
Elizabeth Burkhard
PRIMARY EMAIL FOR CORRESPONDENCE: elizabeth.burkhard@hklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): PTDocketing@hklaw.com
The docket/reference number is 162929.00005.
Correspondence Information (proposed):
Elizabeth Burkhard
PRIMARY EMAIL FOR CORRESPONDENCE: elizabeth.burkhard@hklaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): PTDocketing@hklaw.com
The docket/reference number is 162929.00005.
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: /Elizabeth Burkhard/ Date: 09/09/2020
Signatory's Name: Elizabeth Burkhard
Signatory's Position: Attorney of record, MA bar member
Signatory's Phone Number: 6175735850
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: Elizabeth Burkhard
Holland & Knight LLP
10 ST. JAMES AVENUE, 11TH FLOOR
BOSTON, Massachusetts 02116
Mailing Address: Elizabeth Burkhard
Holland & Knight LLP
10 ST. JAMES AVENUE, 11TH FLOOR
BOSTON, Massachusetts 02116
Serial Number: 88290350
Internet Transmission Date: Thu Sep 10 00:00:26 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202009100000263
76067-88290350-750a610131a449c5d3bac02bc
132a5aa9556366a9f8e6acb5699bb21de1c3eea-
N/A-N/A-20200909235348053946
