Response to Office Action

SUCCESS ALMANAC

DN Marks 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 88290521
LAW OFFICE ASSIGNED LAW OFFICE 124
MARK SECTION
MARK http://uspto.report/TM/88290521/mark.png
LITERAL ELEMENT SUCCESS ALMANAC
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 (016)(no change)
GOODS AND/OR SERVICES SECTION (041)(current)
INTERNATIONAL CLASS 041
DESCRIPTION
Education services, namely, providing on-line on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041)(proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Education services, namely, providing on-line on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest.
FINAL DESCRIPTION
Education services, namely, providing on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest.
FILING BASIS Section 1(b)
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant hereby submits the following disclaimer: No claim is made to the exclusive right to use "MONEY STRATEGIES" as to Class 16 and the following services in Class 41, Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest, apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /Brian S. Mencher/
SIGNATORY'S NAME Brian S. Mencher
SIGNATORY'S POSITION Attorney of record, New York bar member
SIGNATORY'S PHONE NUMBER 4072157564
DATE SIGNED 03/15/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Mar 15 16:19:13 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20190315161913295055-8829
0521-620401afcbcc59c62185
4cb4b371a5c9cf2f1b913cfb7
ba7c6dfd2063862288d49b-N/
A-N/A-2019031516155725507
0



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. 88290521 SUCCESS ALMANAC(Standard Characters, see http://uspto.report/TM/88290521/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 041 for Education services, namely, providing on-line on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest
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: Education services, namely, providing on-line on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest.Class 041 for Education services, namely, providing on-line classes, seminars, workshops, and personal coaching in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Education services, namely, providing classes, seminars, workshops, and personal coaching in the fields of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content; Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest.
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant hereby submits the following disclaimer: No claim is made to the exclusive right to use "MONEY STRATEGIES" as to Class 16 and the following services in Class 41, Providing a website featuring blogs and non-downloadable publications in the nature of electronic books, magazines, newsletters, and workbooks in the field(s) of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest; Providing a website featuring non-downloadable videos in the field of personal development, health and lifestyle, financial planning, investing, retirement, fitness, travel, volunteering, and general interest, apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Brian S. Mencher/     Date: 03/15/2019
Signatory's Name: Brian S. Mencher
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 4072157564

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88290521
Internet Transmission Date: Fri Mar 15 16:19:13 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201903151619132
95055-88290521-620401afcbcc59c621854cb4b
371a5c9cf2f1b913cfb7ba7c6dfd2063862288d4
9b-N/A-N/A-20190315161557255070



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