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. 88299522 T34(Standard Characters, see http://uspto.report/TM/88299522/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of seven PDF files consisting of (1) Response in support of application; (2) Exhibit A: Documents in response to Requirement for Information; (3) Exhibit B: Google search results; (4) Exhibit C: screenshot from Gamut website; (5) Exhibit D: screenshot from Fytled website; (6) Exhibit E: screenshot from 1000Bulbs website; and (7) Exhibit F: screenshot from Bulbs.com website has been attached.
Original PDF file:
evi_696113158-20191023155241033424_._Response.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Original PDF file:
evi_696113158-20191023155241033424_._ExA.pdf
Converted PDF file(s) ( 19 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Original PDF file:
evi_696113158-20191023155241033424_._ExB.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_696113158-20191023155241033424_._ExC.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_696113158-20191023155241033424_._ExD.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_696113158-20191023155241033424_._ExE.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_696113158-20191023155241033424_._ExF.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Lighting fixtures; Electric lighting fixtures; LED (light emitting diode) lighting fixtures
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: Lighting fixtures; LED (light emitting diode) lighting fixtures, namely, lighting fixtures with integrated LEDs; Electric lighting fixtures; LED (light emitting diode) lighting fixturesClass 011 for LED (light emitting diode) lighting fixtures, namely, lighting fixtures with integrated LEDs
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.

The applicant's current attorney information: Eric Lamb. Eric Lamb of FROST BROWN TODD LLC, is located at

      SUITE 1900
      201 NORTH ILLINOIS STREET
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 0715776.

The phone number is 317-237-3800.

The fax number is 317-237-3900.

The email address is trademarks@fbtlaw.com

The applicants proposed attorney information: Eric Lamb. Other appointed attorneys are Matthew J. Clark, Craig J. Cox, Matthew D. Delaney, Monica L. Dias, Carl Eppler, Constance R. Lindman, Courtney J. Miller, Daniel A. Murray, Samantha M. Quimby, Matthew R. Schantz, Karlyn A. Schnapp, LaShaila L. Spivey and Cynthia L. Stewart. Eric Lamb of FROST BROWN TODD LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 1900
      201 NORTH ILLINOIS STREET
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 0715776.

The phone number is 317-237-3800.

The fax number is 317-237-3900.

The email address is trademarks@fbtlaw.com

Eric Lamb 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: ERIC LAMB. ERIC LAMB of FROST BROWN TODD LLC, is located at

      SUITE 1900
      201 NORTH ILLINOIS STREET
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 0715776.

The phone number is 317-237-3800.

The fax number is 317-237-3900.

The email address is trademarks@fbtlaw.com; elamb@fbtlaw.com

The applicants proposed correspondence information: Eric Lamb. Eric Lamb of FROST BROWN TODD LLC, is located at

      SUITE 1900
      201 NORTH ILLINOIS STREET
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 0715776.

The phone number is 317-237-3800.

The fax number is 317-237-3900.

The email address is trademarks@fbtlaw.com; elamb@fbtlaw.com

SIGNATURE(S)
Response Signature
Signature: /Eric Lamb/     Date: 10/23/2019
Signatory's Name: Eric Lamb
Signatory's Position: Attorney of record, Indiana bar member

Signatory's Phone Number: 317-237-3800

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:    ERIC LAMB
   FROST BROWN TODD LLC
   SUITE 1900
   201 NORTH ILLINOIS STREET
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Eric Lamb
   FROST BROWN TODD LLC
   SUITE 1900
   201 NORTH ILLINOIS STREET
   INDIANAPOLIS, Indiana 46204
        
Serial Number: 88299522
Internet Transmission Date: Wed Oct 23 16:08:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191023160811210
536-88299522-610db98f6962480d5131044f617
1098eba0d0f51161e2a9131d7ae220825dd7883d
-N/A-N/A-20191023155241033424