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. 88299873 VOLTAGE (Stylized and/or with Design, see http://uspto.report/TM/88299873/mark.png) has been amended as follows:

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

Please see the attached.

EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_381125138-20191121122919093973_._Response_to_Office_Action_-_VOLTAGE_and_design.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising, marketing, promotional and public relations services; corporate communications services being public relations services; advertising agency, marketing agency, promotional agency and public relations agency services; project management services relating to advertising, marketing, promotional and public relations; marketing studies; online and internet advertising, promotion and marketing services; internet keyword marketing services; experiential marketing, promotion and advertising services and campaigns; immersive and virtual marketing, promotion and advertising services and campaigns; viral marketing, promotion and advertising services and campaigns; video marketing, promotion and advertising services and campaigns; creation of advertising campaigns; creation of advertisements; public relations services; field marketing; business consulting and advisory services; business networking; organisation and exhibitions and trade fairs for commercial and advertising purposes; marketing, advertising and consultancy services in relation to brand strategies, brand relationships, customer relationship marketing, loyalty marketing and consumer targeting; segmentation and profiling of market data; database marketing; analysis of consumer responses to advertising; creation and development of retail strategies; consumer strategy business consulting as it relates to optimising the utilisation of retail floor space; studies, analysis, statistics, databases relating to business, marketing and marketing information; advertising, marketing and advertising and marketing consultancy services in relation to businesses that provide data mining, data manipulation, data cleansing, data transformation, data operations and transmission of data services; providing on-line information relating to advertising and business consultancy services; talent management and talent agency services for entertainers, musicians, artists; marketing research services; retail research services, namely, research relating to competition and branding in the retail sector; marketing services being the business data analysis of market, business and industry trends; reprographic services, namely, copying of documents for others; advertising services relating to packaging; public relations services, namely, management of news and press coverage and stories; communications services for public relations purposes; public relations services provided through all public communications means; writing of publicity texts, namely, creating press releases; production of video recordings, audiovisual recordings, and digital video and audiovisual recordings for advertising purposes, marketing purposes, publicity purposes, promotional purposes, and public relations purposes; employment staffing consultancy services, staff utilisation planning, namely, professional staffing and recruiting services, staff management and management advice relating to staff, namely, professional staffing and employment staffing consultation services; promoting good employment practices; promoting the goods and services of others through targeted advertising; conducting, organising, holding, arranging business conferences; conducting, organising, holding, arranging trade conferences, shows and exhibitions in the field of advertising, marketing, and music used for commercial purposes; advertising services, namely, creating corporate and brand identity for others; corporate identity and brand development services for corporate clients; consultancy and advice related to brand creation and development; corporate image development consultancy and advice; branding services, namely, consultancy, and advice and information services relating to management and marketing of brands, creating brand identity and brand development for businesses and individuals; provision of information, advisory and consultancy services in relation to the aforementioned services
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: Advertising, marketing, promotional and public relations services; corporate communications services being public relations services; advertising agency, marketing agency, promotional agency and public relations agency services; advertising and marketing agency, namely, promoting the goods and services of others; project management services relating to advertising, marketing, promotional and public relations; public relations agency services; marketing studies; project management services for others for business purposes relating to advertising, marketing, promotional and public relations; conducting marketing studies; online and internet advertising, promotion and marketing services; experiential marketing, promotion and advertising services and campaigns; internet keyword marketing services; immersive and virtual marketing, promotion and advertising services and campaigns; experiential marketing, promotion and advertising services, namely, the development of advertising campaigns; viral marketing, promotion and advertising services and campaigns; immersive and virtual marketing, promotion and advertising services, namely, the development of advertising campaigns; video marketing, promotion and advertising services and campaigns; viral marketing, promotion and advertising services, namely, the development of advertising campaigns; creation of advertising campaigns; video marketing, promotion and advertising services, namely, the development of blast campaigns containing video clips; creation of advertisements; developing advertising campaigns for television, print media, and web pages; developing advertisements; field marketing; public relations services; field marketing services in the nature of marketing activities that involve face-to-face contact with the consumer; business consulting and advisory services; organisation and exhibitions and trade fairs for commercial and advertising purposes; business networking; marketing, advertising and consultancy services in relation to brand strategies, brand relationships, customer relationship marketing, loyalty marketing and consumer targeting; organization of exhibitions and trade fairs for commercial and advertising purposes; segmentation and profiling of market data; marketing, advertising and consultancy services in the field of brand strategies, brand relationships, customer relationship marketing, loyalty marketing and consumer targeting; database marketing; market research analysis for the purpose of segmentation and profiling of market data; database marketing services in the nature of marketing the databases of others and marketing services which utilize marketing databases; creation and development of retail strategies; analysis of consumer responses to advertising; consumer strategy business consulting as it relates to optimising the utilisation of retail floor space; creation and development of retail marketing and advertising strategies; studies, analysis, statistics, databases relating to business, marketing and marketing information; consumer strategy business consulting in the field of optimising the utilisation of retail floor space; advertising, marketing and advertising and marketing consultancy services in relation to businesses that provide data mining, data manipulation, data cleansing, data transformation, data operations and transmission of data services; conducting marketing studies, analysis, statistical evaluation, and creating and compiling databases relating to business, marketing and marketing information; providing on-line information relating to advertising and business consultancy services; advertising, marketing and advertising and marketing consultancy services for businesses that provide data mining, data manipulation, data cleansing, data transformation, data operations and transmission of data services; providing on-line information in the field of advertising and business consultancy services; talent management and talent agency services for entertainers, musicians, artists; retail research services, namely, research relating to competition and branding in the retail sector; marketing research services; marketing services being the business data analysis of market, business and industry trends; retail marketing research services, namely, research relating to competition and branding in the retail sector; marketing services in the nature of business data analysis of market, business and industry trends; reprographic services, namely, copying of documents for others; advertising services relating to packaging; communications services for public relations purposes; public relations services, namely, management of news and press coverage and stories; communications services in the nature of custom writing services for public relations purposes; public relations services provided through all public communications means; writing of publicity texts, namely, creating press releases; employment staffing consultancy services, staff utilisation planning, namely, professional staffing and recruiting services, staff management and management advice relating to staff, namely, professional staffing and employment staffing consultation services; production of video recordings, audiovisual recordings, and digital video and audiovisual recordings for advertising purposes, marketing purposes, publicity purposes, promotional purposes, and public relations purposes; promoting good employment practices; employment staffing consultancy services; professional staffing and recruiting services, namely, staff utilisation planning, namely, professional staffing and recruiting services, staff management and management advice relating to staff, namely, professional staffing and employment staffing consultation services; promoting good employment practices through the use of awareness of benefits marketing campaigns; promoting the goods and services of others through targeted advertising; conducting, organising, holding, arranging business conferences; conducting, organising, holding, arranging trade conferences, shows and exhibitions in the field of advertising, marketing, and music used for commercial purposes; consultancy and advice related to brand creation and development; advertising services, namely, creating corporate and brand identity for others; corporate image development consultancy and advice; corporate identity and brand development services for corporate clients; branding services, namely, consultancy, and advice and information services relating to management and marketing of brands, creating brand identity and brand development for businesses and individuals; consultancy and advice services in the field of brand creation and development; corporate image development consultancy and advice services; branding services, namely, consultancy, and advice and information services in the field of management and marketing of brands, creating brand identity and brand development for businesses and individuals; providing educational information in the field of branding; design of point of sale material being advertising material; design of customer information leaflets being advertising material; design consultancy, design and design advice and information services, namely, design of advertising materials relating to brands; consultancy services in the field of data manipulation and data cleansing, both in the nature of data processing; provision of information, advisory and consultancy services in relation to the aforementioned servicesClass 035 for Advertising, marketing, promotional and public relations services; corporate communications services being public relations services; advertising and marketing agency, namely, promoting the goods and services of others; public relations agency services; project management services for others for business purposes relating to advertising, marketing, promotional and public relations; conducting marketing studies; online and internet advertising, promotion and marketing services; internet keyword marketing services; experiential marketing, promotion and advertising services, namely, the development of advertising campaigns; immersive and virtual marketing, promotion and advertising services, namely, the development of advertising campaigns; viral marketing, promotion and advertising services, namely, the development of advertising campaigns; video marketing, promotion and advertising services, namely, the development of blast campaigns containing video clips; developing advertising campaigns for television, print media, and web pages; developing advertisements; public relations services; field marketing services in the nature of marketing activities that involve face-to-face contact with the consumer; business consulting and advisory services; business networking; organization of exhibitions and trade fairs for commercial and advertising purposes; marketing, advertising and consultancy services in the field of brand strategies, brand relationships, customer relationship marketing, loyalty marketing and consumer targeting; market research analysis for the purpose of segmentation and profiling of market data; database marketing services in the nature of marketing the databases of others and marketing services which utilize marketing databases; analysis of consumer responses to advertising; creation and development of retail marketing and advertising strategies; consumer strategy business consulting in the field of optimising the utilisation of retail floor space; conducting marketing studies, analysis, statistical evaluation, and creating and compiling databases relating to business, marketing and marketing information; advertising, marketing and advertising and marketing consultancy services for businesses that provide data mining, data manipulation, data cleansing, data transformation, data operations and transmission of data services; providing on-line information in the field of advertising and business consultancy services; talent management and talent agency services for entertainers, musicians, artists; marketing research services; retail marketing research services, namely, research relating to competition and branding in the retail sector; marketing services in the nature of business data analysis of market, business and industry trends; reprographic services, namely, copying of documents for others; advertising services relating to packaging; public relations services, namely, management of news and press coverage and stories; communications services in the nature of custom writing services for public relations purposes; public relations services provided through all public communications means; writing of publicity texts, namely, creating press releases; production of video recordings, audiovisual recordings, and digital video and audiovisual recordings for advertising purposes, marketing purposes, publicity purposes, promotional purposes, and public relations purposes; employment staffing consultancy services; professional staffing and recruiting services, namely, staff utilisation planning, namely, professional staffing and recruiting services, staff management and management advice relating to staff, namely, professional staffing and employment staffing consultation services; promoting good employment practices through the use of awareness of benefits marketing campaigns; promoting the goods and services of others through targeted advertising; conducting, organising, holding, arranging business conferences; conducting, organising, holding, arranging trade conferences, shows and exhibitions in the field of advertising, marketing, and music used for commercial purposes; advertising services, namely, creating corporate and brand identity for others; corporate identity and brand development services for corporate clients; consultancy and advice services in the field of brand creation and development; corporate image development consultancy and advice services; branding services, namely, consultancy, and advice and information services in the field of management and marketing of brands, creating brand identity and brand development for businesses and individuals; providing educational information in the field of branding; design of point of sale material being advertising material; design of customer information leaflets being advertising material; design consultancy, design and design advice and information services, namely, design of advertising materials relating to brands; consultancy services in the field of data manipulation and data cleansing, both in the nature of data processing; provision of information, advisory and consultancy services in relation to the aforementioned services
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education and entertainment services; sporting and cultural activities; publishing and editing services; publication of printed matter, including in electronic format and on the Internet; non downloadable electronic publications provided via a computer database or from the Internet; publications being not downloadable from databases or the Internet; electronic games services provided by means of the Internet; arranging of conferences, colloquiums, competitions, seminars, symposiums, workshops and art shows; education, training and seminar services in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; information relating to entertainment or education including relating to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation provided on-line from a computer database or the Internet; non-downloadable information in digital format relating to buildings, shops and commercial/industrial premises; ring tones not downloadable provided from the Internet provision of online electronic publications; provision of online electronic publications in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; editing, posting, displaying, tagging, sharing or otherwise providing data including images, graphics, sound, text or audio-visual information via the Internet or other communications network; news reporting; news reporter services; presentation of data messages and documents for educational and entertainment purposes including in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; information about events; production of radio and television programs; videotape film production; production of shows; ticket reservation services relating to entertainment; organising, conducting, staging of, judging of and providing facilities for games, competitions and awards; arranging award ceremonies and gala evenings; arranging and conducting award programs and ceremonies to recognize excellence in the field of brand placement; production, presentation and distribution of competitions, contests, games and quizzes including in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; electronic games services provided by means of the Internet or other communications network; provision of information, advisory and consultancy services for all the aforesaid
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 and entertainment services; Education and entertainment services in the nature of organizing, conducting, hosting seminars in the field of marketing; sporting and cultural activities; organizing community sporting and cultural activities; publishing and editing services; book, magazine and music publishing and editing services; publication of printed matter, including in electronic format and on the Internet; publication of printed matter; non downloadable electronic publications provided via a computer database or from the Internet; publication of electronic matter, namely magazine, books and reviews; publications being not downloadable from databases or the Internet; non downloadable electronic publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation provided via a computer database or from the Internet; publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation being not downloadable from databases or the Internet; arranging of conferences, colloquiums, competitions, seminars, symposiums, workshops and art shows; electronic games services provided by means of the Internet; education, training and seminar services in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; arranging of educational conferences, colloquiums, competitions, seminars, symposiums, and workshops; information relating to entertainment or education including relating to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation provided on-line from a computer database or the Internet; arranging art shows in the nature of art exhibitions; non-downloadable information in digital format relating to buildings, shops and commercial/industrial premises; Educational services, namely, offering training and educational seminars in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; ring tones not downloadable provided from the Internet provision of online electronic publications; providing educational information in the field of photography in the nature of photo-shoots, and film production; provision of online electronic publications in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; providing online non-downloadable instructional videos in the field of the rental and design of buildings, shops and commercial/industrial premises; editing, posting, displaying, tagging, sharing or otherwise providing data including images, graphics, sound, text or audio-visual information via the Internet or other communications network; entertainment services, namely, non-downloadable ring tones accessible from the Internet; news reporting; provision of online electronic publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; news reporting in the field of current events; presentation of data messages and documents for educational and entertainment purposes including in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; news reporter services; information about events; providing information about sporting events; production of radio and television programs; videotape film production; production of shows; production of television shows; ticket reservation services relating to entertainment; ticket reservation services relating to entertainment events; organising, conducting, staging of, judging of and providing facilities for games, competitions and awards; entertainment services, namely, organising, conducting, staging of, judging of and providing facilities for games, competitions and awards therefor; arranging award ceremonies and gala evenings; arranging award ceremonies to demonstrate excellence in the field of marketing and advertising; arranging and conducting award programs and ceremonies to recognize excellence in the field of brand placement; hosting social entertainment events, namely, gala evenings; production, presentation and distribution of competitions, contests, games and quizzes including in relation to design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; arranging and conducting award programs and ceremonies to recognize excellence in the field of brand placement arranging competitions, contests, games and quizzes in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; electronic games services provided by means of the Internet or other communications network; electronic games services provided by means of the Internet or other communications networks, namely, global communications networks; provision of information, advisory and consultancy services for all the aforesaidClass 041 for Education and entertainment services in the nature of organizing, conducting, hosting seminars in the field of marketing; organizing community sporting and cultural activities; book, magazine and music publishing and editing services; publication of printed matter; publication of electronic matter, namely magazine, books and reviews; non downloadable electronic publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation provided via a computer database or from the Internet; publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation being not downloadable from databases or the Internet; electronic games services provided by means of the Internet; arranging of educational conferences, colloquiums, competitions, seminars, symposiums, and workshops; arranging art shows in the nature of art exhibitions; Educational services, namely, offering training and educational seminars in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; providing educational information in the field of photography in the nature of photo-shoots, and film production; providing online non-downloadable instructional videos in the field of the rental and design of buildings, shops and commercial/industrial premises; entertainment services, namely, non-downloadable ring tones accessible from the Internet; provision of online electronic publications in the nature of magazines and journals in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; news reporting in the field of current events; news reporter services; providing information about sporting events; production of radio and television programs; videotape film production; production of television shows; ticket reservation services relating to entertainment events; entertainment services, namely, organising, conducting, staging of, judging of and providing facilities for games, competitions and awards therefor; arranging award ceremonies to demonstrate excellence in the field of marketing and advertising; hosting social entertainment events, namely, gala evenings; arranging and conducting award programs and ceremonies to recognize excellence in the field of brand placement arranging competitions, contests, games and quizzes in the field of design, graphic design, interior, exterior design retail graphics, commercial space, retail design, sustainable design, branding, photo-shoots, website creation, film creation, interactive environment creation; electronic games services provided by means of the Internet or other communications networks, namely, global communications networks; provision of information, advisory and consultancy services for all the aforesaid
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design services; implementation of design; design and development of downloadable application software; design and development of computer hardware and software; design, development, implementation, updating of software and programming; design services for business; design services for premises; exterior design services; interior design services; product and packaging design; graphic design; website design and development; social media design and development; animation design; special-effects design; audio design; website design services; provision of websites relating to any of the aforesaid services; prototypes and roll-out design services; design of point of sale material; design of customer information leaflets; design, drawing and commissioned writing, all for the compilation of webpages; creating, testing and maintaining websites; hosting the websites of others; installing websites; design consultancy, design and design advice and information services relating to brands; software-as-service services for advertising, marketing, promotional, public relations purposes; search engine services; digital coding services; coding of messages; consultancy services in relation to data mining, data manipulation, data cleansing and data transformation; information, research, evaluation and consultancy services relating to any of the aforesaid
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: Design services; Design services in the field of graphic design; implementation of design; implementation of design, namely, graphic design services; design and development of downloadable application software; design and development of downloadable application software design and development of computer hardware and software; design and development of computer hardware and software; design, development, implementation, updating of software and computer programming; design, development, implementation, updating of software and programming; interior and graphic design services for business; design services for business; planning and design services for retail premises; design services for premises; retail premises exterior design services; exterior design services; interior design services; new product design and packaging design services; product and packaging design; graphic design; website design and development; providing technology consulting in the field of social media design and development; social media design and development; animation design for others; animation design; special-effects design for others; special-effects design; audio design services for others; audio design; website design services; hosting of online websites featuring graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; provision of websites relating to any of the aforesaid services; prototypes and roll-out design services for others in the nature of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; prototypes and roll-out design services; design, drawing and develop webpages, including creation of writing and text on webpages; design of point of sale material; creating, testing and maintaining websites for others; design of customer information leaflets; hosting the websites of others; design, drawing and commissioned writing, all for the compilation of webpages; installing, namely, implementing websites for others; creating, testing and maintaining websites; design consultancy, design and design advice and information services, namely, designing websites for advertising purposes relating to brands; software-as-service services featuring software for advertising, marketing, promotional, public relations purposes for use in database management, service desk management and accounting; installing websites; providing Internet search engine services; design consultancy, design and design advice and information services relating to brands; digital computer coding services for others in the nature of coding of messages in the nature of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; software-as-service services for advertising, marketing, promotional, public relations purposes; consultancy services in the field of data mining; search engine services; providing educational information in the field of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; digital coding services; providing a web site featuring temporary use of non-downloadable software allowing web site users to edit, post, display, tag, share images, graphics, sound, text or audio-visual information; coding of messages; information, research, evaluation and consultancy services relating to any of the aforesaid; consultancy services in relation to data mining, data manipulation, data cleansing and data transformationClass 042 for Design services in the field of graphic design; implementation of design, namely, graphic design services; design and development of downloadable application software design and development of computer hardware and software; design, development, implementation, updating of software and computer programming; interior and graphic design services for business; planning and design services for retail premises; retail premises exterior design services; interior design services; new product design and packaging design services; graphic design; website design and development; providing technology consulting in the field of social media design and development; animation design for others; special-effects design for others; audio design services for others; website design services; hosting of online websites featuring graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; prototypes and roll-out design services for others in the nature of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; design, drawing and develop webpages, including creation of writing and text on webpages; creating, testing and maintaining websites for others; hosting the websites of others; installing, namely, implementing websites for others; design consultancy, design and design advice and information services, namely, designing websites for advertising purposes relating to brands; software-as-service services featuring software for advertising, marketing, promotional, public relations purposes for use in database management, service desk management and accounting; providing Internet search engine services; digital computer coding services for others in the nature of coding of messages in the nature of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; consultancy services in the field of data mining; providing educational information in the field of graphic design, interior design, planning and layout design services for interior space of retail business establishments, sustainable community planning and infrastructure development, and website development; providing a web site featuring temporary use of non-downloadable software allowing web site users to edit, post, display, tag, share images, graphics, sound, text or audio-visual information; information, research, evaluation and consultancy services relating to any of the aforesaid
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: Jeffrey C. Katz. Jeffrey C. Katz of DAVIS & GILBERT LLP, is located at

      1740 BROADWAY
      NEW YORK, New York 10019
      US
The docket/reference number is 5360760092.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

The applicants proposed attorney information: Jeffrey C. Katz. Other appointed attorneys are all of the other attorneys of Davis & Gilbert LLP. Jeffrey C. Katz of DAVIS & GILBERT LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1740 Broadway
      New York, New York 10019
      United States
The docket/reference number is 5360760092.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

Jeffrey C. Katz 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: JEFFREY C. KATZ. JEFFREY C. KATZ of DAVIS & GILBERT LLP, is located at

      1740 BROADWAY
      NEW YORK, New York 10019
      US
The docket/reference number is 5360760092.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

The applicants proposed correspondence information: Jeffrey C. Katz. Jeffrey C. Katz of DAVIS & GILBERT LLP, is located at

      1740 Broadway
      New York, New York 10019
      United States
The docket/reference number is 5360760092.

The phone number is 212-468-4800.

The fax number is 212-468-4888.

The email address is jkatz@dglaw.com

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
VOLTAGE appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Jeffrey C. Katz/     Date: 11/21/2019
Signatory's Name: Jeffrey C. Katz
Signatory's Position: Attorney of Record, New York State 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:    JEFFREY C. KATZ
   DAVIS & GILBERT LLP
   
   1740 BROADWAY
   NEW YORK, New York 10019
Mailing Address:    Jeffrey C. Katz
   DAVIS & GILBERT LLP
   1740 Broadway
   New York, New York 10019
        
Serial Number: 88299873
Internet Transmission Date: Thu Nov 21 12:38:22 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20191121123822375
231-88299873-7002b5c2468d7ca3a38e69fab1e
7cdf65ccf68e8f12b2e67a2af85c2f6d92dc6d-N
/A-N/A-20191121122919093973