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. 88305417 DESIGN2CUT(Standard Characters, see http://uspto.report/TM/88305417/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 one Argument file has been attached.
Original PDF file:
evi_47148145231-20191105142134070425_._Argument_Westcott.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 009 for Downloadable CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Downloadable computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applications; Downloadable computer-aided manufacturing (CAM) software for general use; Recorded CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Recorded computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applications
Original Filing Basis:
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 01/01/2016 and first used in commerce at least as early as 01/01/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Downloadable computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applications; Downloadable computer-aided manufacturing (CAM) software for general use; Recorded CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Recorded computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applicationsClass 009 for Downloadable CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Downloadable computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applications; Recorded CAD/CAM software for operating electronic plasma cutting machines for industrial applications; Recorded computer-aided design (CAD) software for operating electronic plasma cutting machines for industrial applications
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 01/01/2016 and first used in commerce at least as early as 01/01/2016 , and is now in use in such commerce.
The applicant's current attorney information: Andrew A. Pharar. Andrew A. Pharar of Mark My Brands, is located at

      #506
      1142 S. Diamond Bar Blvd.
      Diamond Bar, California 91765
      US

The phone number is 909-979-7287.

The email address is apharar@gmail.com

The applicants proposed attorney information: Andrew A. Pharar. Andrew A. Pharar of Mark My Brands, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      #506
      1142 S. Diamond Bar Blvd.
      Diamond Bar, California 91765
      United States

The phone number is 909-979-7287.

The email address is andrew@phararpatents.com

Andrew A. Pharar 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: ANDREW A. PHARAR. ANDREW A. PHARAR of Mark My Brands, is located at

      #506
      1142 S. Diamond Bar Blvd.
      Diamond Bar, California 91765
      US

The phone number is 909-979-7287.

The email address is andrew@phararpatents.com

The applicants proposed correspondence information: Andrew A. Pharar. Andrew A. Pharar of Mark My Brands, is located at

      #506
      1142 S. Diamond Bar Blvd.
      Diamond Bar, California 91765
      United States

The phone number is 909-979-7287.

The email address is andrew@phararpatents.com

SIGNATURE(S)
Response Signature
Signature: /Andrew Pharar 316321/     Date: 11/05/2019
Signatory's Name: Andrew A. Pharar
Signatory's Position: Attorney of Record, California Bar member

Signatory's Phone Number: 909-979-7287

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:    ANDREW A. PHARAR
   Mark My Brands
   #506
   1142 S. Diamond Bar Blvd.
   Diamond Bar, California 91765
Mailing Address:    Andrew A. Pharar
   Mark My Brands
   #506
   1142 S. Diamond Bar Blvd.
   Diamond Bar, California 91765
        
Serial Number: 88305417
Internet Transmission Date: Tue Nov 05 14:23:41 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201911051423418
69044-88305417-7007746472ea12cd60a55ce1a
9524d896955b4c625aa65d31a7ec3dd288a7-N/A
-N/A-20191105142134070425