Response to Office Action

WGU ACADEMY

Western Governors University

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 88318562
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK mark
LITERAL ELEMENT WGU ACADEMY
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) (current)
INTERNATIONAL CLASS 016
DESCRIPTION Printed publications, namely, brochures, business cards
        FIRST USE ANYWHERE DATE At least as early as 05/00/2019
        FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (016) (proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Printed publications, namely, brochures, business cards; Printed publications, namely, brochures in the field of preparing an individual for post-secondary education; business cards
FINAL DESCRIPTION
Printed publications, namely, brochures in the field of preparing an individual for post-secondary education; business cards
       FIRST USE ANYWHERE DATE At least as early as 05/00/2019
       FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\883\185\88318562\xml4 \ ROA0002.JPG
        \\TICRS\EXPORT18\IMAGEOUT 18\883\185\88318562\xml4 \ ROA0003.JPG
DELETED FILING BASIS 1(b)
GOODS AND/OR SERVICES SECTION (025) (current)
INTERNATIONAL CLASS 025
DESCRIPTION Hats; t-shirts; shirts
        FIRST USE ANYWHERE DATE At least as early as 05/00/2019
        FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (025) (proposed)
INTERNATIONAL CLASS 025
DESCRIPTION Hats; t-shirts; shirts
       FIRST USE ANYWHERE DATE At least as early as 05/00/2019
       FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
DELETED FILING BASIS 1(b)
GOODS AND/OR SERVICES SECTION (041) (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing educational services, namely, providing online instruction in the fields of health, teaching, information technology and business for an individual's post-secondary education via an online website; educational services, namely, providing courses, training, coaching, learning centers featuring instruction, tutoring for individuals as they prepare for post-secondary education in the fields of health, teaching, information technology and business for an individual's post-secondary education
        FIRST USE ANYWHERE DATE At least as early as 05/00/2019
        FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041) (proposed)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing educational services, namely, providing online instruction in the fields of health, teaching, information technology and business for an individual's post-secondary education via an online website; educational services, namely, providing courses, training, coaching, learning centers featuring instruction, tutoring for individuals as they prepare for post-secondary education in the fields of health, teaching, information technology and business for an individual's post-secondary education
       FIRST USE ANYWHERE DATE At least as early as 05/00/2019
       FIRST USE IN COMMERCE DATE At least as early as 05/00/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU2-260168145021090716cc 0ccfccd55e-20200811210402 894650_._WGU_Academy_Spec imen_w_Date_and_Time_Stam p_8-11-2020.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT 18\883\185\88318562\xml4\ ROA0004.JPG
       SPECIMEN DESCRIPTION screenshot of webpage
DELETED FILING BASIS 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Alissa Owen
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE alissa.owen@wgu.edu
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) bob.hunt@wgu.edu; mark.shaffer@wgu.edu
DOCKET/REFERENCE NUMBER WGUAcadTMwrd
CORRESPONDENCE INFORMATION (proposed)
NAME Alissa Owen
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE alissa.owen@wgu.edu
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) joanna.berrett@wgu.edu; summer.young@wgu.edu; jessica.cullimore@wgu.edu
DOCKET/REFERENCE NUMBER WGUAcadTMwrd
SIGNATURE SECTION
DECLARATION SIGNATURE /Alissa R. Owen/
SIGNATORY'S NAME Alissa R. Owen
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 801-244-0416
DATE SIGNED 08/11/2020
RESPONSE SIGNATURE /Alissa R. Owen/
SIGNATORY'S NAME Alissa R. Owen
SIGNATORY'S POSITION Attorney of Record, Utah State Bar
SIGNATORY'S PHONE NUMBER 801-244-0416
DATE SIGNED 08/11/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Aug 11 21:34:45 ET 2020
TEAS STAMP USPTO/ROA-XXXX:XXX:XXXX:X
XXX:XXXX:XXXX:XXX:XXXX-20
200811213445426266-883185
62-740e6d294ed4d83e0d2464
feef2e1a87111de7fe2734817
49208757745ab9f62486-N/A-
N/A-20200811210402894650



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. 88318562 WGU ACADEMY(Standard Characters, see http://uspto.report/TM/88318562/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Printed publications, namely, brochures, business cards
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.

In International Class 016, the mark was first used at least as early as 05/00/2019 and first used in commerce at least as early as 05/00/2019.


Proposed:

Tracked Text Description: Printed publications, namely, brochures, business cards; Printed publications, namely, brochures in the field of preparing an individual for post-secondary education; business cardsClass 016 for Printed publications, namely, brochures in the field of preparing an individual for post-secondary education; business cards

Deleted Filing Basis: 1(b)
In International Class 016, the mark was first used at least as early as 05/00/2019 . and first used in commerce at least as early as 05/00/2019 .


"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1

Specimen File2


Applicant proposes to amend the following:

Current:
Class 025 for Hats; t-shirts; shirts
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.

In International Class 025, the mark was first used at least as early as 05/00/2019 and first used in commerce at least as early as 05/00/2019.


Proposed:
Class 025 for Hats; t-shirts; shirts

Deleted Filing Basis: 1(b)
In International Class 025, the mark was first used at least as early as 05/00/2019 . and first used in commerce at least as early as 05/00/2019 .



Applicant proposes to amend the following:

Current:
Class 041 for Providing educational services, namely, providing online instruction in the fields of health, teaching, information technology and business for an individual's post-secondary education via an online website; educational services, namely, providing courses, training, coaching, learning centers featuring instruction, tutoring for individuals as they prepare for post-secondary education in the fields of health, teaching, information technology and business for an individual's post-secondary education
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.

In International Class 041, the mark was first used at least as early as 05/00/2019 and first used in commerce at least as early as 05/00/2019.


Proposed:
Class 041 for Providing educational services, namely, providing online instruction in the fields of health, teaching, information technology and business for an individual's post-secondary education via an online website; educational services, namely, providing courses, training, coaching, learning centers featuring instruction, tutoring for individuals as they prepare for post-secondary education in the fields of health, teaching, information technology and business for an individual's post-secondary education

Deleted Filing Basis: 1(b)
In International Class 041, the mark was first used at least as early as 05/00/2019 . and first used in commerce at least as early as 05/00/2019 .

Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of screenshot of webpage.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU2-260168145021090716cc 0ccfccd55e-20200811210402 894650_._WGU_Academy_Spec imen_w_Date_and_Time_Stam p_8-11-2020.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Correspondence Information (current):
      Alissa Owen
      PRIMARY EMAIL FOR CORRESPONDENCE: alissa.owen@wgu.edu
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bob.hunt@wgu.edu; mark.shaffer@wgu.edu

The docket/reference number is WGUAcadTMwrd.
Correspondence Information (proposed):
      Alissa Owen
      PRIMARY EMAIL FOR CORRESPONDENCE: alissa.owen@wgu.edu
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): joanna.berrett@wgu.edu; summer.young@wgu.edu; jessica.cullimore@wgu.edu

The docket/reference number is WGUAcadTMwrd.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Alissa R. Owen/      Date: 08/11/2020
Signatory's Name: Alissa R. Owen
Signatory's Position: Attorney of Record
Signatory's Phone Number: 801-244-0416


Response Signature
Signature: /Alissa R. Owen/     Date: 08/11/2020
Signatory's Name: Alissa R. Owen
Signatory's Position: Attorney of Record, Utah State Bar

Signatory's Phone Number: 801-244-0416

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:    Alissa Owen
   WESTERN GOVERNORS UNIVERSITY
   SUITE 700
   4001 S. 700 E.
   SALT LAKE CITY, Utah 84107
Mailing Address:    Alissa Owen
   WESTERN GOVERNORS UNIVERSITY
   SUITE 700
   4001 S. 700 E.
   SALT LAKE CITY, Utah 84107
        
Serial Number: 88318562
Internet Transmission Date: Tue Aug 11 21:34:45 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXX:XXXX:XXXX:XXXX:XXXX:X
XX:XXXX-20200811213445426266-88318562-74
0e6d294ed4d83e0d2464feef2e1a87111de7fe27
3481749208757745ab9f62486-N/A-N/A-202008
11210402894650


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed