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 |
88321371 |
LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
MARK SECTION |
MARK |
http://uspto.report/TM/88321371/mark.png |
LITERAL ELEMENT |
TOPS |
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 (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
providing an internet website portal featuring an employee incentive award program; providing an internet website portal featuring an
employee incentive award program for others to promote employee on job quality, productivity, safety and service time; providing an internet website portal featuring an employee incentive award
program for users to view, manage and claim awards points, to use awards points for claiming awards, and for creating and managing an awards wish list; conducting employee incentive award programs
for others to promote employee on job quality, productivity, safety and service time |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1994 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1994 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
providing an internet website portal featuring an employee incentive award program; providing an internet website portal featuring an employee incentive award program to promote on the job quality, productivity, safety and service time; providing an internet website portal featuring an employee incentive award program for others to promote employee on job quality, productivity, safety and service time; providing an internet website portal featuring an employee incentive award program for users to view, manage and claim awards points, to use awards points for claiming awards,
and for creating and managing an awards wish list; conducting employee incentive award programs for others to promote employee on job quality, productivity, safety and
service time |
FINAL DESCRIPTION |
providing an internet website portal featuring an employee incentive award program to promote on the job quality, productivity, safety
and service time; providing an internet website portal featuring an employee incentive award program for others to promote employee on job quality, productivity, safety and service time; conducting
employee incentive award programs for others to promote employee on job quality, productivity, safety and service time |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/1994 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/1994 |
ATTORNEY SECTION (current) |
NAME |
Sean F. Mellino |
ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
YEAR OF ADMISSION |
NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
FIRM NAME |
WALTER | HAVERFIELD LLP |
INTERNAL ADDRESS |
1301 EAST 9TH STREET, SUITE 3500 |
STREET |
THE TOWER AT ERIEVIEW |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114-1821 |
COUNTRY |
US |
PHONE |
216-781-1212 |
FAX |
(216) 916-2427 |
EMAIL |
trademarks@walterhav.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
17400-052US- |
ATTORNEY SECTION (proposed) |
NAME |
Sean F. Mellino |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
WALTER | HAVERFIELD LLP |
INTERNAL ADDRESS |
The Tower at Erieview |
STREET |
1301 E. 9th St. - Suite 3500 |
CITY |
Cleveland |
STATE |
Ohio |
POSTAL CODE |
44114-1821 |
COUNTRY |
United States |
PHONE |
216-781-1212 |
FAX |
(216) 916-2427 |
EMAIL |
trademarks@walterhav.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
17400-052US- |
OTHER APPOINTED ATTORNEY |
D. Peter Hochberg; Kevin Soucek |
CORRESPONDENCE SECTION (current) |
NAME |
SEAN F. MELLINO |
FIRM NAME |
WALTER | HAVERFIELD LLP |
INTERNAL ADDRESS |
1301 EAST 9TH STREET, SUITE 3500 |
STREET |
THE TOWER AT ERIEVIEW |
CITY |
CLEVELAND |
STATE |
Ohio |
POSTAL CODE |
44114-1821 |
COUNTRY |
US |
PHONE |
216-781-1212 |
FAX |
(216) 916-2427 |
EMAIL |
trademarks@walterhav.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
17400-052US- |
CORRESPONDENCE SECTION (proposed) |
NAME |
Sean F. Mellino |
FIRM NAME |
WALTER | HAVERFIELD LLP |
INTERNAL ADDRESS |
The Tower at Erieview |
STREET |
1301 E. 9th St. - Suite 3500 |
CITY |
Cleveland |
STATE |
Ohio |
POSTAL CODE |
44114-1821 |
COUNTRY |
United States |
PHONE |
216-781-1212 |
FAX |
(216) 916-2427 |
EMAIL |
trademarks@walterhav.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
17400-052US- |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/sean f. mellino/ |
SIGNATORY'S NAME |
Sean F. Mellino |
SIGNATORY'S POSITION |
attorney of record - OH bar member |
SIGNATORY'S PHONE NUMBER |
2167811212 |
DATE SIGNED |
11/21/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Nov 21 11:47:55 EST 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.X-201
91121114755422217-8832137
1-700d88627a311fe9add3fdf
7c458e2a4fb5332e2505a1532
689cb782f1e82fe-N/A-N/A-2
0191121113716519306 |
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.
88321371 TOPS(Standard Characters, see http://uspto.report/TM/88321371/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 035 for providing an internet website portal featuring an employee incentive award program; providing an internet website portal featuring an employee incentive award program
for others to promote employee on job quality, productivity, safety and service time; providing an internet website portal featuring an employee incentive award program for users to view, manage and
claim awards points, to use awards points for claiming awards, and for creating and managing an awards wish list; conducting employee incentive award programs for others to promote employee on job
quality, productivity, safety and service time
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 00/00/1994 and first used in commerce at least as early as 00/00/1994 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: providing an internet website portal featuring an employee incentive award program;
providing an
internet website portal featuring an employee incentive award program to promote on the job quality, productivity, safety and service time;
providing an internet website
portal featuring an employee incentive award program for others to promote employee on job quality, productivity, safety and service time;
providing an
internet website portal featuring an employee incentive award program for users to view, manage and claim awards points, to use awards points for claiming awards, and for creating and managing an
awards wish list;
conducting employee incentive award programs for others to promote employee on job quality, productivity, safety and service timeClass 035 for
providing an internet website portal featuring an employee incentive award program to promote on the job quality, productivity, safety and service time; providing an internet website portal featuring
an employee incentive award program for others to promote employee on job quality, productivity, safety and service time; conducting employee incentive award programs for others to promote employee
on job quality, productivity, safety and service time
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 00/00/1994 and first used in commerce at least as early as 00/00/1994 , and
is now in use in such commerce.
The applicant's current attorney information: Sean F. Mellino. Sean F. Mellino of WALTER | HAVERFIELD LLP, is located at
1301 EAST 9TH STREET, SUITE 3500
THE TOWER AT ERIEVIEW
CLEVELAND, Ohio 44114-1821
US
The docket/reference number is 17400-052US-.
The phone number is 216-781-1212.
The fax number is (216) 916-2427.
The email address is trademarks@walterhav.com
The applicants proposed attorney information: Sean F. Mellino. Other appointed attorneys are D. Peter Hochberg; Kevin Soucek. Sean F. Mellino of WALTER | HAVERFIELD 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
The Tower at Erieview
1301 E. 9th St. - Suite 3500
Cleveland, Ohio 44114-1821
United States
The docket/reference number is 17400-052US-.
The phone number is 216-781-1212.
The fax number is (216) 916-2427.
The email address is trademarks@walterhav.com
Sean F. Mellino 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: SEAN F. MELLINO. SEAN F. MELLINO of WALTER | HAVERFIELD LLP, is located at
1301 EAST 9TH STREET, SUITE 3500
THE TOWER AT ERIEVIEW
CLEVELAND, Ohio 44114-1821
US
The docket/reference number is 17400-052US-.
The phone number is 216-781-1212.
The fax number is (216) 916-2427.
The email address is trademarks@walterhav.com
The applicants proposed correspondence information: Sean F. Mellino. Sean F. Mellino of WALTER | HAVERFIELD LLP, is located at
The Tower at Erieview
1301 E. 9th St. - Suite 3500
Cleveland, Ohio 44114-1821
United States
The docket/reference number is 17400-052US-.
The phone number is 216-781-1212.
The fax number is (216) 916-2427.
The email address is trademarks@walterhav.com
SIGNATURE(S)
Response Signature
Signature: /sean f. mellino/ Date: 11/21/2019
Signatory's Name: Sean F. Mellino
Signatory's Position: attorney of record - OH bar member
Signatory's Phone Number: 2167811212
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: SEAN F. MELLINO
WALTER | HAVERFIELD LLP
1301 EAST 9TH STREET, SUITE 3500
THE TOWER AT ERIEVIEW
CLEVELAND, Ohio 44114-1821
Mailing Address: Sean F. Mellino
WALTER | HAVERFIELD LLP
The Tower at Erieview
1301 E. 9th St. - Suite 3500
Cleveland, Ohio 44114-1821
Serial Number: 88321371
Internet Transmission Date: Thu Nov 21 11:47:55 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201911211147554222
17-88321371-700d88627a311fe9add3fdf7c458
e2a4fb5332e2505a1532689cb782f1e82fe-N/A-
N/A-20191121113716519306