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. 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