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. 88329566 PETRA(Standard Characters, see http://uspto.report/TM/88329566/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 036 for Charitable fund raising services; solicitation of funding for charitable purposes; charitable services, namely, providing education, training, courses, mentorship, financial assistance, bursaries, scholarships, stipends, financial housing support, housing subsidies, and guidance in the skilled trades and science, technology, engineering, and mathematics (STEM) occupations; research, dissemination of information, advocacy and education relating to solutions to women's issues and gender equality, the promotion of skilled trades and STEM occupations and the role of women in these industries; charitable services, namely, the development of games, apps and toys for children; supporting and funding the engagement, participation and advancement of girls and women in skilled trades and STEM occupations
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1940583 filed 01/14/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Charitable fund raising services; solicitation of funding for charitable purposes; Charitable fundraising services by means of selling t-shirts, CDs, books, hats and promotional materials to raise funds for educational scholarships and employment support; charitable services, namely, providing education, training, courses, mentorship, financial assistance, bursaries, scholarships, stipends, financial housing support, housing subsidies, and guidance in the skilled trades and science, technology, engineering, and mathematics (STEM) occupations; Charitable foundation services, namely, providing financial assistance for programs and services of others; research, dissemination of information, advocacy and education relating to solutions to women's issues and gender equality, the promotion of skilled trades and STEM occupations and the role of women in these industries; Providing scholarships for post-secondary and continuing education studies in construction-related programs; charitable services, namely, the development of games, apps and toys for children; supporting and funding the engagement, participation and advancement of girls and women in skilled trades and STEM occupationsClass 036 for Charitable fund raising services; Charitable fundraising services by means of selling t-shirts, CDs, books, hats and promotional materials to raise funds for educational scholarships and employment support; Charitable foundation services, namely, providing financial assistance for programs and services of others; Providing scholarships for post-secondary and continuing education studies in construction-related programs
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1940583 filed 01/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Promoting public awareness of the interests of participation and advancement of girls and women in skilled trades and STEM occupations
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1940583 filed 01/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Educational services, namely, providing seminars, programs, classes and conferences in the field of gender equality, the promotion of skilled trades and STEM occupations and the role of women in these industries and distribution of training material in connection therewith; Educational services, namely, providing educational tools, classes and curriculum in science, technology, engineering and mathematics (STEM) and providing curricula in connection therewith
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1940583 filed 01/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Aaron T. Olejniczak. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at

      100 E WISCONSIN AVE, SUITE 1100
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 1013-00053.

The phone number is 414-271-7590.

The fax number is 4142715770.

The email address is tmdocketing@andruslaw.com

The applicants proposed attorney information: Aaron T. Olejniczak. Other appointed attorneys are Ryann H. Beck, Emily M. Chilson, Peter T. Holsen, Benjamin R. Imhoff, Melissa Kleine, Thomas R. Knight, Joseph D. Kuborn, Christopher R. Liro, Aaron T. Olejniczak, Kevin J. Spexarth, Edward R. Williams. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, 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

      100 E WISCONSIN AVE, SUITE 1100
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 1013-00053.

The phone number is 414-271-7590.

The fax number is 4142715770.

The email address is tmdocketing@andruslaw.com

Aaron T. Olejniczak 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: AARON T. OLEJNICZAK. AARON T. OLEJNICZAK of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at

      100 E WISCONSIN AVE, SUITE 1100
      MILWAUKEE, Wisconsin 53202
      US
The docket/reference number is 1013-00053.

The phone number is 414-271-7590.

The fax number is 4142715770.

The email address is tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com

The applicants proposed correspondence information: Aaron T. Olejniczak. Aaron T. Olejniczak of ANDRUS INTELLECTUAL PROPERTY LAW, LLP, is located at

      100 E WISCONSIN AVE, SUITE 1100
      MILWAUKEE, Wisconsin 53202
      United States
The docket/reference number is 1013-00053.

The phone number is 414-271-7590.

The fax number is 4142715770.

The email address is tmdocketing@andruslaw.com; aarono@andruslaw.com; mariem@andruslaw.com

FEE(S)
Fee(s) in the amount of $550 is being submitted.

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: /Aaron T. Olejniczak/      Date: 11/20/2019
Signatory's Name: Aaron T. Olejniczak
Signatory's Position: Attorney of Record, Wisconsin Bar Member
Signatory's Phone Number: 414 271-7590


Response Signature
Signature: /Aaron T. Olejniczak/     Date: 11/20/2019
Signatory's Name: Aaron T. Olejniczak
Signatory's Position: Attorney of Record, Wisconsin Bar Member

Signatory's Phone Number: 414 271-7590

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:    AARON T. OLEJNICZAK
   ANDRUS INTELLECTUAL PROPERTY LAW, LLP
   
   100 E WISCONSIN AVE, SUITE 1100
   MILWAUKEE, Wisconsin 53202
Mailing Address:    Aaron T. Olejniczak
   ANDRUS INTELLECTUAL PROPERTY LAW, LLP
   100 E WISCONSIN AVE, SUITE 1100
   MILWAUKEE, Wisconsin 53202
        
RAM Sale Number: 88329566
RAM Accounting Date: 11/20/2019
        
Serial Number: 88329566
Internet Transmission Date: Wed Nov 20 15:46:18 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191120154618475
321-88329566-700c9b37ca4d6bee3527d7368d5
dd4d6664cb58311f415c22b0bb30adbb87d91f6-
CC-46169250-20191120153909576972