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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88330142 |
LAW OFFICE ASSIGNED | LAW OFFICE 105 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88330142/mark.png |
LITERAL ELEMENT | BLUEBOX |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
COLOR(S) CLAIMED (If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK (and Color Location, if applicable) |
The mark consists of the word "BLUEBOX" shown in lower case letters. To the left of the word "BLUEBOX" is a design of an open box. |
ARGUMENT(S) | |
Applicant believes that in light of the deletion of the services in Class 42 and the amendments to the description of services in Class 35, that there is no longer any potential conflict with the cited registration. Accordingly, Applicant respectfully requests that the Examining Attorney withdraw the Section 2(d) refusal and that the application be passed promptly on to publication | |
GOODS AND/OR SERVICES SECTION (035)(current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Retail and ecommerce sales services used to connect third-party manufacturers and distributors to target customers, including business and end-user consumers, enabling these customers to conveniently view and purchase goods through ecommerce marketplaces and other online channels | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/01/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 03/07/2019 |
GOODS AND/OR SERVICES SECTION (035)(proposed) | |
INTERNATIONAL CLASS | 035 |
TRACKED TEXT DESCRIPTION | |
FINAL DESCRIPTION | |
Ecommerce sales management services used to connect third-party brands, manufacturers, distributors and other suppliers to target customers, including business and end-user consumers, by facilitating online sales of third-party products through ecommerce marketplaces and other online channels | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 03/01/2019 |
FIRST USE IN COMMERCE DATE | At least as early as 03/07/2019 |
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 | SPU0-204170203-20190806150721239759_._BLUEBOX___Design_-_eou_-_8-6-2019.pdf |
CONVERTED PDF FILE(S) (3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\301\88330142\xml7\ROA0002.JPG |
\\TICRS\EXPORT17\IMAGEOUT17\883\301\88330142\xml7\ROA0003.JPG | |
\\TICRS\EXPORT17\IMAGEOUT17\883\301\88330142\xml7\ROA0004.JPG | |
SPECIMEN DESCRIPTION | screenshots of Company's E-bay seller pages |
GOODS AND/OR SERVICES SECTION (042)(class deleted) | |
ADDITIONAL STATEMENTS SECTION | |
MISCELLANEOUS STATEMENT | Examiner had refused applicant's preliminary amendment to amend the applicant name. Applicant, through its attorney, has now filed an assignment to Bluebox Commerce, Inc. and the assignment has been recorded on June 7, 2019 and Reel/ Frame: 6664/0869 |
ATTORNEY SECTION (current) | |
NAME | W. Drew Kastner |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | SCHNADER HARRISON SEGAL & LEWIS LLP |
STREET | 1600 MARKET STREET, SUITE 3600 |
CITY | PHILADELPHIA |
STATE | Pennsylvania |
POSTAL CODE | 19103 |
COUNTRY | US |
PHONE | 215-751-2122 |
FAX | 215-751-2205 |
trademarks@schnader.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3008818-0050 |
ATTORNEY SECTION (proposed) | |
NAME | W. Drew Kastner |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | SCHNADER HARRISON SEGAL & LEWIS LLP |
STREET | 1600 MARKET STREET, SUITE 3600 |
CITY | PHILADELPHIA |
STATE | Pennsylvania |
POSTAL CODE | 19103 |
COUNTRY | United States |
PHONE | 215-751-2122 |
FAX | 215-751-2205 |
trademarks@schnader.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3008818-0050 |
OTHER APPOINTED ATTORNEY | Stephenie W. Yeung and Andrew Chou |
CORRESPONDENCE SECTION (current) | |
NAME | W. DREW KASTNER |
FIRM NAME | SCHNADER HARRISON SEGAL & LEWIS LLP |
STREET | 1600 MARKET STREET, SUITE 3600 |
CITY | PHILADELPHIA |
STATE | Pennsylvania |
POSTAL CODE | 19103 |
COUNTRY | US |
PHONE | 215-751-2122 |
FAX | 215-751-2205 |
trademarks@schnader.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3008818-0050 |
CORRESPONDENCE SECTION (proposed) | |
NAME | W. Drew Kastner |
FIRM NAME | SCHNADER HARRISON SEGAL & LEWIS LLP |
STREET | 1600 MARKET STREET, SUITE 3600 |
CITY | PHILADELPHIA |
STATE | Pennsylvania |
POSTAL CODE | 19103 |
COUNTRY | United States |
PHONE | 215-751-2122 |
FAX | 215-751-2205 |
trademarks@schnader.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | 3008818-0050 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /wdrewkastner/ |
SIGNATORY'S NAME | W. Drew Kastner |
SIGNATORY'S POSITION | Attorney of Record, PA, NY, NJ & DC Bar Member |
SIGNATORY'S PHONE NUMBER | 215-751-2122 |
DATE SIGNED | 08/06/2019 |
RESPONSE SIGNATURE | /wdrewkastner/ |
SIGNATORY'S NAME | W. Drew Kastner |
SIGNATORY'S POSITION | Attorney of Record, NY, NJ, PA and DC Bar Member |
SIGNATORY'S PHONE NUMBER | 215-751-2122 |
DATE SIGNED | 08/07/2019 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Wed Aug 07 09:24:12 EDT 2019 |
TEAS STAMP | USPTO/ROA-XXX.XXX.XX.X-20 190807092412138758-883301 42-610c9e768ed13fc7fd014a 1418bd7032f22a1ba44c412af 1813923662a4429b4a-N/A-N/ A-20190806150721239759 |
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) |
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.