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. 88348964 BUDDY (Stylized and/or with Design, see http://uspto.report/TM/88348964/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 Mortgage banking; Mortgage banking services, namely, origination, acquisition, servicing, securitization and brokerage of mortgage loans; Mortgage brokerage; Mortgage financing services; Mortgage lending; Mortgage refinancing; Mortgage services, namely, buyer pre-qualification of mortgages for mortgage brokers and banks; Financial services, namely, mortgage planning; Financial services, namely, mortgage refinancing
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 09/20/2018 and first used in commerce at least as early as 09/20/2018 , and is now in use in such commerce.

Proposed: Class 036 for Mortgage banking; Mortgage banking services, namely, origination, acquisition, servicing, securitization and brokerage of mortgage loans; Mortgage brokerage; Mortgage financing services; Mortgage lending; Mortgage refinancing; Mortgage services, namely, buyer pre-qualification of mortgages for mortgage brokers and banks; Financial services, namely, mortgage planning; Financial services, namely, mortgage refinancing
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 09/20/2018 and first used in commerce at least as early as 09/20/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 036 . The specimen(s) submitted consists of Marketing Materials employing the Proposed Mark .
"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:
SPU0-6819614218-20190920085737633475_._PROD_A5_Qualify_with_Bank_Statements.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-6819614218-20190920085737633475_._AE_Sprout_Capabilities_Brochure_marketing_store_20181203.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant's current attorney information: Laurence Beckler. Laurence Beckler of LAW OFFICE OF LAURENCE BECKLER, PLLC, is located at

      575 MADISON AVENUE SUITE 1006
      NEW YORK, New York 10022
      US

The phone number is 917-596-1917.

The fax number is 2125042820.

The email address is larry@becklerlaw.com

The applicants proposed attorney information: Laurence Beckler. Laurence Beckler of LAW OFFICE OF LAURENCE BECKLER, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 1006
      575 MADISON AVENUE
      NEW YORK, New York 10022
      United States

The phone number is 917-596-1917.

The fax number is 2125042820.

The email address is larry@becklerlaw.com

Laurence Beckler 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: LAURENCE BECKLER. LAURENCE BECKLER of LAW OFFICE OF LAURENCE BECKLER, PLLC, is located at

      575 MADISON AVENUE SUITE 1006
      NEW YORK, New York 10022
      US

The phone number is 917-596-1917.

The fax number is 2125042820.

The email address is larry@becklerlaw.com

The applicants proposed correspondence information: Laurence Beckler. Laurence Beckler of LAW OFFICE OF LAURENCE BECKLER, PLLC, is located at

      SUITE 1006
      575 MADISON AVENUE
      NEW YORK, New York 10022
      United States

The phone number is 917-596-1917.

The fax number is 2125042820.

The email address is larry@becklerlaw.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of The mark consists of an anthropomorphic leaf with a green head, hands, and feet, all with dark green accents. On his head are black glasses, white and dark brown eyes with light blue accents, dark brown eyebrows, dark brown nose, and dark brown mouth. His shirt is light blue with dark blue buttons and accents. His neck and pants are brown, with dark brown accents. His belt is black with a gold buckle. A grey shadow appears below his feet inside a circular platform with dark brown accents. The stylized wording "BUDDY" in black appears below the character and to the right of the platform. The background is beige.

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: /Laurence Beckler/      Date: 09/20/2019
Signatory's Name: Laurence Beckler
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 9175961917


Response Signature
Signature: /Laurence Beckler/     Date: 09/20/2019
Signatory's Name: Laurence Beckler
Signatory's Position: Attorney of record New York bar member

Signatory's Phone Number: 9175961917

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:    LAURENCE BECKLER
   LAW OFFICE OF LAURENCE BECKLER, PLLC
   
   575 MADISON AVENUE SUITE 1006
   NEW YORK, New York 10022
Mailing Address:    Laurence Beckler
   LAW OFFICE OF LAURENCE BECKLER, PLLC
   SUITE 1006
   575 MADISON AVENUE
   NEW YORK, New York 10022
        
Serial Number: 88348964
Internet Transmission Date: Fri Sep 20 09:09:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019092009091125
6111-88348964-610ec29c2857115d17f641da5e
17d2e3557eda8eca25193217e5730fa17ea5d8eb
-N/A-N/A-20190920085737633475