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. 88349045 ALLIED (Stylized and/or with Design, see http://uspto.report/TM/88349045/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Office Action and supporting Exhibits A through D. has been attached.
Original PDF file:
evi_505822834-20190807154536813987_._Response_to_Office_Action.pdf
Converted PDF file(s) ( 16 pages)
Evidence-1
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Original PDF file:
evi_505822834-20190807154536813987_._Exhibit_A.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_505822834-20190807154536813987_._Exhibit_B.pdf
Converted PDF file(s) ( 77 pages)
Evidence-1
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Original PDF file:
evi_505822834-20190807154536813987_._Exhibit_C.pdf
Converted PDF file(s) ( 96 pages)
Evidence-1
Evidence-2
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Original PDF file:
evi_505822834-20190807154536813987_._Exhibit_D.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 020 for Educational furniture; furniture used in restaurants and cafés; conference furniture; dining furniture; lunch room furniture; utility furniture; computer furniture; game furniture; office furniture; administrative furniture; tables; chairs; seating; activity tables; science tables; art tables; computer tables; game tables; dining tables; library tables; utility tables; desks; lunch room tables and chairs, conference tables and chairs; furniture used for collaboration; carrels; storage carts and cubbies; manufacture of furniture for others; manufacture of furniture to the specifications of others; manufacture of furniture for order by others; Manufacture for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, storage carts and cubbies; furniture design services; design of furniture for others; design of furniture to the specifications of others; design of furniture for order by others; design for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, storage carts and cubbies
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/1968 and first used in commerce at least as early as 00/00/1968 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Educational furniture; furniture used in restaurants and cafés; conference furniture; dining furniture; lunch room furniture; utility furniture; utility furniture for school, office or food service use; computer furniture; computer furniture for school, office or food service use; game furniture; game furniture, not being a toy; office furniture; office furniture for school, office or food service use; administrative furniture; administrative furniture for school, office or food service use; tables; chairs; seating; seating, namely stools, lounge chairs and ottomans for seating single and multiple people; activity tables; science tables, namely, tables of metal or wood; science tables; art tables; computer tables; dining tables; game tables; library tables; utility tables; desks; lunch room tables and chairs, conference tables and chairs; furniture used for collaboration; carrels; cubbies being non-metal storage boxes for general use; storage carts and cubbies; manufacture of furniture for others; manufacture of furniture to the specifications of others; manufacture of furniture for order by others; Manufacture for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, storage carts and cubbies; furniture design services; design of furniture for others; design of furniture to the specifications of others; design of furniture for order by others; design for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, storage carts and cubbiesClass 020 for Educational furniture; furniture used in restaurants and cafés; conference furniture; dining furniture; lunch room furniture; utility furniture for school, office or food service use; computer furniture for school, office or food service use; game furniture, not being a toy; office furniture for school, office or food service use; administrative furniture for school, office or food service use; tables; chairs; seating, namely stools, lounge chairs and ottomans for seating single and multiple people; science tables, namely, tables of metal or wood; art tables; computer tables; dining tables; library tables; utility tables; desks; lunch room tables and chairs, conference tables and chairs; furniture used for collaboration; carrels; cubbies being non-metal storage boxes for general use
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/1968 and first used in commerce at least as early as 00/00/1968 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 012 for Mobile storage carts for domestic, educational and commercial use
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/1968 and first used in commerce at least as early as 00/00/1968 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Manufacture of furniture for others; manufacture of furniture to the specifications of others; manufacture of furniture for order by others; Manufacture for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, cubbies
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/1968 and first used in commerce at least as early as 00/00/1968 , and is now in use in such commerce.

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for furniture design services; design of furniture for others; design of furniture to the specifications of others; design of furniture for order by others; design for others of educational furniture, furniture used in restaurants and cafés, conference furniture, dining furniture, lunch room furniture, utility furniture, computer furniture, game furniture, office furniture, administrative furniture, tables, chairs, seating, activity tables, science tables, art tables, computer tables, game tables, dining tables, library tables, utility tables, desks, lunch room tables and chairs, conference tables and chairs, furniture used for collaboration, carrels, storage carts and cubbies
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 00/00/1968 and first used in commerce at least as early as 00/00/1968 , and is now in use in such commerce.

The applicant's current attorney information: Richard S. Vermut. Richard S. Vermut of DRIVER, MCAFEE, HAWTHORNE & DIEBENOW, PLLC, is located at

      ONE INDEPENDENT DRIVE, SUITE 1200
      JACKSONVILLE, Florida 32202
      US

The phone number is 904-807-8207.

The fax number is 904-301-1279.

The email address is RVermut@drivermcafee.com

The applicants proposed attorney information: Richard S. Vermut. Other appointed attorneys are Thomas C. Saitta and all other attorneys in the firm. Richard S. Vermut of Driver, McAfee, Hawthorne & Diebenow, PL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      One Independent Drive, Suite 1200
      ONE INDEPENDENT DRIVE, SUITE 1200
      Jacksonville, Florida 32202
      United States

The phone number is 904-807-8207.

The fax number is 904-301-1279.

The email address is RVermut@drivermcafee.com

Richard S. Vermut submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: RICHARD S. VERMUT. RICHARD S. VERMUT of DRIVER, MCAFEE, HAWTHORNE & DIEBENOW, PLLC, is located at

      ONE INDEPENDENT DRIVE, SUITE 1200
      JACKSONVILLE, Florida 32202
      US

The phone number is 904-807-8207.

The fax number is 904-301-1279.

The email address is RVermut@drivermcafee.com; dboswell@drivermcafee.com; ipdocket@drivermcafee.com

The applicants proposed correspondence information: Richard S. Vermut. Richard S. Vermut of Driver, McAfee, Hawthorne & Diebenow, PL, is located at

      One Independent Drive, Suite 1200
      Jacksonville, Florida 32202
      United States

The phone number is 904-807-8207.

The fax number is 904-301-1279.

The email address is RVermut@drivermcafee.com; dboswell@drivermcafee.com; ipdocket@drivermcafee.com

FEE(S)
Fee(s) in the amount of $825 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Richard S. Vermut/     Date: 08/07/2019
Signatory's Name: Richard S. Vermut
Signatory's Position: Attorney of record

Signatory's Phone Number: 904-807-8207

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:    RICHARD S. VERMUT
   DRIVER, MCAFEE, HAWTHORNE & DIEBENOW, PLLC
   
   ONE INDEPENDENT DRIVE, SUITE 1200
   JACKSONVILLE, Florida 32202
Mailing Address:    Richard S. Vermut
   Driver, McAfee, Hawthorne & Diebenow, PL
   One Independent Drive, Suite 1200
   Jacksonville, Florida 32202
        
RAM Sale Number: 88349045
RAM Accounting Date: 08/07/2019
        
Serial Number: 88349045
Internet Transmission Date: Wed Aug 07 16:22:34 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20190807162234711
598-88349045-610e5a7ec281ea3e228fea6e311
8ad78ef617588ccc6f3e329c29cfa1bb538ec737
-CC-22339679-20190807154536813987