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
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88349921 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88349921/mark.png |
| LITERAL ELEMENT |
BENCHMARK |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
|
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_76177247125-20190915113609946308_._19.09.15-Applicant_s_Response_To_June_21__2019_Office_Action.pdf |
CONVERTED PDF FILE(S)
(7 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0006.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\883\499\88349921\xml10\ROA0008.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Applicant's Response to the June 21, 2019 Office Action. |
| GOODS AND/OR SERVICES SECTION (009)(class deleted) |
| GOODS AND/OR SERVICES SECTION (042)(current) |
| INTERNATIONAL CLASS |
042 |
| DESCRIPTION |
| Data Reporting Services, Namely, Providing Reports Regarding The Position Of A Structure And Status Of A Structure |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/09/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/11/2011 |
| GOODS AND/OR SERVICES SECTION (042)(proposed) |
| INTERNATIONAL CLASS |
042 |
| TRACKED TEXT DESCRIPTION |
Data Reporting Services, Namely, Providing Reports Regarding The Position Of A Structure And Status Of A
Structure; Data Reporting Services regarding the movement of a portion of a structure, namely, buildings or retaining walls, relative to a prior reference point
of the structure, where the services provide reports regarding the position of a portion of a structure and status of a portion of the structure's movement, resulting from changes in the soil
supporting the building or retaining wall and/or structural damage to the building or retaining wall, relative to the surface supporting the structure |
| FINAL DESCRIPTION |
| Data Reporting Services regarding the movement of a portion of a structure, namely, buildings or retaining walls, relative to a prior
reference point of the structure, where the services provide reports regarding the position of a portion of a structure and status of a portion of the structure's movement, resulting from changes in
the soil supporting the building or retaining wall and/or structural damage to the building or retaining wall, relative to the surface supporting the structure |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 10/09/2010 |
| FIRST USE IN COMMERCE DATE |
At least as early as 05/11/2011 |
| ATTORNEY SECTION (current) |
| NAME |
Kenneth F. Pearce |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
BUSINESS PATENT LAW, PLLC |
| STREET |
105 FRANKLIN COURT |
| CITY |
NICHOLASVILLE |
| STATE |
Kentucky |
| POSTAL CODE |
40356-9045 |
| COUNTRY |
US |
| PHONE |
859-239-8999 |
| EMAIL |
ken@businesspatentlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
2018KP1029PA |
| ATTORNEY SECTION (proposed) |
| NAME |
Kenneth F. Pearce |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
BUSINESS PATENT LAW, PLLC |
| STREET |
105 FRANKLIN COURT |
| CITY |
NICHOLASVILLE |
| STATE |
Kentucky |
| POSTAL CODE |
40356-9045 |
| COUNTRY |
United States |
| PHONE |
859-239-8999 |
| EMAIL |
ken@businesspatentlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
2018KP1029PA |
| CORRESPONDENCE SECTION (current) |
| NAME |
KENNETH F. PEARCE |
| FIRM NAME |
BUSINESS PATENT LAW, PLLC |
| STREET |
105 FRANKLIN COURT |
| CITY |
NICHOLASVILLE |
| STATE |
Kentucky |
| POSTAL CODE |
40356-9045 |
| COUNTRY |
US |
| PHONE |
859-239-8999 |
| EMAIL |
ken@businesspatentlaw.com; ken@businesspatentlaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
2018KP1029PA |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
Kenneth F. Pearce |
| FIRM NAME |
BUSINESS PATENT LAW, PLLC |
| STREET |
105 FRANKLIN COURT |
| CITY |
NICHOLASVILLE |
| STATE |
Kentucky |
| POSTAL CODE |
40356-9045 |
| COUNTRY |
United States |
| PHONE |
859-239-8999 |
| EMAIL |
ken@businesspatentlaw.com; patentrademark@bellsouth.net |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
2018KP1029PA |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/Kenneth F. Pearce/ |
| SIGNATORY'S NAME |
Kenneth F. Pearce |
| SIGNATORY'S POSITION |
Attorney of Record |
| SIGNATORY'S PHONE NUMBER |
859.239.8999 |
| DATE SIGNED |
09/15/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Sun Sep 15 11:52:38 EDT 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190915115238311546-8834
9921-610d1add818eb8268452
8a8dcf8aed9301ae05252ec23
8d8767c3a134b82a8ac-N/A-N
/A-20190915113609946308 |
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.
88349921 BENCHMARK(Standard Characters, see http://uspto.report/TM/88349921/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
EVIDENCE
Evidence in the nature of Applicant's Response to the June 21, 2019 Office Action. has been attached.
Original PDF file:
evi_76177247125-20190915113609946308_._19.09.15-Applicant_s_Response_To_June_21__2019_Office_Action.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for An Interactive System Connecting A Local Computing Device To One Or More Remote Servers, Namely, An Interactive System Where The Local Computing Device Provides Graphics For The User
And Transmits Data Associated With A Structure To One Or More Servers That Stores The Transmitted Data And Where One Or More Severs Manipulate The Stored Data Such That At The Request Of The User Of
The Local Computing Device A Structure Status Report Is Sent To The Local Computing Device
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Data Reporting Services, Namely, Providing Reports Regarding The Position Of A Structure And Status Of A Structure
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 10/09/2010 and first used in commerce at least as early as 05/11/2011 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Data Reporting Services, Namely, Providing Reports Regarding The Position Of A Structure And Status Of A Structure;
Data Reporting Services regarding the movement of a portion of a structure, namely, buildings or retaining walls, relative to a prior reference point of the structure, where the
services provide reports regarding the position of a portion of a structure and status of a portion of the structure's movement, resulting from changes in the soil supporting the building or
retaining wall and/or structural damage to the building or retaining wall, relative to the surface supporting the structureClass 042 for Data Reporting Services regarding the movement of a
portion of a structure, namely, buildings or retaining walls, relative to a prior reference point of the structure, where the services provide reports regarding the position of a portion of a
structure and status of a portion of the structure's movement, resulting from changes in the soil supporting the building or retaining wall and/or structural damage to the building or retaining wall,
relative to the surface supporting the structure
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 10/09/2010 and first used in commerce at least as early as 05/11/2011 , and
is now in use in such commerce.
The applicant's current attorney information: Kenneth F. Pearce. Kenneth F. Pearce of BUSINESS PATENT LAW, PLLC, is located at
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
US
The docket/reference number is 2018KP1029PA.
The phone number is 859-239-8999.
The email address is ken@businesspatentlaw.com
The applicants proposed attorney information: Kenneth F. Pearce. Kenneth F. Pearce of BUSINESS PATENT LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX,
is located at
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
United States
The docket/reference number is 2018KP1029PA.
The phone number is 859-239-8999.
The email address is ken@businesspatentlaw.com
Kenneth F. Pearce 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: KENNETH F. PEARCE. KENNETH F. PEARCE of BUSINESS PATENT LAW, PLLC, is located at
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
US
The docket/reference number is 2018KP1029PA.
The phone number is 859-239-8999.
The email address is ken@businesspatentlaw.com; ken@businesspatentlaw.com
The applicants proposed correspondence information: Kenneth F. Pearce. Kenneth F. Pearce of BUSINESS PATENT LAW, PLLC, is located at
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
United States
The docket/reference number is 2018KP1029PA.
The phone number is 859-239-8999.
The email address is ken@businesspatentlaw.com; patentrademark@bellsouth.net
SIGNATURE(S)
Response Signature
Signature: /Kenneth F. Pearce/ Date: 09/15/2019
Signatory's Name: Kenneth F. Pearce
Signatory's Position: Attorney of Record
Signatory's Phone Number: 859.239.8999
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: KENNETH F. PEARCE
BUSINESS PATENT LAW, PLLC
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
Mailing Address: Kenneth F. Pearce
BUSINESS PATENT LAW, PLLC
105 FRANKLIN COURT
NICHOLASVILLE, Kentucky 40356-9045
Serial Number: 88349921
Internet Transmission Date: Sun Sep 15 11:52:38 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909151152383
11546-88349921-610d1add818eb82684528a8dc
f8aed9301ae05252ec238d8767c3a134b82a8ac-
N/A-N/A-20190915113609946308
