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. 88350691 YES DAY! (Stylized and/or with Design, see http://uspto.report/TM/88350691/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Providing information, news, forums and commentary in the field of autism, dementia, in particular Alzheimer's, and other illnesses and disabilities

Applicant hereby adds the following class of goods/services to the application:
New: Class 038 (Original Class: 041 ) for Providing an online forum in the fields of autism, dementia and Alzheimer's disease.
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 044 for Providing information, news, and commentary in the field of health and wellness relating to autism, dementia, and Alzheimer's disease.
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.

The applicant's current attorney information: Thorsten Schmidt. Thorsten Schmidt of SCHMIDT LLC, is located at

      6TH FLOOR
      708 THIRD AVENUE
      NEW YORK, New York 10017
      US
The docket/reference number is JS-004.

The phone number is 212-809-1444.

The email address is tschmidt@schmidt-llc.com

The applicants proposed attorney information: Thorsten Schmidt. Thorsten Schmidt of SCHMIDT LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6TH FLOOR
      708 THIRD AVENUE
      NEW YORK, New York 10017
      United States
The docket/reference number is JS-004.

The phone number is 212-809-1444.

The email address is tschmidt@schmidt-llc.com

Thorsten Schmidt 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: THORSTEN SCHMIDT. THORSTEN SCHMIDT of SCHMIDT LLC, is located at

      6TH FLOOR
      708 THIRD AVENUE
      NEW YORK, New York 10017
      US
The docket/reference number is JS-004.

The phone number is 212-809-1444.

The email address is tschmidt@schmidt-llc.com

The applicants proposed correspondence information: Thorsten Schmidt. Thorsten Schmidt of SCHMIDT LLC, is located at

      6TH FLOOR
      708 THIRD AVENUE
      NEW YORK, New York 10017
      United States
The docket/reference number is JS-004.

The phone number is 212-809-1444.

The email address is tschmidt@schmidt-llc.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) yellow, orange, purple, pink, and blue is/are claimed as a feature of the mark.

Description of mark
The mark consists of the stylized and vertically stacked wording "YES DAY!", with the yellow, orange, purple, and pink colored word "YES" being both larger than, and positioned above, the blue wording "DAY!" The letter "Y" in the word "YES" is colored various hues of yellow and orange, and the letter "E" in the word "YES" is colored various hues of orange, with a small, purple line near its lower right side. The letter "S" in the word "YES" is colored orange and pink, with additional, diagonal pink and purple lines on the letter's right side.

FEE(S)
Fee(s) in the amount of $275 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: /Thorsten Schmidt/      Date: 12/09/2019
Signatory's Name: Thorsten Schmidt
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 212-809-1444


Response Signature
Signature: /Thorsten Schmidt/     Date: 12/09/2019
Signatory's Name: Thorsten Schmidt
Signatory's Position: Attorney of record, New York Bar member

Signatory's Phone Number: 212-809-1444

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:    THORSTEN SCHMIDT
   SCHMIDT LLC
   6TH FLOOR
   708 THIRD AVENUE
   NEW YORK, New York 10017
Mailing Address:    Thorsten Schmidt
   SCHMIDT LLC
   6TH FLOOR
   708 THIRD AVENUE
   NEW YORK, New York 10017
        
RAM Sale Number: 88350691
RAM Accounting Date: 12/09/2019
        
Serial Number: 88350691
Internet Transmission Date: Mon Dec 09 21:44:09 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019120921440940
5538-88350691-70098a0f35f2e644ad8f3517f0
ee6293cc7356ac26c51fef6b5181ad657b8d68-C
C-44059277-20191209210254173310