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. 88359336 ADIT(Standard Characters, see http://uspto.report/TM/88359336/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has partially refused registration of Applicant's mark ADIT for certain services on the ground of likelihood of confusion with the registered mark ADIT for "online advertising on computer communication networks."  To eliminate any potential likelihood of confusion, Applicant has, in this Response to Office Action, (1) excluded online advertising on computer communication networks from the identification of services, and (2) modified the identification of services to eliminate those that the Examining Attorney believed were commonly provided under the same mark as online advertising.  Accordingly, Applicant submits that the Examining Attorney should now withdraw the partial refusal to register and pass this application to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Brand development and brand positioning services featuring co-branding with established retailers for corporate and individual clients; curation of appropriate brands in the nature of brand management and brand position services; transportation logistics services, namely, arranging the warehousing and shipment of products for others
Original Filing Basis:
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.

Proposed:
Tracked Text Description: Brand development and brand positioning services featuring co-branding with established retailers for corporate and individual clients; Brand positioning services featuring co-branding with established retailers for corporate and individual clients, and excluding on-line advertising on computer communication networks; curation of appropriate brands in the nature of brand management and brand position services; transportation logistics services, namely, arranging the warehousing and shipment of products for othersClass 035 for Brand positioning services featuring co-branding with established retailers for corporate and individual clients, and excluding on-line advertising on computer communication networks; transportation logistics services, namely, arranging the warehousing and shipment of products for others
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.

SIGNATURE(S)
Response Signature
Signature: /LD Prutzman/     Date: 07/30/2019
Signatory's Name: L. Donald Prutzman
Signatory's Position: Attorney of Record NY bar member

Signatory's Phone Number: (212) 508-6739

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88359336
Internet Transmission Date: Tue Jul 30 12:44:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019073012444183
0053-88359336-62010f6cfdb3b51413c4f11b1f
c296d2473227dbb78c5cf625cb34163fee35e945
6-N/A-N/A-20190730122942622731