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. 88364208 TECHTERMS(Standard Characters, see http://uspto.report/TM/88364208/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_3893392-20191210182312469025_._1001_Arguments_against_descriptiveness_refusal.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing original definitions of technical terms in an online dictionary
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 07/10/2005 and first used in commerce at least as early as 08/01/2005 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing original definitions of technical terms in an online dictionary; Providing customized on-line web pages and data feeds featuring user-defined information, which includes blog posts new media content, other on-line content and on-line web links to other websitesClass 042 for Providing customized on-line web pages and data feeds featuring user-defined information, which includes blog posts new media content, other on-line content and on-line web links to other websites
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 07/10/2005 and first used in commerce at least as early as 08/01/2005 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of webpages .
"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:
SPU0-3893392-20191210182312469025_._1001_Substitute_specimen.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant hereby appoints Joseph J. Mellema, Esq.. Other appointed attorneys are Rod S. Berman, Esq., Bernard R. Gans, Esq., Jessica Bromall Sparkman, Esq., Brennan C. Swain, Esq., Gregory S. Cordrey, Esq.. Joseph J. Mellema, Esq. of Jeffer Mangels Butler & Mitchell LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1900 Avenue of the Stars, 7th Floor
      Los Angeles, California 90067
      United States
to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 79219-1002.

The phone number is 3102038080.

The email address is trademarkdocket@jmbm.com

Joseph J. Mellema, Esq. 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: PER CHRISTENSSON. PER CHRISTENSSON of SHARPENED PRODUCTIONS, INC, is located at

      100 COVENTRY LN
      EDINA, Minnesota 55435
      US

The phone number is 952-393-1316.

The email address is admin@sharpened.com

The applicants proposed correspondence information: Joseph J. Mellema, Esq.. Joseph J. Mellema, Esq. of Jeffer Mangels Butler & Mitchell LLP, is located at

      1900 Avenue of the Stars, 7th Floor
      Los Angeles, California 90067
      United States
The docket/reference number is 79219-1001.

The phone number is 3102038080.

The email address is trademarkdocket@jmbm.com; docketing@jmbm.com; JJM@jmbm.com; s1c@jmbm.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_3893392-153854827_._Pages_from_TechTerms_79219-1001.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Per Christensson
Signatory's Position: President
Signatory's Phone Number: 9496237200


Response Signature
Signature: /Joseph J. Mellema/     Date: 12/20/2019
Signatory's Name: Joseph J. Mellema, Esq.
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 9496237200

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:    PER CHRISTENSSON
   SHARPENED PRODUCTIONS, INC
   
   100 COVENTRY LN
   EDINA, Minnesota 55435
Mailing Address:    Joseph J. Mellema, Esq.
   Jeffer Mangels Butler & Mitchell LLP
   1900 Avenue of the Stars, 7th Floor
   Los Angeles, California 90067
        
Serial Number: 88364208
Internet Transmission Date: Fri Dec 20 15:43:46 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2019122015434657829
2-88364208-7008b64a48f2d2b16783d4d54f3f2
6a55ebd84e3938e61ab2c9f10f3671e4f8a55-N/
A-N/A-20191220153854827257