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. 88365632 BLUEPRINT(Standard Characters, see http://uspto.report/TM/88365632/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technical and economic advice, information and consultancy in relation to 3D printers, 3D printing materials and 3D printing, namely, technological and economic consultation in the technology field of 3D printers and printing systems for use in additive manufacturing; Consulting services in the field of additive manufacturing, namely, adoption, implementation and utilization of additive technologies; Research, development, and design consultancy in relation to the additive manufacture of parts
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: Technical and economic advice, information and consultancy in relation to 3D printers, 3D printing materials and 3D printing, namely, technological and economic consultation in the technology field of 3D printers and printing systems for use in additive manufacturing; Research, development, and design consultancy in relation to the additive manufacture of parts; Consulting services in the field of additive manufacturing, namely, adoption, implementation and utilization of additive technologiesClass 042 for Research, development, and design consultancy in relation to the additive manufacture of parts
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 007 for Technical advice, information and consultancy in relation to 3D printers and 3D printing materials, namely, technological consultation in the technology field of 3D printers and printing systems for use in additive manufacturing
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 035 for Economic advice, information and consultancy in relation to 3D printers, 3D printing materials and 3D printing, namely, economic consultation in the technology field of 3D printers and printing systems for use in additive manufacturing
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 040 for Technical advice, information and consultancy in relation to 3D printing; Consulting services in the field of additive manufacturing, namely, adoption, implementation and utilization of additive technologies
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: James L. Young. James L. Young of WESTMAN, CHAMPLIN & KOEHLER, P.A., is located at

      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      US
The docket/reference number is S697.6129US1.

The phone number is 612-334-3222.

The email address is jyoung@wck.com

The applicants proposed attorney information: James L. Young. Other appointed attorneys are Alan G. Rego; Brian D. Kaul; David D. Brush; Hallie A. Finucane; John D. Veldhuis-Kroeze; Judson K. Champlin; Leanne T. Farrell; Mai-Tram D. Lauer; Amanda M. Prose; Z. Peter Sawicki; Steven M. Koehler; Theodore M. Magee; Daniel J. Polglaze; Austen Zuege; Barbara Clark; Pamela Jeppson.. James L. Young of WESTMAN, CHAMPLIN & KOEHLER, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is S697.6129US1.

The phone number is 612-334-3222.

The email address is jyoung@wck.com

James L. Young 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: JAMES L. YOUNG. JAMES L. YOUNG of WESTMAN, CHAMPLIN & KOEHLER, P.A., is located at

      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      US
The docket/reference number is S697.6129US1.

The phone number is 612-330-0495.

The fax number is 612-334-3312.

The email address is jyoung@wck.com; agooley@wck.com

The applicants proposed correspondence information: James L. Young. James L. Young of WESTMAN, CHAMPLIN & KOEHLER, P.A., is located at

      121 South Eighth Street, Suite 1100
      Minneapolis, Minnesota 55402
      United States
The docket/reference number is S697.6129US1.

The phone number is 612-334-3222.

The email address is jyoung@wck.com; agooley@wck.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
This Amendment is submitted in response to the Office Action of June 4, 2019. In that Office Action, the only issue raised was a requirement to clarify and properly classify the identification of goods and services in this application. In the Office Action, the US Trademark Examining Attorney suggested wording and classifications for Applicant's goods and services which would result in four classes of goods and services being presented in the application (Classes 007, 036, 040 & 042). Applicant agrees that the presented goods and services are properly classified in multiple classes, but suggests alternate wording and classifications from those suggested by the US Trademark Examining Attorney in the June 4, 2019 Office Action. Applicant instead suggests adopting the suggested classifications and wording for its goods and services as set forth herein, as taken from the suggestions of the US Trademark Examining Attorney in Applicant's related trademark application Serial No. 88451271, in an Office Action issued August 24, 2019 in that application. The four classes of goods and services thus presented herein are Classes 007, 035, 040 & 042. With this Amendment, Applicant submits the filing fees for three additional classes. Applicant submits that this application, as amended, is in condition for the issuance of a Notice of Publication, and such action is respectfully requested. Please direct any inquiry regarding this application to James L. Young at jyoung@wck.com or 612-330-0495.


FEE(S)
Fee(s) in the amount of $825 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: /James L. Young/      Date: 12/04/2019
Signatory's Name: JAMES L. YOUNG
Signatory's Position: Attorney of Record, Minnesota & Nebraska Bar Member
Signatory's Phone Number: 612-330-0495


Response Signature
Signature: /James L. Young/     Date: 12/04/2019
Signatory's Name: James L. Young
Signatory's Position: Attorney of Record, Minnesota & Nebraska bar member

Signatory's Phone Number: 612-330-0495

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:    JAMES L. YOUNG
   WESTMAN, CHAMPLIN & KOEHLER, P.A.
   
   121 South Eighth Street, Suite 1100
   Minneapolis, Minnesota 55402
Mailing Address:    James L. Young
   WESTMAN, CHAMPLIN & KOEHLER, P.A.
   121 South Eighth Street, Suite 1100
   Minneapolis, Minnesota 55402
        
RAM Sale Number: 88365632
RAM Accounting Date: 12/04/2019
        
Serial Number: 88365632
Internet Transmission Date: Wed Dec 04 16:45:03 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912041645032
56876-88365632-700d7a1c430bc333f68299c2a
cfd3a24435287d855a7ceebf5e4d5348253138dc
-CC-45011374-20191204161716975929