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. 88366293 WAVETECH(Standard Characters, see http://uspto.report/TM/88366293/mark.png) has been amended as follows:

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

The attached .pdf filed containing Applicant remarks and arguments in support of registration of the subject mark is incorporated by reference as if set forth in its entirety herein.

EVIDENCE

Original PDF file:
evi_2600170028a0114046-20200619141832914293_._Trademark_Remarks_Responsive_to_OA_Dated_20191219.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 proposes to amend the following:
Current: Class 035 for Franchise services, namely, offering business management assistance in the establishment and operation of acoustic sound wave treatment facilities; Franchising, namely, consultation and assistance in business management, organization and promotion
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: Franchise services, namely, offering business management assistance in the establishment and operation of acoustic sound wave treatment facilities; Franchise services, namely, offering business management assistance in the establishment and operation of therapeutic acoustic sound wave treatment facilities for activation of connective tissue, and for pain reduction and improved blood supply; Franchising, namely, consultation and assistance in business management, organization and promotion; Franchising, namely, consultation and assistance in business management, organization and promotion of therapeutic acoustic sound wave treatment facilities for activation of connective tissue, and for pain reduction and improved blood supplyClass 035 for Franchise services, namely, offering business management assistance in the establishment and operation of therapeutic acoustic sound wave treatment facilities for activation of connective tissue, and for pain reduction and improved blood supply; Franchising, namely, consultation and assistance in business management, organization and promotion of therapeutic acoustic sound wave treatment facilities for activation of connective tissue, and for pain reduction and improved blood supply
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: WaveTech Franchising, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      3667 Looper Lake Pt.
      Gainesville, Georgia 30506
      United States
      Email Address: XXXX
      770-847-9367 x100
Proposed: WaveTech Franchising, LLC, a limited liability company legally organized under the laws of Georgia, having an address of
      3667 Looper Lake Pt.
      Gainesville, Georgia 30506
      United States
      Email Address: XXXX
      770-847-9367 x100

The owner's/holder's current attorney information: Barry E. Kaplan. Barry E. Kaplan of KAPLAN INTELLECTUAL PROPERTY LAW, LLC, is located at

      2310 PEACHFORD ROAD
      ATLANTA, Georgia 30338
      United States
The docket/reference number is K20100_001.
      The phone number is 770-847-9367 x100.
      The email address is bkaplan@kaplanip.com

The owner's/holder's proposed attorney information: Barry E. Kaplan. Other appointed attorneys are all attorneys associated with USPTO Customer Number 134922. Barry E. Kaplan of KAPLAN INTELLECTUAL PROPERTY LAW, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2310 PEACHFORD ROAD
      ATLANTA, Georgia 30338
      United States
The docket/reference number is K20100_001.
      The phone number is 770-847-9367 x100.
      The email address is bkaplan@kaplanip.com

Barry E. Kaplan 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.Correspondence Information (current):
      BARRY E. KAPLAN
      PRIMARY EMAIL FOR CORRESPONDENCE: bkaplan@kaplanip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkaplaniplaw@gmail.com

The docket/reference number is K20100_001.
Correspondence Information (proposed):
      Barry E. Kaplan
      PRIMARY EMAIL FOR CORRESPONDENCE: bkaplan@kaplanip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): bkaplaniplaw@gmail.com

The docket/reference number is K20100_001.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /Barry E. Kaplan/     Date: 06/19/2020
Signatory's Name: Barry E. Kaplan
Signatory's Position: Attorney of Record, Georgia Bar Member

Signatory's Phone Number: 770-847-9367

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:    BARRY E. KAPLAN
   KAPLAN INTELLECTUAL PROPERTY LAW, LLC
   
   2310 PEACHFORD ROAD
   ATLANTA, Georgia 30338
Mailing Address:    Barry E. Kaplan
   KAPLAN INTELLECTUAL PROPERTY LAW, LLC
   2310 PEACHFORD ROAD
   ATLANTA, Georgia 30338
        
Serial Number: 88366293
Internet Transmission Date: Fri Jun 19 14:37:01 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX::XX-202006
19143701858416-88366293-7109e5d7ece8ff14
73067bbc75c37e57df8243415f8cde1d54eb7f59
db126d1f0-N/A-N/A-20200619141832914293