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. 88378558 IN (Stylized and/or with Design, see http://uspto.report/TM/88378558/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 009 for Computer software for wholesale management, namely, customer relationship management, appointment scheduling, inventory tracking and management, invoicing, order processing and fulfillment; Computer software for wholesale management, namely, virtual showrooms; Computer software for wholesale management, namely, cost and trend forcasting, and tracking, analyzing and managing sales data
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/14/2018 and first used in commerce at least as early as 06/14/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for wholesale management, namely, customer relationship management, appointment scheduling, inventory tracking and management, invoicing, order processing and fulfillment; Downloadable computer software for use in wholesale management, namely, customer relationship management, appointment scheduling, inventory tracking and management, invoicing, order processing and fulfillment; Computer software for wholesale management, namely, virtual showrooms; downloadable computer software for use in wholesale management, namely, managing, editing, and displaying listings of wholesale goods in virtual showrooms; Computer software for wholesale management, namely, cost and trend forcasting, and tracking, analyzing and managing sales data; downloadable computer software for use in wholesale management, namely, cost and trend forecasting, and tracking, analyzing and managing sales dataClass 009 for Downloadable computer software for use in wholesale management, namely, customer relationship management, appointment scheduling, inventory tracking and management, invoicing, order processing and fulfillment; downloadable computer software for use in wholesale management, namely, managing, editing, and displaying listings of wholesale goods in virtual showrooms; downloadable computer software for use in wholesale management, namely, cost and trend forecasting, and tracking, analyzing and managing sales data
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/14/2018 and first used in commerce at least as early as 06/14/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of screenshots of the softwarer available for download in the iTunes app store .
"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]. Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Appointment scheduling; Inventory tracking and management; Invoicing; Order processing and fulfillment; Providing an on-line showroom for the goods of others in the field of fashion; Business management services, namely, managing logistics, reverse logistics, supply chain services, supply chain visibility and synchronization, supply and demand forecasting and product distribution processes for others
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/14/2018 and first used in commerce at least as early as 06/14/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Appointment scheduling; Appointment scheduling services; Inventory tracking and management; Inventory tracking, namely, providing tracking services of inventory in transit, namely, vehicles, trailers, drivers, cargo and delivery containers for business inventory purposes; inventory management; Order processing and fulfillment; Invoicing; Order processing, namely, administrative processing of purchase orders and electronic processing of orders for others; order fulfillment services; Providing an on-line showroom for the goods of others in the field of fashion; Business management services, namely, managing logistics, reverse logistics, supply chain services, supply chain visibility and synchronization, supply and demand forecasting and product distribution processes for othersClass 035 for Appointment scheduling services; Inventory tracking, namely, providing tracking services of inventory in transit, namely, vehicles, trailers, drivers, cargo and delivery containers for business inventory purposes; inventory management; Invoicing; Order processing, namely, administrative processing of purchase orders and electronic processing of orders for others; order fulfillment services; Providing an on-line showroom for the goods of others in the field of fashion; Business management services, namely, managing logistics, reverse logistics, supply chain services, supply chain visibility and synchronization, supply and demand forecasting and product distribution processes for others
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/14/2018 and first used in commerce at least as early as 06/14/2018 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing temporary use of online non-downloadable computer software for use in wholesale management, namely, customer relationship management, appointment scheduling, invoicing, order processing and fulfillment; Providing temporary use of online non-downloadable computer software for use in wholesale management, namely, managing, editing, and displaying listings in virtual showrooms for wholesale goods; Providing temporary use of online non-downloadable computer software for use in wholesale management, namely, cost and trend forecasting, and tracking, analyzing and managing sales data; Providing temporary use of online non-downloadable computer software for use in wholesale management, namely, inventory management and tracking for apparel, fashion accessories, footwear, and jewelry and precious stones.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/14/2018 and first used in commerce at least as early as 06/14/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of screenshots showing the non-downloadable software used in commerce .
"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:
SPN0-981136115-20191218110004570287_._Sepcimen1.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPN0-981136115-20191218110004570287_._Specimen2.pdf
Converted PDF file(s) ( 11 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11

The applicant's current attorney information: Kristin Grant. Kristin Grant of Grant Attorneys at Law PLLC, is located at

      40 Exchange Place, Suite 1306
      New York, New York 10005
      US

The phone number is 212-520-7881.

The email address is Kgrant@grantipattorneys.com

The applicants proposed attorney information: Kristin Grant. Kristin Grant of Grant Attorneys at Law PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      40 Exchange Place, Suite 1306
      New York, New York 10005
      United States

The phone number is 212-520-7881.

The email address is Kgrant@grantipattorneys.com

Kristin Grant 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: KRISTIN GRANT. KRISTIN GRANT of Grant Attorneys at Law PLLC, is located at

      40 Exchange Place, Suite 1306
      New York, New York 10005
      US

The phone number is 2125207881.

The email address is Kgrant@grantipattorneys.com

The applicants proposed correspondence information: Kristin Grant. Kristin Grant of Grant Attorneys at Law PLLC, is located at

      40 Exchange Place, Suite 1306
      New York, New York 10005
      United States

The phone number is 212-520-7881.

The email address is Kgrant@grantipattorneys.com

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: /Kristin Grant/      Date: 12/18/2019
Signatory's Name: Kristin Grant
Signatory's Position: Attorney of record, New York bar member
Signatory's Phone Number: 2125207881


Response Signature
Signature: /Kristin Grant/     Date: 12/18/2019
Signatory's Name: Kristin Grant
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2125207881

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:    KRISTIN GRANT
   Grant Attorneys at Law PLLC
   
   40 Exchange Place, Suite 1306
   New York, New York 10005
Mailing Address:    Kristin Grant
   Grant Attorneys at Law PLLC
   40 Exchange Place, Suite 1306
   New York, New York 10005
        
RAM Sale Number: 88378558
RAM Accounting Date: 12/18/2019
        
Serial Number: 88378558
Internet Transmission Date: Wed Dec 18 11:35:22 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20191218113522221
463-88378558-7004b956eca4cb6d6b846811975
4616e6201dad27e03cf3a1a49f4af3a6f2048-CC
-35207440-20191218110004570287