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. 88379279 FUNNEL(Standard Characters, see http://uspto.report/TM/88379279/mark.png) has been amended as follows:

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

The Amendments and Remarks are attached herewith as a .PDF file to preserve the formatting of the text.

EVIDENCE
Evidence in the nature of Remarks and Amendments with referenced Exhibits A and B has been attached.
Original PDF file:
evi_38111352-20200220150343558155_._Response.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_38111352-20200220150343558155_._Exhibit_A.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Original PDF file:
evi_38111352-20200220150343558155_._Exhibit_B.pdf
Converted PDF file(s) ( 26 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
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Evidence-25
Evidence-26

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for downloadable and non-downloadable software in the field of real estate properties, listings, and transactions; real estate software featuring searching, organizing, managing, monitoring, and analyzing real estate property information, listings, content, and transactions
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: downloadable and non-downloadable software in the field of real estate properties, listings, and transactions; downloadable software in the field of real estate properties and real estate transactions, namely, software for searching, organizing, managing, monitoring, distributing, and analyzing real estate property information, real estate content, and real estate transactions; real estate software featuring searching, organizing, managing, monitoring, and analyzing real estate property information, listings, content, and transactions; downloadable real estate software featuring searching, organizing, managing, monitoring, and analyzing real estate property information, real estate content, and real estate transactionsClass 009 for downloadable software in the field of real estate properties and real estate transactions, namely, software for searching, organizing, managing, monitoring, distributing, and analyzing real estate property information, real estate content, and real estate transactions; downloadable real estate software featuring searching, organizing, managing, monitoring, and analyzing real estate property information, real estate content, and real estate transactions
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 042 for providing online non-downloadable software in the field of real estate properties and real estate transactions, namely, software for searching, organizing, managing, monitoring, distributing, and analyzing real estate property information, real estate content, and real estate transactions; software as a service (SAAS) services featuring real estate software for searching, organizing, managing, monitoring, and analyzing real estate property information, real estate content, and real estate transactions
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: Nestio, Inc., a corporation of Delaware, having an address of
      150 W. 22nd Street, 8th Floor
      New York, New York 10011
      United States

Proposed: Nestio, Inc., a corporation of Delaware, having an address of
      150 W. 22nd Street, 8th Floor
      New York, New York 10011
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Douglas R. Wolf. Douglas R. Wolf of WOLF, GREENFIELD & SACKS, P.C., is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210
      United States
The docket/reference number is N05262000100.
      The phone number is 617-646-8000.
      The fax number is 617-646-8646.

The owner's/holder's proposed attorney information: Douglas R. Wolf. Douglas R. Wolf of WOLF, GREENFIELD & SACKS, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 ATLANTIC AVENUE
      BOSTON, Massachusetts 02210
      United States
The docket/reference number is N05262000100.
      The phone number is 617-646-8000.
      The fax number is 617-646-8646.
      The email address is drwtrademarks@wolfgreenfield.com

Douglas R. Wolf 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):
      DOUGLAS R. WOLF
      PRIMARY EMAIL FOR CORRESPONDENCE: drwtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is N05262000100.
Correspondence Information (proposed):
      Douglas R. Wolf
      PRIMARY EMAIL FOR CORRESPONDENCE: drwtrademarks@wolfgreenfield.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): azstrademarks@wolfgreenfield.com

The docket/reference number is N05262000100.

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).

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Amanda Slade/     Date: 02/20/2020
Signatory's Name: Amanda Slade
Signatory's Position: Associate Attorney, Wolf, Greenfield & Sacks, P.C., Massachusetts Bar Member

Signatory's Phone Number: 617-646-8193

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:    DOUGLAS R. WOLF
   WOLF, GREENFIELD & SACKS, P.C.
   
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210
Mailing Address:    Douglas R. Wolf
   WOLF, GREENFIELD & SACKS, P.C.
   600 ATLANTIC AVENUE
   BOSTON, Massachusetts 02210
        
RAM Sale Number: 88379279
RAM Accounting Date: 02/20/2020
        
Serial Number: 88379279
Internet Transmission Date: Thu Feb 20 15:58:59 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.X-202002201558592764
59-88379279-710a81b797328e65eb9d7ac7ca8d
7bd3bb7e797bad8fa82f219ff80b6bc9da3-CC-5
8579220-20200220150343558155