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. 88398082 INSIDE TRACK(Standard Characters, see http://uspto.report/TM/88398082/mark.png) has been amended as follows:

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

In response to the likelihood of confusion objection, Applicant notes that Reg. No. 2208497 is due for abandonment as a result of non-renewal. Applicant therefore respectfully requests that its application be suspended until the registration is listed as abandoned, and that its application proceed to publication if and when the registration is noted as abandoned. Applicant reserves all rights to make future arguments against the likelihood of confusion objection, should it need to do so in the future.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Consulting services in the field of internet marketing; Promotion and marketing services and related consulting; Political consultancy; Preparing and compiling financial reports; Preparing political spending reports; Providing information about political spending, namely, collection and provision of data relating to political spending; Designing and conducting studies and research regarding political spending
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: Consulting services in the field of internet marketing; Promotion and marketing services and related consulting; Political consultancy; Preparing and compiling financial reports; Preparing and compiling financial reports for others; Preparing political spending reports; Preparing political spending reports for others; Providing information about political spending, namely, collection and provision of data relating to political spending; Designing and conducting studies and research regarding political spendingClass 035 for Consulting services in the field of internet marketing; Promotion and marketing services and related consulting; Political consultancy; Preparing and compiling financial reports for others; Preparing political spending reports for others; Providing information about political spending, namely, collection and provision of data relating to political spending; Designing and conducting studies and research regarding political spending
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: Mary Witzel. Mary Witzel of DUNLAP BENNETT & LUDWIG PLLC, is located at

      211 CHURCH STREET SE
      LEESBURG, Virginia 20175
      US
The docket/reference number is 168462019002.

The email address is trademarks@dbllawyers.com

The applicants proposed attorney information: Mary Witzel. Mary Witzel of DUNLAP BENNETT & LUDWIG PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      211 CHURCH STREET SE
      LEESBURG, Virginia 20175
      United States
The docket/reference number is 168462019002.

The email address is trademarks@dbllawyers.com

Mary Witzel 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: MARY WITZEL. MARY WITZEL of DUNLAP BENNETT & LUDWIG PLLC, is located at

      211 CHURCH STREET SE
      LEESBURG, Virginia 20175
      US
The docket/reference number is 168462019002.

The email address is trademarks@dbllawyers.com; mwitzel@dbllawyers.com

The applicants proposed correspondence information: Mary Witzel. Mary Witzel of DUNLAP BENNETT & LUDWIG PLLC, is located at

      211 CHURCH STREET SE
      LEESBURG, Virginia 20175
      United States
The docket/reference number is 168462019002.

The email address is trademarks@dbllawyers.com

SIGNATURE(S)
Response Signature
Signature: /Mary Witzel/     Date: 09/17/2019
Signatory's Name: Mary Witzel
Signatory's Position: Attorney of Record, Virginia Bar Member

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:    MARY WITZEL
   DUNLAP BENNETT & LUDWIG PLLC
   
   211 CHURCH STREET SE
   LEESBURG, Virginia 20175
Mailing Address:    Mary Witzel
   DUNLAP BENNETT & LUDWIG PLLC
   211 CHURCH STREET SE
   LEESBURG, Virginia 20175
        
Serial Number: 88398082
Internet Transmission Date: Tue Sep 17 15:40:41 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-201909171540412924
99-88398082-610bad94cef6f66d12bc9d853a17
4f4e8c1be4af4110cc5fd018351ddc92570-N/A-
N/A-20190917153537502203