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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88412320 |
LAW OFFICE ASSIGNED |
LAW OFFICE 128 |
MARK SECTION |
MARK |
http://uspto.report/TM/88412320/mark.png |
LITERAL ELEMENT |
WEALTH TRIANGLE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Audio and video prerecorded educational materials |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1957918 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
04/16/2019 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Audio and video prerecorded educational materials; Digital media,
namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring educational materials |
FINAL DESCRIPTION |
Digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs featuring educational materials |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1957918 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
04/16/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (016)(current) |
INTERNATIONAL CLASS |
016 |
DESCRIPTION |
Books and other educational materials |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1957918 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
04/16/2019 |
GOODS AND/OR SERVICES SECTION (016)(proposed) |
INTERNATIONAL CLASS |
016 |
TRACKED TEXT DESCRIPTION |
Books and other educational materials; Books and other printed
educational materials in the field of personal, professional, and business development |
FINAL DESCRIPTION |
Books and other printed educational materials in the field of personal, professional, and business development |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1957918 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
04/16/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (035)(no change) |
GOODS AND/OR SERVICES SECTION (041)(no change) |
GOODS AND/OR SERVICES SECTION (045)(no change) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
In the office action dated July 18, 2019, the Examining Attorney requested that the applicant provide the following information: 1. Does the
wording "WEALTH" have any significance in relation to the applied for goods and services, and if so, explain? 2. Does the wording "WEALTH" describe any key aspects, characteristic, purpose, and/or
similar in relation to the applied for goods and services, and if so, explain? 3. What is the subject matter and/or field of your goods in Classes 009 and 016? The applicant respectfully submits
that: 1. No 2. No 3. The fields of entrepreneurship, personal and professional growth. The Examining Attorney refused registration of this mark based on the likelihood of confusion with US Reg.
No.88412320. It is noted that the cited mark is due to be renewed no later than February 20, 2020. In light of this, it is requested that the subject application be suspended pending the outcome of
the renewal of the cited mark. |
CORRESPONDENCE SECTION (no change) |
NAME |
Lauren Lenza |
STREET |
43 West 43rd Street, Suite 262 |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10036 |
COUNTRY |
US |
EMAIL |
lauren.uspto@gmail.com; uspto.tms@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SECTION (proposed) |
NAME |
Lauren Lenza |
STREET |
43 West 43rd Street, Suite 262 |
CITY |
New York |
STATE |
New York |
POSTAL CODE |
10036 |
COUNTRY |
United States |
EMAIL |
lauren.uspto@gmail.com; uspto.tms@gmail.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Lauren Lenza/ |
SIGNATORY'S NAME |
Lauren Lenza |
SIGNATORY'S POSITION |
Attorney of Record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
973-515-1022 |
DATE SIGNED |
01/10/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jan 10 12:14:33 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0200110121433815111-88412
320-700aa65ba67d1ebe975eb
234edf638d3a32e444e3dc92d
f34164caebae3a3287db-N/A-
N/A-20200110102622844989 |
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.
88412320 WEALTH TRIANGLE(Standard Characters, see http://uspto.report/TM/88412320/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 Audio and video prerecorded educational materials
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1957918 filed 04/16/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Audio and video prerecorded educational materials;
Digital media, namely, pre-recorded DVDs,
downloadable audio and video recordings, and CDs featuring educational materialsClass 009 for Digital media, namely, pre-recorded DVDs, downloadable audio and video recordings, and CDs
featuring educational materials
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1957918 filed 04/16/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Books and other educational materials
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1957918 filed 04/16/2019]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Books and other educational materials;
Books and other printed educational materials in the field
of personal, professional, and business developmentClass 016 for Books and other printed educational materials in the field of personal, professional, and business development
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1957918 filed 04/16/2019]. 15 U.S.C.Section
1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
The applicant's current correspondence information: Lauren Lenza. Lauren Lenza, is located at
43 West 43rd Street, Suite 262
New York, New York 10036
US
The email address is lauren.uspto@gmail.com; uspto.tms@gmail.com
Lauren Lenza. Lauren Lenza, is located at
43 West 43rd Street, Suite 262
New York, New York 10036
United States
The email address is lauren.uspto@gmail.com; uspto.tms@gmail.com
ADDITIONAL STATEMENTS
Miscellaneous Statement
In the office action dated July 18, 2019, the Examining Attorney requested that the applicant provide the following information: 1. Does the wording "WEALTH" have any significance in relation to the
applied for goods and services, and if so, explain? 2. Does the wording "WEALTH" describe any key aspects, characteristic, purpose, and/or similar in relation to the applied for goods and services,
and if so, explain? 3. What is the subject matter and/or field of your goods in Classes 009 and 016? The applicant respectfully submits that: 1. No 2. No 3. The fields of entrepreneurship, personal
and professional growth. The Examining Attorney refused registration of this mark based on the likelihood of confusion with US Reg. No.88412320. It is noted that the cited mark is due to be renewed
no later than February 20, 2020. In light of this, it is requested that the subject application be suspended pending the outcome of the renewal of the cited mark.
SIGNATURE(S)
Response Signature
Signature: /Lauren Lenza/ Date: 01/10/2020
Signatory's Name: Lauren Lenza
Signatory's Position: Attorney of Record, New York Bar member
Signatory's Phone Number: 973-515-1022
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: Lauren Lenza
43 West 43rd Street, Suite 262
New York, New York 10036
Serial Number: 88412320
Internet Transmission Date: Fri Jan 10 12:14:33 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020011012143381
5111-88412320-700aa65ba67d1ebe975eb234ed
f638d3a32e444e3dc92df34164caebae3a3287db
-N/A-N/A-20200110102622844989