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) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 88413279 |
LAW OFFICE ASSIGNED | LAW OFFICE 121 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/88413279/mark.png |
LITERAL ELEMENT | PRINTIVITY |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
ARGUMENT(S) | |
The application's specimen was refused for lack of showing a direct association between the applied-for mark and the identified services. Accordingly, Applicant is submitting a substitute specimen of a Printivity marketing banner that displays the printing services and products offered to the public by Printivity for sale. This substitute specimen shows a direct association between the applied-for mark and the identified services, and was in use at least as early as the Date of First Use of Mark in Commerce, February 16, 2016. The applicant is aware of the prior filed intent to use application (SN#88322719). Applicant has filed its opposition to this prior filed application. Applicant's use date significantly pre date's prior applicant's filing date. | |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 040 |
DESCRIPTION | Printing services |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/18/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 02/16/2016 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 040 |
DESCRIPTION | Printing services |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 09/18/2015 |
FIRST USE IN COMMERCE DATE | At least as early as 02/16/2016 |
STATEMENT TYPE | "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 FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-50242178210-20200110181827491270_._Specimen_-_Substitute_-_CustomerEvent.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\884\132\88413279\xml4\ROA0002.JPG |
SPECIMEN DESCRIPTION | A PDF File of an image of a Printivity marketing banner used at trade shows and presentations that displays the printing services and products offered to the public by Printivity for sale. This substitute specimen shows a direct association between the applied-for mark and the identified printing services. |
ATTORNEY SECTION (current) | |
NAME | Harvey S. Jacobs |
ATTORNEY BAR MEMBERSHIP NUMBER | NOT SPECIFIED |
YEAR OF ADMISSION | NOT SPECIFIED |
U.S. STATE/ COMMONWEALTH/ TERRITORY | NOT SPECIFIED |
FIRM NAME | JACOBS & ASSOCIATES, ATTORNEYS AT LAW, LLC |
INTERNAL ADDRESS | SUITE 975 |
STREET | 111 ROCKVILLE PIKE |
CITY | ROCKVILLE |
STATE | Maryland |
POSTAL CODE | 20850 |
COUNTRY | US |
PHONE | 301-417-4144 |
FAX | 2403997901 |
jacobs@jacobs-associates.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | HJ1344-001 |
ATTORNEY SECTION (proposed) | |
NAME | Harvey S. Jacobs |
ATTORNEY BAR MEMBERSHIP NUMBER | XXX |
YEAR OF ADMISSION | XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY | XX |
FIRM NAME | JACOBS & ASSOCIATES, ATTORNEYS AT LAW, LLC |
INTERNAL ADDRESS | SUITE 975 |
STREET | 111 ROCKVILLE PIKE |
CITY | ROCKVILLE |
STATE | Maryland |
POSTAL CODE | 20850 |
COUNTRY | United States |
PHONE | 301-417-4144 |
FAX | 2403997901 |
jacobs@jacobs-associates.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | HJ1344-001 |
CORRESPONDENCE SECTION (current) | |
NAME | HARVEY S. JACOBS |
FIRM NAME | JACOBS & ASSOCIATES, ATTORNEYS AT LAW, LLC |
INTERNAL ADDRESS | SUITE 975 |
STREET | 111 ROCKVILLE PIKE |
CITY | ROCKVILLE |
STATE | Maryland |
POSTAL CODE | 20850 |
COUNTRY | US |
PHONE | 301-417-4144 |
FAX | 2403997901 |
jacobs@jacobs-associates.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | HJ1344-001 |
CORRESPONDENCE SECTION (proposed) | |
NAME | Harvey S. Jacobs |
FIRM NAME | JACOBS & ASSOCIATES, ATTORNEYS AT LAW, LLC |
INTERNAL ADDRESS | SUITE 975 |
STREET | 111 ROCKVILLE PIKE |
CITY | ROCKVILLE |
STATE | Maryland |
POSTAL CODE | 20850 |
COUNTRY | United States |
PHONE | 301-417-4144 |
FAX | 2403997901 |
jacobs@jacobs-associates.com | |
AUTHORIZED TO COMMUNICATE VIA EMAIL | Yes |
DOCKET/REFERENCE NUMBER | HJ1344-001 |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /harvey s jacobs/ |
SIGNATORY'S NAME | Harvey S. Jacobs |
SIGNATORY'S POSITION | Attorney of record |
SIGNATORY'S PHONE NUMBER | 301-417-4144 |
DATE SIGNED | 01/10/2020 |
RESPONSE SIGNATURE | /harvey s jacobs/ |
SIGNATORY'S NAME | Harvey S. Jacobs |
SIGNATORY'S POSITION | Attorney of record |
SIGNATORY'S PHONE NUMBER | 301-417-4144 |
DATE SIGNED | 01/10/2020 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Jan 10 19:11:44 EST 2020 |
TEAS STAMP | USPTO/ROA-XX.XXX.XXX.XXX- 20200110191144142108-8841 3279-700f05d73ad7ab4ea68c 22bf3b28138933536f23c0bbb 165e3e828b51c4a89f34-N/A- N/A-20200110181827491270 |
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) |
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.