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. 88433313 KOALA(Standard Characters, see http://uspto.report/TM/88433313/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 Configurable websites, applications, and displays for electronic kiosks designed to enable food ordering
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/08/2019 and first used in commerce at least as early as 02/08/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Configurable websites, applications, and displays for electronic kiosks designed to enable food ordering; Computer software applications for enabling food ordering on electronic kiosks, and displays in the nature of touchscreens for electronic kiosks to enable food orderingClass 009 for Computer software applications for enabling food ordering on electronic kiosks, and displays in the nature of touchscreens for electronic kiosks to enable food ordering
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/08/2019 and first used in commerce at least as early as 02/08/2019 , 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 The specimen consists of two images: (1) an image of the mark used in connection with two electronic kiosks at a trade show exhibition held prior to the filing date of this trademark application, and (2) an image of the mark as the user sees it when logging into the branded software. .
"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 042 for Design and development of computer software providing configurable websites, applications, and displays for electronic kiosks
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/08/2019 and first used in commerce at least as early as 02/08/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Design and development of computer software providing configurable websites, applications, and displays for electronic kiosks; creating, designing and maintaining websites for others used for ordering foodClass 042 for Design and development of computer software providing configurable websites, applications, and displays for electronic kiosks; creating, designing and maintaining websites for others used for ordering food
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/08/2019 and first used in commerce at least as early as 02/08/2019 , and is now in use in such commerce.
The applicant's current attorney information: Michael Malyar. Michael Malyar of CORNER COUNSEL, LLC, is located at

      546 VALLEY ROAD SUITE 105
      MONTCLAIR, New Jersey 07043
      US
The docket/reference number is FUZZ00210.2.

The phone number is 862-432-2919.

The email address is mike.malyar@cornercounsel.com

The applicants proposed attorney information: Michael Malyar. Michael Malyar of CORNER COUNSEL, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      546 VALLEY ROAD SUITE 105
      MONTCLAIR, New Jersey 07043
      United States
The docket/reference number is FUZZ00210.2.

The phone number is 862-432-2919.

The email address is mike.malyar@cornercounsel.com

Michael Malyar 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: MICHAEL MALYAR. MICHAEL MALYAR of CORNER COUNSEL, LLC, is located at

      546 VALLEY ROAD SUITE 105
      MONTCLAIR, New Jersey 07043
      US
The docket/reference number is FUZZ00210.2.

The phone number is 862-432-2919.

The email address is mike.malyar@cornercounsel.com; konny.caploon@cornercounsel.com; patent@hard-ip.com

The applicants proposed correspondence information: Michael Malyar. Michael Malyar of CORNER COUNSEL, LLC, is located at

      546 VALLEY ROAD SUITE 105
      MONTCLAIR, New Jersey 07043
      United States
The docket/reference number is FUZZ00210.2.

The email address is mike.malyar@cornercounsel.com; konny.caploon@cornercounsel.com; patent@hard-ip.com

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: /Michael Malyar/      Date: 08/28/2019
Signatory's Name: Michael Malyar
Signatory's Position: Attorney of record, New Jersey Bar member

Response Signature
Signature: /Michael Malyar/     Date: 08/28/2019
Signatory's Name: Michael Malyar
Signatory's Position: Attorney of record, New Jersey 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:    MICHAEL MALYAR
   CORNER COUNSEL, LLC
   
   546 VALLEY ROAD SUITE 105
   MONTCLAIR, New Jersey 07043
Mailing Address:    Michael Malyar
   CORNER COUNSEL, LLC
   546 VALLEY ROAD SUITE 105
   MONTCLAIR, New Jersey 07043
        
Serial Number: 88433313
Internet Transmission Date: Wed Aug 28 11:52:11 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019082811521155
3030-88433313-610a6447e66fa60f77c4bf0ac4
2b2ab602b8f4f33a993f7f0bb45f2ed18ee4abce
8-N/A-N/A-20190828114121176799