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. 88440292 CLEARLY VISIONARY(Standard Characters, see http://uspto.report/TM/88440292/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 040 for Manufacturing of glass products, glass windows, and glass parts for vehicles; distributorship services in the field of glass products, glass windows, and glass parts for vehicles

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 040 ) for Distributorship services in the field of glass products, glass windows, and glass parts for vehicles
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 040 for Manufacturing services for others in the field of glass products, glass windows, and glass parts for vehicles
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: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37212
      US
The docket/reference number is 118430.0217.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

The applicants proposed attorney information: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37212
      United States
The docket/reference number is 118430.0217.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer 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: MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB. MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37212
      US
The docket/reference number is 118430.0217.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

The applicants proposed correspondence information: Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer. Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer of BASS, BERRY & SIMS PLC, is located at

      SUITE 2800
      150 3RD AVENUE SOUTH
      NASHVILLE, Tennessee 37212
      United States
The docket/reference number is 118430.0217.

The phone number is 615-742-7944.

The fax number is 615-248-2954.

The email address is trademarks@bassberry.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
REMARKS The outstanding Office action refused registration of the mark of the above-captioned application, asserting that amendments to the classification and recitation of services are required. By way of the foregoing Amendments, applicant has amended the recitation of services to remove any indefinite wording as suggested by the examining attorney. Furthermore, by way of the foregoing Amendments, applicant has separated the services into two (2) international classes. Applicant submits herewith the filing fees associated with adding one (1) international class to the application. CONCLUSION Based on the foregoing discussion, Applicant respectfully submits that the grounds for refusal are now overcome and that the application should advance to publication.


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

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: /Martha B. Allard/      Date: 11/19/2019
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record
Signatory's Phone Number: 615-742-7944


Response Signature
Signature: /Martha B. Allard/     Date: 11/19/2019
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record/Member, TN Bar

Signatory's Phone Number: 615-742-7944

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:    MARTHA B. ALLARD, JUHI K. PATEL, JOHNATHAN D. HOLB
   BASS, BERRY & SIMS PLC
   SUITE 2800
   150 3RD AVENUE SOUTH
   NASHVILLE, Tennessee 37212
Mailing Address:    Martha B. Allard, Juhi K. Patel, Johnathan D. Holbrook, Paige W. Mills and Robert L. Brewer
   BASS, BERRY & SIMS PLC
   SUITE 2800
   150 3RD AVENUE SOUTH
   NASHVILLE, Tennessee 37212
        
RAM Sale Number: 88440292
RAM Accounting Date: 11/19/2019
        
Serial Number: 88440292
Internet Transmission Date: Tue Nov 19 17:13:05 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XX.XX-2019111917130515965
9-88440292-700f548e4f86727672f9e2a2e2d4a
c5640beaa2128d4c6d24973323c59f4ca6e-DA-1
3048698-20191119142051009356