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. 88452692 CITYU HONG KONG INSTITUTE FOR DATA SCIENCE CITY UNIVERSITY OF HONG KONG (Stylized and/or with Design, see http://uspto.report/TM/88452692/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for Education; providing of training; university education services; academic educational services; education services relating to undergraduate, postgraduate and vocational education and training courses; college education; technical institutes education; instruction and training services; library services; arranging and conducting of conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes; career counselling; computer-based education services; arranging and conducting of educational courses, training workshops and practical training; design of educational courses, examinations and qualifications; arranging and conducting of educational examinations; examination and educational assessment services; postgraduate training services; courses relating to research and development; provision of correspondence courses; teaching and training services; providing facilities for educational and training purposes; business training provided through a simulation structure; advisory and information services in the fields of education and training provided on-line from a computer database or the Internet; professional consultancy services relating to education; publication of texts, books, periodicals, printed matter, photographs, magazines, instructional materials, teaching materials and educational materials; publication of educational articles in electronic form; on-line electronic publications (not downloadable); production of radio and television programmes; production of films, video tapes, video films, video compact disks and digital versatile disks; radio and television entertainment; organization of competition for educational and training purposes; entertainment; sporting and cultural activities; information, advisory and consultancy in relation to the aforesaid services
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[ Hong Kong application number 304938517 filed 05/27/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Education; Education, namely, education services in the nature of courses at the university level; providing of training; providing of training in the field of university courses at the undergraduate, graduate and post-graduate levels; university education services; university education services, namely, providing courses at the university level; academic educational services; academic educational services, namely, providing academic performance evaluations; education services relating to undergraduate, postgraduate and vocational education and training courses; education services relating to undergraduate, postgraduate and vocational education and training courses, namely, providing vocational training in the fields of science, engineering, social sciences, and business; college education; educating at a college; technical institutes education; technical institutes education, namely, providing technical training in the fields of science, engineering, social sciences, and business; instruction and training services; instruction and training services in the fields of science, engineering, social sciences, and business; library services; lending and mobile library services; arranging and conducting of conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes; arranging and conducting of conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; career counselling; career counselling, namely, providing advice concerning education options to pursue career opportunities; computer-based education services; computer-based education services, namely, conducting distance learning instruction at the university level; arranging and conducting of educational courses, training workshops and practical training; arranging and conducting of educational courses, training workshops and practical training in the fields of science, engineering, social sciences, and business; design of educational courses, examinations and qualifications; arranging and conducting of educational examinations; educational examination and educational assessment services; examination and educational assessment services; postgraduate training services, namely, conducting distance learning instruction at the university level; postgraduate training services; educational courses relating to research and development in the field of science, engineering, social sciences, and business; courses relating to research and development; provision of correspondence courses at the university level; provision of correspondence courses; teaching and training services at the undergraduate, graduate and post-graduate level; teaching and training services; providing facilities for educational and training purposes, namely conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; providing facilities for educational and training purposes; business training provided through a simulation structure; advisory and information services in the fields of education and training in the fields of science, engineering, social sciences, and business provided on-line from a computer database or the Internet; advisory and information services in the fields of education and training provided on-line from a computer database or the Internet; professional consultancy services relating to education; publication of texts, books, periodicals, printed matter, photographs, magazines, instructional materials, teaching materials and educational materials; publication of educational articles in the nature of books, manuals, newsletters, reviews, magazines in electronic form; publication of educational articles in electronic form; on-line non-downloadable electronic publications in the nature of books, manuals, newsletters, reviews, magazines; on-line electronic publications (not downloadable); production of radio and television programmes; production of films, video tapes, video films, video compact disks and digital versatile disks for educational and training purposes; production of films, video tapes, video films, video compact disks and digital versatile disks; radio and television entertainment in the nature of sports competitions and live performances; radio and television entertainment; organization of sports and music competition for educational and training purposes; organization of competition for educational and training purposes; entertainment services, namely, arranging and conducting of conferences, seminars, workshops, sports competitions, live performances, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; entertainment; sporting and cultural activities in the nature of sports competitions, live performances, conventions and exhibitions for cultural and educational purposes; sporting and cultural activities; information, advisory and consultancy in relation to the aforesaid services.; information, advisory and consultancy in relation to the aforesaid servicesClass 041 for Education, namely, education services in the nature of courses at the university level; providing of training in the field of university courses at the undergraduate, graduate and post-graduate levels; university education services, namely, providing courses at the university level; academic educational services, namely, providing academic performance evaluations; education services relating to undergraduate, postgraduate and vocational education and training courses, namely, providing vocational training in the fields of science, engineering, social sciences, and business; educating at a college; technical institutes education, namely, providing technical training in the fields of science, engineering, social sciences, and business; instruction and training services in the fields of science, engineering, social sciences, and business; lending and mobile library services; arranging and conducting of conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; career counselling, namely, providing advice concerning education options to pursue career opportunities; computer-based education services, namely, conducting distance learning instruction at the university level; arranging and conducting of educational courses, training workshops and practical training in the fields of science, engineering, social sciences, and business; arranging and conducting of educational examinations; educational examination and educational assessment services; postgraduate training services, namely, conducting distance learning instruction at the university level; educational courses relating to research and development in the field of science, engineering, social sciences, and business; provision of correspondence courses at the university level; teaching and training services at the undergraduate, graduate and post-graduate level; providing facilities for educational and training purposes, namely conferences, seminars, workshops, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; business training provided through a simulation structure; advisory and information services in the fields of education and training in the fields of science, engineering, social sciences, and business provided on-line from a computer database or the Internet; professional consultancy services relating to education; publication of texts, books, periodicals, printed matter, photographs, magazines, instructional materials, teaching materials and educational materials; publication of educational articles in the nature of books, manuals, newsletters, reviews, magazines in electronic form; on-line non-downloadable electronic publications in the nature of books, manuals, newsletters, reviews, magazines; production of radio and television programmes; production of films, video tapes, video films, video compact disks and digital versatile disks for educational and training purposes; radio and television entertainment in the nature of sports competitions and live performances; organization of sports and music competition for educational and training purposes; entertainment services, namely, arranging and conducting of conferences, seminars, workshops, sports competitions, live performances, conventions and exhibitions for cultural and educational purposes in the fields of science, engineering, social sciences, and business; sporting and cultural activities in the nature of sports competitions, live performances, conventions and exhibitions for cultural and educational purposes; information, advisory and consultancy in relation to the aforesaid services.
Deleted Filing Basis: 1(b)
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 [ Hong Kong application number 304938517 filed 05/27/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Hong Kong registration number 304938517 registered 10/28/2019 with a renewal date of __________ and an expiration date of 10/28/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-1435806-193837281_._Registration_Certificate_-_HKTM_No._304938517.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following:
Current: Class 042 for Scientific and technological services and research and design relating thereto; industrial analysis and research services; research and development (for others); computer services relating to compiling and processing of computerized data; computerised analysis of scientific data; data decryption services; development of computer systems for processing of data; research relating to data processing; design and development of computer hardware and software; updating of computer software; engineering; hosting computer websites; creating and maintaining web sites for others; monitoring of computer systems by remote access; rental of computer software and web servers; surveying; technical research; scientific laboratory services; information, advisory and consultancy in relation to the aforesaid services
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[ Hong Kong application number 304938517 filed 05/27/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Scientific and technological services and research and design relating thereto; Scientific and technological services, namely, research and design relating thereto in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; industrial analysis and research services; industrial analysis and research services in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; research and development (for others); research and development of new products for others; computer services relating to compiling and processing of computerized data; computer systems analysis, namely computerised analysis of scientific data; computerised analysis of scientific data; data encryption services; data decryption services; development of computer systems for processing of data; research relating to data processing; design and development of computer hardware and software in the field of software development, engineering, science, mathematics, veterinary medicine and architecture; design and development of computer hardware and software; updating of computer software; engineering services in the field of software development, engineering, science, mathematics, veterinary medicine and architecture; engineering; hosting computer websites of others; hosting computer websites; creating and maintaining websites for others; creating and maintaining web sites for others; monitoring of computer systems by remote access for education purpose; monitoring of computer systems by remote access; rental of computer software and web servers; surveying; technical research in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; technical research; scientific laboratory services; information, advisory and consultancy in relation to the aforesaid services.; information, advisory and consultancy in relation to the aforesaid servicesClass 042 for Scientific and technological services, namely, research and design relating thereto in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; industrial analysis and research services in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; research and development of new products for others; computer systems analysis, namely computerised analysis of scientific data; data encryption services; development of computer systems for processing of data; research relating to data processing; design and development of computer hardware and software in the field of software development, engineering, science, mathematics, veterinary medicine and architecture; updating of computer software; engineering services in the field of software development, engineering, science, mathematics, veterinary medicine and architecture; hosting computer websites of others; creating and maintaining websites for others; monitoring of computer systems by remote access for education purpose; rental of computer software and web servers; surveying; technical research in the fields of software development, engineering, science, mathematics, veterinary medicine and architecture; scientific laboratory services; information, advisory and consultancy in relation to the aforesaid services.
Deleted Filing Basis: 1(b)
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 [ Hong Kong application number 304938517 filed 05/27/2019]. 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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Hong Kong registration number 304938517 registered 10/28/2019 with a renewal date of __________ and an expiration date of 10/28/2029 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-1435806-193837281_._Registration_Certificate_-_HKTM_No._304938517.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: City University of Hong Kong, a corporation of Hong Kong, having an address of
      Tat Chee Avenue
      Kowloon,
      Hong Kong

Proposed: City University of Hong Kong, a corporation of Hong Kong, having an address of
      Tat Chee Avenue
      Kowloon,
      Hong Kong
      Email Address: Gabriela.Kennedy@mayerbrown.com

The owner's/holder's current attorney information: William R. Siegel. William R. Siegel of MAYER BROWN LLP, is located at

      P.O. BOX 2828
      CHICAGO, Illinois 60690-2828
      United States
      The phone number is 312-701-8637.
      The email address is ipdocket@mayerbrown.com

The owner's/holder's proposed attorney information: William R. Siegel. Other appointed attorneys are Michael D. Adams, Richard M. Assmus, Kristine M. Young, Guy W. Barcelona Jr., Daniel P. Virtue, Madelaine M. Thomas, Jonathan S. Brown. William R. Siegel of Mayer Brown LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 2828
      Chicago, Illinois 60690-2828
      United States
The docket/reference number is 19621100.
      The phone number is 312-701-8637.
      The email address is ipdocket@mayerbrown.com

William R. Siegel 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.Correspondence Information (current):
      WILLIAM R. SIEGEL
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mayerbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsiegel@mayerbrown.com
Correspondence Information (proposed):
      William R. Siegel
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@mayerbrown.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): wsiegel@mayerbrown.com

The docket/reference number is 19621100.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "Hong Kong Institute for Data Science" and " University" and the transliterated wording that means "University" apart from the mark as shown.


Color Claim
The color(s) white, burgundy, and black is/are claimed as a feature of the mark.

Description of mark
The mark consists of the words "CityU" in white inside a burgundy banner positioned to the left of the wording "Hong Kong Institute for Data Science" in burgundy above the black Chinese characters and the black wording "City University of Hong Kong".

Miscellaneous Statement
In response to the request for the disclaimer of the geographic wording and transliterated wording, Applicant respectfully disagrees with the request for some of the additional disclaimers. Regarding the requested disclaimer of "City University of Hong Kong", Applicant notes that the USPTO previously issued Registration No. 4981027 for CITY UNIVERSITY OF HONG KONG, in standard characters, in which the Examiner only required a disclaimer of "University". In order to maintain consistency, Applicant respectfully contends the same disclaimer is appropriate in this case. Regarding the requested disclaimer of "City U", Applicant respectfully contends CITYU is suggestive. Per TMEP 1209.01(a), "[s]uggestive marks are those that, when applied to the goods or services at issue, require imagination, thought, or perception to reach a conclusion as to the nature of those goods or services. Thus, a suggestive term differs from a descriptive term, which immediately tells something about the goods or services. See In re George Weston Ltd., 228 USPQ 57 (TTAB 1985) (SPEEDI BAKE for frozen dough found to fall within the category of suggestive marks because it only vaguely suggests a desirable characteristic of frozen dough, namely, that it quickly and easily may be baked into bread); In re The Noble Co., 225 USPQ 749 (TTAB 1985) (NOBURST for liquid antifreeze and rust inhibitor for hot-water-heating systems found to suggest a desired result of using the product rather than immediately informing the purchasing public of a characteristic, feature, function, or attribute); In re Pennwalt Corp., 173 USPQ 317 (TTAB 1972) (DRI-FOOT held suggestive of anti-perspirant deodorant for feet in part because, in the singular, it is not the usual or normal manner in which the purpose of an anti-perspirant and deodorant for the feet would be described)." In this case, Applicant respectfully contends that CITYU does not immediately tell something about the services. Applicant also contends, that the decision in re Pennwalt Corp. case is most relevant, as CITYU is not the usual or normal manner in which a university in a city would be described. Applicant further notes, that the CITYU portion of the mark is a unitary mark. TMEP 1213.05 provides "[a] unitary mark has certain observable characteristics. Specifically, its elements are inseparable. In a unitary mark, these observable characteristics must combine to show that the mark has a distinct meaning of its own independent of the meaning of its constituent elements. In other words, a unitary mark must create a single and distinct commercial impression. Dena Corp., 950 F.2d at 1561, 21 USPQ2d at 1052. If the matter that comprises the mark or relevant portion of the mark is unitary, no disclaimer of an element, whether descriptive, generic, or otherwise, is required." Applicant further notes, the USPTO has granted a number of registrations for marks including "U" for university related services, such as UMASS, Reg. No. 2053735, and OSU, Reg. No. 1121596, without a requirement for a disclaimer of "U". Since CITYU is a unitary mark and previous registrations including "U" have not required a disclaimer, Applicant respectfully contends a disclaimer is not required in this case. As such, Applicant respectfully requests the requirement for a disclaimer of "City U" be withdrawn. Should the Examiner have any remaining concerns, Applicant's attorney is available to discuss at 312-701-8637.


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: /william r siegel/      Date: 02/21/2020
Signatory's Name: William R. Siegel
Signatory's Position: Attorney of record, Illinois bar member, Mayer Brown LLP
Signatory's Phone Number: 3127018637


Response Signature
Signature: /william r siegel/     Date: 02/21/2020
Signatory's Name: William R. Siegel
Signatory's Position: Attorney of record, Illinois bar member, Mayer Brown LLP

Signatory's Phone Number: 3127018637

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:    WILLIAM R. SIEGEL
   MAYER BROWN LLP
   
   P.O. BOX 2828
   CHICAGO, Illinois 60690-2828
Mailing Address:    William R. Siegel
   Mayer Brown LLP
   P.O. Box 2828
   Chicago, Illinois 60690-2828
        
Serial Number: 88452692
Internet Transmission Date: Fri Feb 21 18:07:37 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.X.X-2020022118073718966
7-88452692-710259e48fee5959ab78a83a21259
e9a69d8fd5e88e9ffae8d137165f879885-N/A-N
/A-20200221180516090454