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. 88454180 NOW(Standard Characters, see http://uspto.report/TM/88454180/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Office Action arguement PDF attachment and exhibits consisting of grammar guide explaining use of acronyms, collection of acronyms not using periods, screenshots of telemedicine kiosks, and collection of NOW-formative registered marks has been attached.
Original PDF file:
evi_65254213240-20200226202739322517_._NOW_Response_Exhibit_A.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_65254213240-20200226202739322517_._NOW_Response_Exhibit_B.PDF
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_65254213240-20200226202739322517_._NOW_Response_Exhibit_C.PDF
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_65254213240-20200226202739322517_._NOW_Response_Exhibit_D.PDF
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_65254213240-20200226202739322517_._NOW_Response_to_Office_Action.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
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Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 038 for Teleconferencing and telepresence communication services offered by means of a kiosk
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.

Proposed:
Tracked Text Description: Teleconferencing and telepresence communication services offered by means of a kiosk; Teleconferencing and telepresence communication services involving medical consultations and services offered by means of a kioskClass 038 for Teleconferencing and telepresence communication services involving medical consultations and services offered by means of a kiosk
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Graysky Capital Group, LLC, a limited liability company legally organized under the laws of New York, having an address of
      115 Cove Neck Road
      Oyster Bay, New York 11771
      United States

Proposed: Graysky Capital Group, LLC, a limited liability company legally organized under the laws of New York, having an address of
      115 Cove Neck Road
      Oyster Bay, New York 11771
      United States
      Email Address: trademarks@mcguirewoods.com

The owner's/holder's current attorney information: Christopher J. Verstrate. Christopher J. Verstrate of MCGUIREWOODS LLP, is located at

      SUITE 4100
      77 WEST WACKER DRIVE
      CHICAGO, Illinois 60601-1818
      United States
      The phone number is 312-750-8937.
      The fax number is 312-920-6596.
      The email address is cverstrate@mcguirewoods.com

The owner's/holder's proposed attorney information: Christopher J. Verstrate. Christopher J. Verstrate of MCGUIREWOODS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 4100
      77 WEST WACKER DRIVE
      CHICAGO, Illinois 60601-1818
      United States
      The phone number is 312-750-8937.
      The fax number is 312-920-6596.
      The email address is cverstrate@mcguirewoods.com

Christopher J. Verstrate 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):
      CHRISTOPHER J. VERSTRATE
      PRIMARY EMAIL FOR CORRESPONDENCE: cverstrate@mcguirewoods.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@mcguirewoods.com
Correspondence Information (proposed):
      Christopher J. Verstrate
      PRIMARY EMAIL FOR CORRESPONDENCE: cverstrate@mcguirewoods.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): trademarks@mcguirewoods.com

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).

SIGNATURE(S)
Response Signature
Signature: /cjv/     Date: 02/26/2020
Signatory's Name: Christopher Verstrate
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 3127508937

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:    CHRISTOPHER J. VERSTRATE
   MCGUIREWOODS LLP
   SUITE 4100
   77 WEST WACKER DRIVE
   CHICAGO, Illinois 60601-1818
Mailing Address:    Christopher J. Verstrate
   MCGUIREWOODS LLP
   SUITE 4100
   77 WEST WACKER DRIVE
   CHICAGO, Illinois 60601-1818
        
Serial Number: 88454180
Internet Transmission Date: Wed Feb 26 20:42:48 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002262042482
44569-88454180-710d64b9b54a811cea8928eb3
cffa29cf3d16165bf77916b67e39cedde56aec8e
7f-N/A-N/A-20200226202739322517