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. 88458820 SIMPLEXGROUP (Stylized and/or with Design, see http://uspto.report/TM/88458820/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 041 for Business educational and training services for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, pertaining to supervisor, employee and driver training, onsite group and individual training, online safety training, drug testing and driver awareness training
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business educational and training services for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, pertaining to supervisor, employee and driver training, onsite group and individual training, online safety training, drug testing and driver awareness training; Business educational and training services, namely, conducting courses in the field of commercial transportation for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, pertaining to topics of supervisor, employee and driver training, onsite group and individual training, online safety training, drug testing and driver awareness trainingClass 041 for Business educational and training services, namely, conducting courses in the field of commercial transportation for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations, pertaining to topics of supervisor, employee and driver training, onsite group and individual training, online safety training, drug testing and driver awareness training
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.
Applicant proposes to amend the following:
Current: Class 045 for Consulting in the field of commercial trucking and transportation with respect to safety and loss control for the purpose of compliance with federal, state and local government agency or entity rules regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Safety inspection audits related to truck driver and motor carrier safety, review and update of commercial motor vehicle driver safety programs, and illness and injury prevention planning for the purpose of compliance with federal, state and local government agency or entity rules regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Consulting services in the commercial motor vehicle and transportation industry for obtaining permits and licensing for commercial motor vehicle drivers and/or motor carriers and tax services, including transportation fuel tax and other local, state and federal taxes, concerning the transportation industry
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Consulting in the field of commercial trucking and transportation with respect to safety and loss control for the purpose of compliance with federal, state and local government agency or entity rules regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Consulting in the field of commercial trucking and transportation with respect to safety for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Safety inspection audits related to truck driver and motor carrier safety, review and update of commercial motor vehicle driver safety programs, and illness and injury prevention planning for the purpose of compliance with federal, state and local government agency or entity rules regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including U.S. Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Safety inspection services for truck driver and motor carrier equipment, safety consultation services in the nature of review and update of commercial motor vehicle driver safety programs, and safety consultation services in the nature of illness and injury prevention planning for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Consulting services in the commercial motor vehicle and transportation industry for obtaining permits and licensing for commercial motor vehicle drivers and/or motor carriers and tax services, including transportation fuel tax and other local, state and federal taxes, concerning the transportation industry; Consulting services in the commercial motor vehicle and transportation industry for obtaining permits and licensing for commercial motor vehicle drivers and motor carriersClass 045 for Consulting in the field of commercial trucking and transportation with respect to safety for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Safety inspection services for truck driver and motor carrier equipment, safety consultation services in the nature of review and update of commercial motor vehicle driver safety programs, and safety consultation services in the nature of illness and injury prevention planning for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations; Consulting services in the commercial motor vehicle and transportation industry for obtaining permits and licensing for commercial motor vehicle drivers and motor carriers
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 036 for Insurance consulting about loss control in the field of commercial trucking and transportation for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 036 . The specimen(s) submitted consists of Website screen capture providing service. .
"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].
Original PDF file:
SPN0-1739166217-20200226183517750770_._Class_36_-_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Safety auditing to improve safety of truck drivers and motor carriers on trucking routes for the purpose of compliance with federal, state and local government agency or entity rules, regulations, ordinances and other laws applicable to the commercial motor vehicle and transportation industry, including Federal Motor Carrier Safety Administration (FMCSA) rules and regulations
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 03/19/2001 and first used in commerce at least as early as 03/19/2001 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of Website screen capture providing service. .
"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].
Original PDF file:
SPN1-1739166217-20200226183517750770_._Class_42_-_Specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: SIMPLEX PROFESSIONAL SERVICES, INC., a corporation of Florida, having an address of
      10625 N. KENDALL DRIVE
      MIAMI, Florida 33176
      United States
      Email Address: ricardo.arce@zumpanocastro.com
      305-599-8287
Proposed: SIMPLEX PROFESSIONAL SERVICES, INC., a corporation of Florida, having an address of
      10625 N. KENDALL DRIVE
      MIAMI, Florida 33176
      United States
      Email Address: csaladrigas@simplexgroup.net
      305-599-8287

The owner's/holder's current attorney information: Ricardo A. Arce, Esq.. Ricardo A. Arce, Esq. of ZUMPANO CASTRO, LLC, is located at

      SUITE 302
      500 S. DIXIE HIGHWAY
      CORAL GABLES, Florida 33146
      United States
      The phone number is 305-503-2990.
      The fax number is 305-774-5908.
      The email address is ricardo.arce@zumpanocastro.com

The owner's/holder's proposed attorney information: Ricardo A. Arce, Esq.. Ricardo A. Arce, Esq. of ZUMPANO CASTRO, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 302
      500 S. DIXIE HIGHWAY
      CORAL GABLES, Florida 33146
      United States
      The phone number is 305-503-2990.
      The fax number is 305-774-5908.
      The email address is ricardo.arce@zumpanocastro.com

Ricardo A. Arce, Esq. 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):
      RICARDO A. ARCE, ESQ.
      PRIMARY EMAIL FOR CORRESPONDENCE: ricardo.arce@zumpanocastro.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): giselle.ortizdelamo@zumpanocastro.com
Correspondence Information (proposed):
      Ricardo A. Arce, Esq.
      PRIMARY EMAIL FOR CORRESPONDENCE: ricardo.arce@zumpanocastro.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): giselle.ortizdelamo@zumpanocastro.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).

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Group apart from the mark as shown.


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

Description of mark
The mark consists of the compound word "SIMPLEXGROUP" in a stylized font consisting of the two words "SIMPLEX" and "GROUP". The word "SIMPLEX" is in white and the word "GROUP" is in orange. To the left of the term "SIMPLEXGROUP" is an orange triangle rotated ninety degrees to the right. The black background is a feature of the mark.

FEE(S)
Fee(s) in the amount of $550 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: /Ricardo A. Arce/      Date: 02/26/2020
Signatory's Name: Ricardo A. Arce
Signatory's Position: Attorney of Record, Florida Bar member
Signatory's Phone Number: 3055032990


Response Signature
Signature: /Ricardo A. Arce/     Date: 02/26/2020
Signatory's Name: Ricardo A. Arce
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 3055032990

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:    RICARDO A. ARCE, ESQ.
   ZUMPANO CASTRO, LLC
   SUITE 302
   500 S. DIXIE HIGHWAY
   CORAL GABLES, Florida 33146
Mailing Address:    Ricardo A. Arce, Esq.
   ZUMPANO CASTRO, LLC
   SUITE 302
   500 S. DIXIE HIGHWAY
   CORAL GABLES, Florida 33146
        
RAM Sale Number: 88458820
RAM Accounting Date: 02/26/2020
        
Serial Number: 88458820
Internet Transmission Date: Wed Feb 26 19:09:26 ET 2020
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2020022619092646
8922-88458820-710b6a8fb59d624d45c7ec8c26
bfd94f2d82adae3157178d11c04fee97ea744982
-CC-09247080-20200226183517750770