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. 88463669 LAUNCHPAD(Standard Characters, see http://uspto.report/TM/88463669/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments against Section 2(d) refusal and accompanying internet evidence. has been attached.
Original PDF file:
evi_383214828-20200305135806177628_._balance_boards_search_results_-_Pier1.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_383214828-20200305135806177628_._balance_boards_search_results_-_Ashley_Furniture.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_383214828-20200305135806177628_._balance_boards_search_results_-_Jerome_s_Furniture.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_383214828-20200305135806177628_._balance_boards_search_results_-_Ikea.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_383214828-20200305135806177628_._88463669_Arguments.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 020 for (Based on Intent to Use) Computer furniture; Footstools; Office furniture(Based on 44(d) Priority Application) Computer furniture; Footstools; Office furniture
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[ Canada application number 1937970 filed 12/21/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: (Based on Intent to Use) Computer furniture; (Based on Intent to Use) Footstools, namely, balance boards (Based on 44(d) Priority Application) Footstools, namely, balance boards; Footstools; Office furniture(Based on 44(d) Priority Application) Computer furniture; Footstools; Office furnitureClass 020 for (Based on Intent to Use) Footstools, namely, balance boards (Based on 44(d) Priority Application) Footstools, namely, balance boards
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 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 [ Canada application number 1937970 filed 12/21/2018]. 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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Design Resource Group, a corporation of Canada, having an address of
      1896 Danforth Avenue
      Toronto, Ontario, M4C1J4
      Canada

Proposed: Design Resource Group, a corporation of Canada, having an address of
      1896 Danforth Avenue
      Toronto, Ontario, M4C1J4
      Canada
      Email Address: neil@burrisiplaw.com

The owner's/holder's current attorney information: Neal Sanborn. Neal Sanborn of BURRIS LAW, PLLC, is located at

      SUITE 1775
      300 RIVER PLACE DRIVE
      DETROIT, Michigan 48207
      United States
The docket/reference number is 0363-500003.
      The phone number is 313-393-5400.
      The email address is neal@burrisiplaw.com

The owner's/holder's proposed attorney information: Neal Sanborn. Other appointed attorneys are Kelly Burris. Neal Sanborn of BURRIS LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SUITE 1775
      300 RIVER PLACE DRIVE
      DETROIT, Michigan 48207
      United States
The docket/reference number is 0363-200003.
      The phone number is 313-393-5400.
      The email address is neal@burrisiplaw.com

Neal Sanborn 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):
      NEAL SANBORN
      PRIMARY EMAIL FOR CORRESPONDENCE: neal@burrisiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@burrisiplaw.com; julie@burrisiplaw.com

The docket/reference number is 0363-500003.
Correspondence Information (proposed):
      Neal Sanborn
      PRIMARY EMAIL FOR CORRESPONDENCE: neal@burrisiplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@burrisiplaw.com; julie@burrisiplaw.com

The docket/reference number is 0363-200003.

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: /nds/     Date: 03/05/2020
Signatory's Name: Neal Sanborn
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 3133935400

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:    NEAL SANBORN
   BURRIS LAW, PLLC
   SUITE 1775
   300 RIVER PLACE DRIVE
   DETROIT, Michigan 48207
Mailing Address:    Neal Sanborn
   BURRIS LAW, PLLC
   SUITE 1775
   300 RIVER PLACE DRIVE
   DETROIT, Michigan 48207
        
Serial Number: 88463669
Internet Transmission Date: Thu Mar 05 14:11:27 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200305141127642
917-88463669-710fbe22a9ce8271751b3799925
ffef9337a5c063ec0ccd1a3f71b6f837de4ffa8-
N/A-N/A-20200305135806177628