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. 88465917 GIANT EAGLE (Stylized and/or with Design, see http://uspto.report/TM/88465917/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Office Action dated August 31, 2019 has been reviewed carefully. The goods recital has been amended to overcome the Trademark Examining Attorney’s indefiniteness objection. It is respectfully submitted that this amendment will make the goods recital definite.

As all issues have been addressed, Applicant respectfully requests allowance of this application and passage of the mark to publication. Such actions are respectfully requested at an early date.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Downloadable computer application software for mobile phones
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: Downloadable computer application software for mobile phones; Downloadable computer application software for mobile phones for use by grocery store and convenience store shoppersClass 009 for Downloadable computer application software for mobile phones for use by grocery store and convenience store shoppers
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: Phoenix Intangibles Holding Company, a corporation of Delaware, having an address of

            Two Greenville Crossing      4005 Kennett Pike, Suite 220
      Greenville, Delaware 19807
      United States

Proposed: Phoenix Intangibles Holding Company, a corporation of Delaware, having an address of
      Two Greenville Crossing
      4005 Kennett Pike, Suite 220
      Greenville, Delaware 19807
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: David V. Radack. David V. Radack of ECKERT SEAMANS CHERIN & MELLOTT, LLC, is located at

      600 GRANT STREET, 44TH FLOOR
      PITTSBURGH, Pennsylvania 15219
      United States
The docket/reference number is 076021-01430.
      The phone number is 412-566-6777.
      The fax number is 412-566-6099.
      The email address is dradack@eckertseamans.com

The owner's/holder's proposed attorney information: David V. Radack. David V. Radack of ECKERT SEAMANS CHERIN & MELLOTT, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      600 GRANT STREET, 44TH FLOOR
      PITTSBURGH, Pennsylvania 15219
      United States
The docket/reference number is 076021-01430.
      The phone number is 412-566-6777.
      The fax number is 412-566-6099.
      The email address is dradack@eckertseamans.com

David V. Radack 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):
      DAVID V. RADACK
      PRIMARY EMAIL FOR CORRESPONDENCE: dradack@eckertseamans.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipmail@eckertseamans.com

The docket/reference number is 076021-01430.
Correspondence Information (proposed):
      David V. Radack
      PRIMARY EMAIL FOR CORRESPONDENCE: dradack@eckertseamans.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ipmail@eckertseamans.com; lamoroso@eckertseamans.com

The docket/reference number is 076021-01430.

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: /David V. Radack/     Date: 02/28/2020
Signatory's Name: David V. Radack
Signatory's Position: Attorney of Record, PA Bar Member

Signatory's Phone Number: 412-566-6777

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:    DAVID V. RADACK
   ECKERT SEAMANS CHERIN & MELLOTT, LLC
   
   600 GRANT STREET, 44TH FLOOR
   PITTSBURGH, Pennsylvania 15219
Mailing Address:    David V. Radack
   ECKERT SEAMANS CHERIN & MELLOTT, LLC
   600 GRANT STREET, 44TH FLOOR
   PITTSBURGH, Pennsylvania 15219
        
Serial Number: 88465917
Internet Transmission Date: Fri Feb 28 13:49:36 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200228134936
649761-88465917-71086467aeb993f6f497585b
73fe528b02f32e23c5deb8f6a0bcb87a7ef0ee42
a9-N/A-N/A-20200228134843443341