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. 88470004 CAPITOL REPRODUCTIONS(Standard Characters, see http://uspto.report/TM/88470004/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for developing and reproduction of drawings, images, scanning, printing
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1947 and first used in commerce at least as early as 12/31/1947 , and is now in use in such commerce.

Proposed:
Tracked Text Description: developing and reproduction of drawings, images, scanning, printing; Photographic reproduction of drawings, images; printing of images, scans, 3D images, graphicsClass 040 for Photographic reproduction of drawings, images; printing of images, scans, 3D images, graphics
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 12/31/1947 and first used in commerce at least as early as 12/31/1947 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 040 . The specimen(s) submitted consists of documents used in connection with rendering of subject services imprinted with mark .
"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:
SPU0-1-21623410986-20190917101845545104_._Cap_Reprod_spec_4b.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

The applicant's current attorney information: Julie A. Greenberg. Julie A. Greenberg of FISHMAN STEWART PLLC, is located at

      39533 WOODWARD AVE. STE 140
      BLOOMFIELD HILLS, Michigan 48304
      US
The docket/reference number is 67925-2.

The phone number is 248-593-3350.

The fax number is 248.594.0610.

The email address is tmdocketing@fishstewip.com

The applicants proposed attorney information: Julie A. Greenberg. Other appointed attorneys are All Attorneys associated with Customer Number 010291. Julie A. Greenberg of FISHMAN STEWART 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

      39533 WOODWARD AVE. STE 140
      BLOOMFIELD HILLS, Michigan 48304
      United States
The docket/reference number is 67925-2.

The phone number is 248-593-3350.

The fax number is 248.594.0610.

The email address is tmdocketing@fishstewip.com

Julie A. Greenberg 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.
The applicant's current correspondence information: JULIE A. GREENBERG. JULIE A. GREENBERG of FISHMAN STEWART PLLC, is located at

      39533 WOODWARD AVE. STE 140
      BLOOMFIELD HILLS, Michigan 48304
      US
The docket/reference number is 67925-2.

The phone number is 248-593-3350.

The fax number is 248.594.0610.

The email address is tmdocketing@fishstewip.com; jgreenberg@fishstewip.com

The applicants proposed correspondence information: Julie A. Greenberg. Julie A. Greenberg of FISHMAN STEWART PLLC, is located at

      39533 WOODWARD AVE. STE 140
      BLOOMFIELD HILLS, Michigan 48304
      United States
The docket/reference number is 67925-2.

The phone number is 248-593-3350.

The fax number is 248.594.0610.

The email address is tmdocketing@fishstewip.com; jgreenberg@fishstewip.com

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


Miscellaneous Statement
This responds to the Office Action dated Sept. 4, 2019. Applicant appreciates that no confusingly similar marks were cited under Section 2(d). Applicant has entered the requested disclaimer, and has amended the Class 40 services to meet the Examiner's requirements. A substitute specimen showing the mark on documents connected to the actual rendering of the photographic printing and reproduction services is attached. In view of the foregoing, it is respectfully submitted that all issues have been addressed, and passage to publication is kindly requested. Thank you.


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: /JAG/      Date: 09/17/2019
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney of Record, Member Michigan Bar
Signatory's Phone Number: 248.593.3350


Response Signature
Signature: /JAG/     Date: 09/17/2019
Signatory's Name: Julie A. Greenberg
Signatory's Position: Attorney of record, Member Michigan Bar

Signatory's Phone Number: 248.593.3350

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:    JULIE A. GREENBERG
   FISHMAN STEWART PLLC
   
   39533 WOODWARD AVE. STE 140
   BLOOMFIELD HILLS, Michigan 48304
Mailing Address:    Julie A. Greenberg
   FISHMAN STEWART PLLC
   39533 WOODWARD AVE. STE 140
   BLOOMFIELD HILLS, Michigan 48304
        
Serial Number: 88470004
Internet Transmission Date: Tue Sep 17 11:11:35 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201909171111356
69425-88470004-610dd7a21b5c318d3e39b1588
722e76af32b6ced28d2fe1ca942116fe5836576e
2-N/A-N/A-20190917101845545104