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. 88472713 CPSC(Standard Characters, see http://uspto.report/TM/88472713/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Argument; Exhibits A and B has been attached.
Original PDF file:
evi_6385229130-20200309182705111143_._ROA_CPSC.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_6385229130-20200309182705111143_._Exhibit_A_to_OA_Response_for_CPSC.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_6385229130-20200309182705111143_._Exhibit_B_to_OA_Response_for_CPSC.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class B for sales of products by independent professional providers of field sales on behalf of product manufacturers or supplies
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: sales of products by independent professional providers of field sales on behalf of product manufacturers or supplies; Sales promotion of products by independent professional salespeople and direct professional salespeople on behalf of product manufacturers or suppliersClass B for Sales promotion of products by independent professional salespeople and direct professional salespeople on behalf of product manufacturers or suppliers
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: The Institute For Professional Advancement, Inc. a(n) non-profit corporation, legally organized under the laws of Illinois, having an address of
      5460 Ward Rd. #125
      Arvada, Colorado 80002
      United States

Proposed: The Institute For Professional Advancement, Inc., non-profit corporation legally organized under the laws of Illinois, having an address of
      5460 Ward Rd. #125
      Arvada, Colorado 80002
      United States
      Email Address: TM-Monitoring@ngelaw.com

The owner's/holder's current attorney information: Michael G. Kelber. Michael G. Kelber of NEAL, GERBER & EISENBERG LLP, is located at

      2 NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 13495-7005.
      The phone number is 312-269-8000.
      The fax number is 312-269-1747.
      The email address is trademarks@nge.com

The owner's/holder's proposed attorney information: Michael G. Kelber. Other appointed attorneys are all other attorneys at NEAL, GERBER & EISENBERG LLP. Michael G. Kelber of NEAL, GERBER & EISENBERG LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      2 NORTH LASALLE STREET, SUITE 1700
      CHICAGO, Illinois 60602
      United States
The docket/reference number is 13495-7005.
      The phone number is 312-269-8000.
      The fax number is 312-269-1747.
      The email address is trademarks@nge.com

Michael G. Kelber 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):
      MICHAEL G. KELBER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@nge.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 13495-7005.
Correspondence Information (proposed):
      Michael G. Kelber
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@nge.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 13495-7005.

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
Miscellaneous Statement
The certification mark, as used by persons authorized by the certifier, certifies that the services are provided by manufacturers' representatives or independent outsourced sales professionals who have met established standards set by the certifier for acceptable sales skills on the basis of work experience, education, coursework and service to the industry.


SIGNATURE(S)
Response Signature
Signature: /Michael G. Kelber/     Date: 03/10/2020
Signatory's Name: Michael G. Kelber
Signatory's Position: Attorney of Record, IL Bar Member

Signatory's Phone Number: 312.269.8000

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:    MICHAEL G. KELBER
   NEAL, GERBER & EISENBERG LLP
   
   2 NORTH LASALLE STREET, SUITE 1700
   CHICAGO, Illinois 60602
Mailing Address:    Michael G. Kelber
   NEAL, GERBER & EISENBERG LLP
   2 NORTH LASALLE STREET, SUITE 1700
   CHICAGO, Illinois 60602
        
Serial Number: 88472713
Internet Transmission Date: Tue Mar 10 13:06:21 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020031013062110
8086-88472713-710a3f2d81b2ae342563ee6547
a717f3d5c71ed021d4d8ca9e4f5c8656758044-N
/A-N/A-20200310130206823906