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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88481172 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK |
http://uspto.report/TM/88481172/mark.png |
LITERAL ELEMENT |
INTRADO |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
OWNER SECTION (current) |
NAME |
West Corporation |
STREET |
11808 Miracle Hills Drive |
CITY |
Omaha |
STATE |
Nebraska |
ZIP/POSTAL CODE |
68154 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
OWNER SECTION (proposed) |
NAME |
West Corporation |
STREET |
11808 Miracle Hills Drive |
CITY |
Omaha |
STATE |
Nebraska |
ZIP/POSTAL CODE |
68154 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
EMAIL |
client@pirkeybarber.com |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
044 |
DESCRIPTION |
Medical services; providing medical information related to medical emergencies; providing a web site containing information for
employers, employees, and retirees regarding health and wellness; providing an internet website portal in the field of healthcare for the purpose of medical practice management by physicians and
healthcare providers; prescription refill reminder services, namely, issuing patient medication reminders; issuing patient health screening reminders, namely, medical screening information services
featuring reminder alerts regarding medical examinations that individuals should undergo for preventative care purposes; information, consultancy and advisory services relating to all the aforesaid
services; Providing medical information via the Internet; providing information in the field of healthcare; Providing an on-line computer database featuring information regarding health, namely, a
publicly accessible databases containing medical-related data of patients, and data of the service providers, like physicians and their services; medical services, namely, services of a physician;
providing medical information related to the use of corresponding services by customers such as patients; providing medical information related to the provision of corresponding services by service
providers such as physicians; providing an on-line computer database in the field of emergency medical response for emergency medical technician services, medical services; health and lifestyle
wellness counseling in the field of preventive health, namely, diet and nutrition, smoking cessation, and weight reduction diet planning; providing wellness services, namely, personal assessments,
personalized routines, maintenance schedules, and counseling; Maintaining personal medical history records and files, namely, review and evaluating health and medical records for consumers for
purposes of accuracy; providing employee assistance programs, namely, labor negotiation information services in the nature of counseling for employees of others in the field of workplace labor
conflict resolution; Providing an on-line interactive database featuring security information, namely, a publicly accessible databases containing security related data of patients and of
physicians |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18082244 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/14/2019 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
044 |
TRACKED TEXT DESCRIPTION |
Medical services; providing medical information related to medical emergencies;
providing a web site containing information for employers, employees, and retirees regarding health and wellness; providing an internet website portal in
the field of healthcare for the purpose of medical practice management by physicians and healthcare providers; prescription refill reminder services, namely, issuing
patient medication reminders; issuing patient health screening reminders, namely, medical screening information services featuring reminder alerts regarding medical
examinations that individuals should undergo for preventative care purposes; information, consultancy and advisory services relating to all the aforesaid services;
Providing medical information via the Internet; providing information in the field of healthcare; Providing an on-line
computer database featuring information regarding health, namely, a publicly accessible databases containing medical-related data of patients, and data of the service providers, like physicians and
their services; medical services, namely, services of a physician; providing medical information related to the use of corresponding services
by customers such as patients; providing medical information related to the provision of corresponding services by service providers such as physicians;
providing an on-line computer database in the field of emergency medical response for emergency medical technician services, medical services; health
and lifestyle wellness counseling in the field of preventive health, namely, diet and nutrition, smoking cessation, and weight reduction diet planning; providing wellness
services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Maintaining personal medical history records and files, namely,
review and evaluating health and medical records for consumers for purposes of accuracy; providing employee assistance programs, namely, labor negotiation
information services in the nature of counseling for employees of others in the field of workplace labor conflict resolution; Providing an on-line interactive
database featuring security information, namely, a publicly accessible databases containing security related data of patients and of physicians |
FINAL DESCRIPTION |
Medical services; providing medical information related to medical emergencies; providing a web site containing information for
employers, employees, and retirees regarding health and wellness; providing an internet website portal in the field of healthcare for the purpose of medical practice management by physicians and
healthcare providers; prescription refill reminder services, namely, issuing patient medication reminders; issuing patient health screening reminders, namely, medical screening information services
featuring reminder alerts regarding medical examinations that individuals should undergo for preventative care purposes; information, consultancy and advisory services relating to all the aforesaid
services; Providing medical information via the Internet; providing information in the field of healthcare; Providing an on-line computer database featuring information regarding health, namely, a
publicly accessible databases containing medical-related data of patients, and data of the service providers, like physicians and their services; medical services, namely, services of a physician;
providing medical information related to the use of corresponding services by customers such as patients; providing medical information related to the provision of corresponding services by service
providers such as physicians; providing an on-line computer database in the field of emergency medical response for emergency medical technician services, medical services; health and lifestyle
wellness counseling in the field of preventive health, namely, diet and nutrition, smoking cessation, and weight reduction diet planning; providing wellness services, namely, personal assessments,
personalized routines, maintenance schedules, and counseling; Maintaining personal medical history records and files, namely, review and evaluating health and medical records for consumers for
purposes of accuracy |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
18082244 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
06/14/2019 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the
basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
18082244 |
FOREIGN REGISTRATION
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN REGISTRATION
DATE |
11/02/2019 |
FOREIGN EXPIRATION DATE |
06/14/2029 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-7218011252-144712888_._INTRADO_EU_Reg_No._18082244.pdf |
CONVERTED PDF FILE(S)
(73 pages) |
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STANDARD CHARACTERS
OR EQUIVALENT |
YES |
ATTORNEY INFORMATION (current) |
NAME |
Shannon Vale and Clay LaPoint |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Pirkey Barber PLLC |
STREET |
1801 East 6th Street, Suite 300 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78702 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
DOCKET/REFERENCE NUMBER |
WSTC016US8 |
ATTORNEY INFORMATION (proposed) |
NAME |
Shannon Vale and Clay LaPoint |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
Pirkey Barber PLLC |
STREET |
1801 East 6th Street, Suite 300 |
CITY |
Austin |
STATE |
Texas |
POSTAL CODE |
78702 |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United States |
PHONE |
512-322-5200 |
FAX |
512-322-5201 |
EMAIL |
tmcentral@pirkeybarber.com |
DOCKET/REFERENCE NUMBER |
WSTC016US8 |
OTHER APPOINTED ATTORNEY |
all other attorneys with the firm |
CORRESPONDENCE INFORMATION (current) |
NAME |
Shannon Vale and Clay LaPoint |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
tmcentral@pirkeybarber.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
svale@pirkeybarber.com; clapoint@pirkeybarber.com |
DOCKET/REFERENCE NUMBER |
WSTC016US8 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Shannon Vale and Clay LaPoint |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
tmcentral@pirkeybarber.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
svale@pirkeybarber.com; clapoint@pirkeybarber.com |
DOCKET/REFERENCE NUMBER |
WSTC016US8 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Clay LaPoint/ |
SIGNATORY'S NAME |
Clay LaPoint |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
512-322-5200 |
DATE SIGNED |
03/26/2020 |
RESPONSE SIGNATURE |
/Clay LaPoint/ |
SIGNATORY'S NAME |
Clay LaPoint |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
5123225200 |
DATE SIGNED |
03/26/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Mar 26 16:52:22 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200326165222620833-88481
172-710f5f5b659d4acb34ce6
e67b0bdf0c5a290eba7fac319
4eeef4ec4f8c4b92551-N/A-N
/A-20200326144712888627 |
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.
88481172 INTRADO(Standard Characters, see http://uspto.report/TM/88481172/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 044 for Medical services; providing medical information related to medical emergencies; providing a web site containing information for employers, employees, and retirees
regarding health and wellness; providing an internet website portal in the field of healthcare for the purpose of medical practice management by physicians and healthcare providers; prescription
refill reminder services, namely, issuing patient medication reminders; issuing patient health screening reminders, namely, medical screening information services featuring reminder alerts regarding
medical examinations that individuals should undergo for preventative care purposes; information, consultancy and advisory services relating to all the aforesaid services; Providing medical
information via the Internet; providing information in the field of healthcare; Providing an on-line computer database featuring information regarding health, namely, a publicly accessible databases
containing medical-related data of patients, and data of the service providers, like physicians and their services; medical services, namely, services of a physician; providing medical information
related to the use of corresponding services by customers such as patients; providing medical information related to the provision of corresponding services by service providers such as physicians;
providing an on-line computer database in the field of emergency medical response for emergency medical technician services, medical services; health and lifestyle wellness counseling in the field of
preventive health, namely, diet and nutrition, smoking cessation, and weight reduction diet planning; providing wellness services, namely, personal assessments, personalized routines, maintenance
schedules, and counseling; Maintaining personal medical history records and files, namely, review and evaluating health and medical records for consumers for purposes of accuracy; providing employee
assistance programs, namely, labor negotiation information services in the nature of counseling for employees of others in the field of workplace labor conflict resolution; Providing an on-line
interactive database featuring security information, namely, a publicly accessible databases containing security related data of patients and of physicians
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[ European Union Trademark - EUTM application number 18082244 filed 06/14/2019]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Medical services;
providing medical information related to medical emergencies;
providing a web
site containing information for employers, employees, and retirees regarding health and wellness;
providing an internet website portal in the field of healthcare for the
purpose of medical practice management by physicians and healthcare providers;
prescription refill reminder services, namely, issuing patient medication reminders;
issuing patient health screening reminders, namely, medical screening information services featuring reminder alerts regarding medical examinations that individuals should undergo
for preventative care purposes;
information, consultancy and advisory services relating to all the aforesaid services;
Providing medical
information via the Internet;
providing information in the field of healthcare;
Providing an on-line computer database featuring information
regarding health, namely, a publicly accessible databases containing medical-related data of patients, and data of the service providers, like physicians and their services;
medical services, namely, services of a physician;
providing medical information related to the use of corresponding services by customers such as
patients;
providing medical information related to the provision of corresponding services by service providers such as physicians;
providing
an on-line computer database in the field of emergency medical response for emergency medical technician services, medical services;
health and lifestyle wellness
counseling in the field of preventive health, namely, diet and nutrition, smoking cessation, and weight reduction diet planning;
providing wellness services, namely,
personal assessments, personalized routines, maintenance schedules, and counseling;
Maintaining personal medical history records and files, namely, review and evaluating
health and medical records for consumers for purposes of accuracy;
providing employee assistance programs, namely, labor negotiation information services in
the nature of counseling for employees of others in the field of workplace labor conflict resolution;
Providing an on-line interactive database featuring
security information, namely, a publicly accessible databases containing security related data of patients and of physiciansClass 044 for Medical services; providing medical information related
to medical emergencies; providing a web site containing information for employers, employees, and retirees regarding health and wellness; providing an internet website portal in the field of
healthcare for the purpose of medical practice management by physicians and healthcare providers; prescription refill reminder services, namely, issuing patient medication reminders; issuing patient
health screening reminders, namely, medical screening information services featuring reminder alerts regarding medical examinations that individuals should undergo for preventative care purposes;
information, consultancy and advisory services relating to all the aforesaid services; Providing medical information via the Internet; providing information in the field of healthcare; Providing an
on-line computer database featuring information regarding health, namely, a publicly accessible databases containing medical-related data of patients, and data of the service providers, like
physicians and their services; medical services, namely, services of a physician; providing medical information related to the use of corresponding services by customers such as patients; providing
medical information related to the provision of corresponding services by service providers such as physicians; providing an on-line computer database in the field of emergency medical response for
emergency medical technician services, medical services; health and lifestyle wellness counseling in the field of preventive health, namely, diet and nutrition, smoking cessation, and weight
reduction diet planning; providing wellness services, namely, personal assessments, personalized routines, maintenance schedules, and counseling; Maintaining personal medical history records and
files, namely, review and evaluating health and medical records for consumers for purposes of accuracy
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 [ European Union Trademark - EUTM application number 18082244 filed
06/14/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but
is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18082244
registered 11/02/2019 with a renewal date of __________ and an expiration date of 06/14/2029 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-7218011252-144712888_._INTRADO_EU_Reg_No._18082244.pdf
Converted PDF file(s) ( 73 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6
Foreign Registration-7
Foreign Registration-8
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Foreign Registration-44
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Foreign Registration-50
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Foreign Registration-52
Foreign Registration-53
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Foreign Registration-64
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Foreign Registration-72
Foreign Registration-73
The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard
character equivalent.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: West Corporation, a corporation of Delaware, having an address of
11808 Miracle Hills Drive
Omaha, Nebraska 68154
United States
Proposed: West Corporation, a corporation of Delaware, having an address of
11808 Miracle Hills Drive
Omaha, Nebraska 68154
United States
Email Address: client@pirkeybarber.com
The owner's/holder's current attorney information: Shannon Vale and Clay LaPoint. Shannon Vale and Clay LaPoint of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar
membership no. XXX, is located at
1801 East 6th Street, Suite 300
Austin, Texas 78702
United States
The docket/reference number is WSTC016US8.
The phone number is 512-322-5200.
The fax number is 512-322-5201.
The email address is tmcentral@pirkeybarber.com
The owner's/holder's proposed attorney information: Shannon Vale and Clay LaPoint. Other appointed attorneys are all other attorneys with the firm. Shannon Vale and Clay LaPoint of Pirkey Barber
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
1801 East 6th Street, Suite 300
Austin, Texas 78702
United States
The docket/reference number is WSTC016US8.
The phone number is 512-322-5200.
The fax number is 512-322-5201.
The email address is tmcentral@pirkeybarber.com
Shannon Vale and Clay LaPoint 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):
Shannon Vale and Clay LaPoint
PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): svale@pirkeybarber.com; clapoint@pirkeybarber.com
The docket/reference number is WSTC016US8.
Correspondence Information (proposed):
Shannon Vale and Clay LaPoint
PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): svale@pirkeybarber.com; clapoint@pirkeybarber.com
The docket/reference number is WSTC016US8.
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)
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: /Clay LaPoint/ Date: 03/26/2020
Signatory's Name: Clay LaPoint
Signatory's Position: Attorney of Record
Signatory's Phone Number: 512-322-5200
Response Signature
Signature: /Clay LaPoint/ Date: 03/26/2020
Signatory's Name: Clay LaPoint
Signatory's Position: Attorney of Record
Signatory's Phone Number: 5123225200
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: Shannon Vale and Clay LaPoint
Pirkey Barber PLLC
1801 East 6th Street, Suite 300
Austin, Texas 78702
Mailing Address: Shannon Vale and Clay LaPoint
Pirkey Barber PLLC
1801 East 6th Street, Suite 300
Austin, Texas 78702
Serial Number: 88481172
Internet Transmission Date: Thu Mar 26 16:52:22 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020032616522262
0833-88481172-710f5f5b659d4acb34ce6e67b0
bdf0c5a290eba7fac3194eeef4ec4f8c4b92551-
N/A-N/A-20200326144712888627