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. 88482169 UNLOCK(Standard Characters, see http://uspto.report/TM/88482169/mark.png) has been amended as follows:

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

The applicant has addressed the description of goods and services issued noted in the Office Action. Please suspend action on this application until the prior pending application referenced in the Office Action is either issued or abandoned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for computer software in the fields of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; downloadable mobile applications for use in the fields of real estate, real estate education, construction, mortgages, and business development in those fields
Original Filing Basis:
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: computer software in the fields of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; Downloadable computer software for accessing consumer information and business information in the fields of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; downloadable mobile applications for use in the fields of real estate, real estate education, construction, mortgages, and business development in those fields; downloadable mobile applications for accessing consumer information and business information in the fields of real estate, real estate education, construction, mortgages, and business development in those fieldsClass 009 for Downloadable computer software for accessing consumer information and business information in the fields of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; downloadable mobile applications for accessing consumer information and business information in the fields of real estate, real estate education, construction, mortgages, and business development in those fields
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Educational services, namely, conducting classes, seminars, and conferences in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields, and distribution of educational materials in connection therewith; video production services in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; Providing a web site featuring non-downloadable instructional content and videos in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields
Original Filing Basis:
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: Educational services, namely, conducting classes, seminars, and conferences in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields, and distribution of educational materials in connection therewith; video production services in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; Providing a web site featuring non-downloadable instructional content and videos in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; providing a web site featuring non-downloadable instructional videos in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fieldsClass 041 for Educational services, namely, conducting classes, seminars, and conferences in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields, and distribution of educational materials in connection therewith; video production services in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields; providing a web site featuring non-downloadable instructional videos in the field of real estate, rental housing, real estate education, construction, mortgages, and business development in those fields
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.

The applicant's current attorney information: Matt Schneller. Matt Schneller of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      US

The phone number is 206-679-1895.

The email address is matt@schnellerip.com

The applicants proposed attorney information: Matt Schneller. Matt Schneller of SCHNELLER IP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com

Matt Schneller 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: MATT SCHNELLER. MATT SCHNELLER of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      US

The phone number is 206-679-1895.

The email address is matt@schnellerip.com; docket@schnellerip.com

The applicants proposed correspondence information: Matt Schneller. Matt Schneller of SCHNELLER IP, PLLC, is located at

      PO BOX 1449
      FRANKLIN, Tennessee 37065
      United States

The phone number is 206-679-1895.

The email address is matt@schnellerip.com; docket@schnellerip.com

SIGNATURE(S)
Response Signature
Signature: /Matt Schneller/     Date: 12/16/2019
Signatory's Name: Matt Schneller
Signatory's Position: Attorney of Record, TN bar

Signatory's Phone Number: 2066791895

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:    MATT SCHNELLER
   SCHNELLER IP, PLLC
   
   PO BOX 1449
   FRANKLIN, Tennessee 37065
Mailing Address:    Matt Schneller
   SCHNELLER IP, PLLC
   PO BOX 1449
   FRANKLIN, Tennessee 37065
        
Serial Number: 88482169
Internet Transmission Date: Mon Dec 16 17:03:19 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201912161703194
11047-88482169-700cdc1884d43c837dff64631
895d6ec0a873d130f7f02fda9698ae3e871a51a-
N/A-N/A-20191216165922186656