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. 88487997 7M (Stylized and/or with Design, see http://uspto.report/TM/88487997/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 009 for Downloadable software in the nature of a mobile application for use by restaurants and their patrons, including ordering, summoning for service, inputting customer data, and point of payment, in conjunction with the use and connection of smart wearables, primarily smartwatches
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: Downloadable software in the nature of a mobile application for use by restaurants and their patrons, including ordering, summoning for service, inputting customer data, and point of payment, in conjunction with the use and connection of smart wearables, primarily smartwatches; Downloadable software in the nature of a mobile application for use by restaurants and their patrons, namely, for ordering, summoning for service, inputting customer data, and point of payment, in conjunction with the use and connection of smart wearables, primarily smartwatchesClass 009 for Downloadable software in the nature of a mobile application for use by restaurants and their patrons, namely, for ordering, summoning for service, inputting customer data, and point of payment, in conjunction with the use and connection of smart wearables, primarily smartwatches
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: Katie ONeill Tran. Katie ONeill Tran of O'NEILL TRAN LAW, is located at

      #157
      6366 COMMERCE BLVD.
      ROHNERT PARK, California 94928
      US

The phone number is 707-559-8690.

The email address is katie@oneilltranlaw.com

The applicants proposed attorney information: Katie ONeill Tran. Katie ONeill Tran of O'Neill Tran Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      Ste. D-3
      245 Kentucky St.
      Petaluma, California 94952
      United States

The phone number is 707-559-8690.

The email address is katie@oneilltranlaw.com

Katie ONeill Tran 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: KATIE ONEILL TRAN. KATIE ONEILL TRAN of O'NEILL TRAN LAW, is located at

      #157
      6366 COMMERCE BLVD.
      ROHNERT PARK, California 94928
      US

The phone number is 707-559-8690.

The email address is katie@oneilltranlaw.com

The applicants proposed correspondence information: Katie ONeill Tran. Katie ONeill Tran of O'Neill Tran Law, is located at

      Ste. D-3
      245 Kentucky St.
      Petaluma, California 94952
      United States

The phone number is 707-559-8690.

The email address is katie@oneilltranlaw.com

SIGNATURE(S)
Response Signature
Signature: /Katie O'Neill Tran/     Date: 10/01/2019
Signatory's Name: Katie O'Neill Tran
Signatory's Position: Attorney of record, NY, CA, and IL bar member

Signatory's Phone Number: 7075598690

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:    KATIE ONEILL TRAN
   O'NEILL TRAN LAW
   #157
   6366 COMMERCE BLVD.
   ROHNERT PARK, California 94928
Mailing Address:    Katie ONeill Tran
   O'Neill Tran Law
   Ste. D-3
   245 Kentucky St.
   Petaluma, California 94952
        
Serial Number: 88487997
Internet Transmission Date: Tue Oct 01 17:22:39 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191001172239022
678-88487997-610456cd40a69a222bd97c18d8e
727a192b91eedb1c99e7c35395e9d8b5d-N/A-N/
A-20191001171643536144