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. 88488280 SEED(Standard Characters, see http://uspto.report/TM/88488280/mark.png) has been amended as follows:

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

Please see attached Evidence files comprising the Response to the Office Action and Exhibits A, B, C, and D.

EVIDENCE
Evidence in the nature of the Response to the Office Action and Exhibits A, B, C, and D are attached. has been attached.
Original PDF file:
evi_38142163218-20200227181610482012_._SEED-_Response_to_Office_Action.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_38142163218-20200227181610482012_._Exhibit_A.pdf
Converted PDF file(s) ( 25 pages)
Evidence-1
Evidence-2
Evidence-3
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Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
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Evidence-12
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Evidence-25
Original PDF file:
evi_38142163218-20200227181610482012_._Exhibit_B_-_Private_Equity_Definition.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
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Evidence-12
Original PDF file:
evi_38142163218-20200227181610482012_._Exhibit_C__-_Venture_Capital_Definition.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Original PDF file:
evi_38142163218-20200227181610482012_._Exhibit_D_-_Wealth_Management_Definition.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 045 for Legal advisory and consultation services in the fields of regulatory compliance and retail businesses

Applicant proposes to amend the following:
Current: Class 036 for Venture capital financing; private equity fund investment services for impact investing; investment consultation and advice, namely, assistance in providing and acquiring capital; incubation services, namely, providing financial and business education and assistance to franchisees
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: Venture capital financing; private equity fund investment services for impact investing; investment consultation and advice, namely, assistance in providing and acquiring capital; investment consultation and advice in the field of private equity; incubation services, namely, providing financial and business education and assistance to franchisees; incubation services, namely, providing financing to franchiseesClass 036 for Venture capital financing; private equity fund investment services for impact investing; investment consultation and advice in the field of private equity; incubation services, namely, providing financing to franchisees
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:
Current: Class 041 for Business training in the field of consumer goods and retail entrepreneurship and franchising
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: Business training in the field of consumer goods and retail entrepreneurship and franchising; educational services, namely, conducting seminars and workshops in the field of businessClass 041 for Business training in the field of consumer goods and retail entrepreneurship and franchising; educational services, namely, conducting seminars and workshops in the field of business
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: OCG, Inc., a corporation of Colorado, having an address of
      100 Garfield Street, Suite 400
      Denver, Colorado 80206
      United States

Proposed: OCG, Inc., a corporation of Colorado, having an address of
      100 Garfield Street, Suite 400
      Denver, Colorado 80206
      United States
      Email Address: TM.USPTO@DORSEY.COM

The owner's/holder's current attorney information: Charlene M. Krogh. Charlene M. Krogh of DORSEY & WHITNEY LLP, is located at

      1400 WEWATTA STREET, SUITE 400
      IP DOCKETING
      DENVER, Colorado 80202-5549
      United States
The docket/reference number is T283174.US.0.
      The phone number is 303-629-3400.
      The fax number is 303-629-3450.
      The email address is docketing-dv@dorsey.com

The owner's/holder's proposed attorney information: Charlene M. Krogh. Other appointed attorneys are Lisa A. Osman, Tiffany D.W. Shimada, Andrea L. Hintz, and Lindsey M. Sadler. Charlene M. Krogh of DORSEY & WHITNEY 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

      IP Docketing
      1400 WEWATTA STREET, SUITE 400
      DENVER, Colorado 80202-5549
      United States
The docket/reference number is T283174.US.0.
      The phone number is 303-629-3400.
      The fax number is 303-629-3450.
      The email address is docketing-dv@dorsey.com

Charlene M. Krogh 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):
      CHARLENE M. KROGH
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing-dv@dorsey.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krogh.charlene@dorsey.com

The docket/reference number is T283174.US.0.
Correspondence Information (proposed):
      Charlene M. Krogh
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing-dv@dorsey.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): krogh.charlene@dorsey.com; kleiner.pamela@dorsey.com

The docket/reference number is T283174.US.0.

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
Contemporaneously herewith, Applicant submits a request to divide the application to allow the approved services in Classes 35 and 41 to proceed to publication while the issues raised in connection with the Class 36 services continue to be addressed.


SIGNATURE(S)
Response Signature
Signature: /cmk2112/     Date: 02/27/2020
Signatory's Name: Charlene M. Krogh
Signatory's Position: Attorney of Record, Colorado bar member

Signatory's Phone Number: 303-629-3400

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:    CHARLENE M. KROGH
   DORSEY & WHITNEY LLP
   1400 WEWATTA STREET, SUITE 400
   IP DOCKETING
   DENVER, Colorado 80202-5549
Mailing Address:    Charlene M. Krogh
   DORSEY & WHITNEY LLP
   IP Docketing
   1400 WEWATTA STREET, SUITE 400
   DENVER, Colorado 80202-5549
        
Serial Number: 88488280
Internet Transmission Date: Thu Feb 27 18:56:32 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202002271856321
98200-88488280-710652a1d4fbc3eb632cbb811
a16a834d740a9b3b2ddd47ae218e7e1e44e43ac-
N/A-N/A-20200227181610482012