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. 88490946 STUDIO B(Standard Characters, see http://uspto.report/TM/88490946/mark.png) has been amended as follows:

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

The Examiner has refused the present application under Section 2(d) in view of Registration No. 4738053. Applicant respectfully submits that there is no likelihood of confusion for at least the following reasons: First, the applied-for-mark and the Registrant's mark differ in appearance, sound, and meaning. Moreover, the Registrant's mark "STUDIOBSTYLE" includes the word "STYLE" as the dominant portion of the mark that is not present in the applied-for-mark. Thus, the commercial impression that is distinct from the applied-for-mark. Second, the applied-for-services, as amended, are distinct from the Registrant's services. Specifically, there is no overlap between the Registrant's services of "fashion and business merchandising" and the Applicant's services. Finally, the potential consumers and channels of trades between the applied-for-mark and Registrant's mark differ. For at least these reasons, Applicant respectfully requests that the Examiner withdraw the rejection and approve the present application for publication. Respectfully submitted, /Allison E. Kerndt/

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Strategic design and communication services

Applicant hereby adds the following class of goods/services to the application:
New: Class 035 (Original Class: 038 ) for Marketing services, namely providing customized communications and materials related to employee benefit plan information
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 04/13/2018 and first used in commerce at least as early as 04/13/2018 , and is now in use in such commerce.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Businessolver.com, Inc., a corporation of Delaware, having an address of
      1025 Ashworth Rd., Suite 101
      West Des Moines, Iowa 50265
      United States
      Email Address: akerndt@nyemaster.com

Proposed: Businessolver.com, Inc., a corporation of Delaware, having an address of
      1025 Ashworth Rd., Suite 101
      West Des Moines, Iowa 50265
      United States
      Email Address: ptomail@nyemaster.com

The owner's/holder's current attorney information: Allison E. Kerndt. Allison E. Kerndt of NYEMASTER GOODE, P.C., is located at

      700 WALNUT STREET #1600
      DES MOINES, Iowa 50309
      United States
      The phone number is 515-283-3193.
      The email address is akerndt@nyemaster.com

The owner's/holder's proposed attorney information: Allison E. Kerndt. Allison E. Kerndt of NYEMASTER GOODE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      700 WALNUT STREET #1600
      DES MOINES, Iowa 50309
      United States
      The phone number is 515-283-3193.
      The email address is akerndt@nyemaster.com

Allison E. Kerndt 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):
      ALLISON E. KERNDT
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomail@nyemaster.com; epolzin@nyemaster.com
Correspondence Information (proposed):
      Allison E. Kerndt
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomail@nyemaster.com; epolzin@nyemaster.com

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
Disclaimer
No claim is made to the exclusive right to use STUDIO apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Allison E. Kerndt/     Date: 03/24/2020
Signatory's Name: Allison E. Kerndt
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 515-283-3193

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:    ALLISON E. KERNDT
   NYEMASTER GOODE, P.C.
   
   700 WALNUT STREET #1600
   DES MOINES, Iowa 50309
Mailing Address:    Allison E. Kerndt
   NYEMASTER GOODE, P.C.
   700 WALNUT STREET #1600
   DES MOINES, Iowa 50309
        
Serial Number: 88490946
Internet Transmission Date: Tue Mar 24 23:40:55 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200324234055135777-88490946-
710224fd44a561221a7618d2d0e79b153975deb8
bd5b6145598860de415ca1554a-N/A-N/A-20200
324233030475263