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. 88491407 VROOM (Stylized and/or with Design, see http://uspto.report/TM/88491407/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 computer software and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing or otherwise providing electronic media or information over the Internet or other communications network; computer software and mobile device software to allow users to perform electronic business transactions via a global computer network; computer software and mobile device software for online retail store services featuring a variety of consumers goods of others; computer software and mobile device software to e-commerce software to allow users to perform electronic business transactions via a global computer network; computer software and mobile device software to e-commerce software to allow users to purchase and sell vehicles via a global computer network; computer software and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing or otherwise providing electronic media information about vehicles for sale, namely, vehicle specifications, selection, availability, pricing, vehicle comparisons, valuations, and providing photographs of vehicles
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 and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing or otherwise providing electronic media or information over the Internet or other communications network; downloadable and recorded computer software and downloadable mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing and providing electronic media and information over the Internet or other communications network; computer software and mobile device software to allow users to perform electronic business transactions via a global computer network; downloadable and recorded computer software and downloadable mobile device software to allow users to perform electronic business transactions via a global computer network; computer software and mobile device software for online retail store services featuring a variety of consumers goods of others; downloadable and recorded computer software and downloadable mobile device software for online retail store services featuring a variety of consumers goods of others; computer software and mobile device software to e-commerce software to allow users to perform electronic business transactions via a global computer network; downloadable and recorded computer e-commerce software and downloadable mobile device e-commerce software to allow users to perform electronic business transactions via a global computer network; computer software and mobile device software to e-commerce software to allow users to purchase and sell vehicles via a global computer network; downloadable and recorded computer e-commerce software and downloadable mobile device e-commerce software to allow users to purchase and sell vehicles via a global computer network; computer software and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing or otherwise providing electronic media information about vehicles for sale, namely, vehicle specifications, selection, availability, pricing, vehicle comparisons, valuations, and providing photographs of vehicles; downloadable and recorded computer software and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing and providing electronic media information about vehicles for sale, namely, vehicle specifications, selection, availability, pricing, vehicle comparisons, valuations, and providing photographs of vehiclesClass 009 for downloadable and recorded computer software and downloadable mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing and providing electronic media and information over the Internet or other communications network; downloadable and recorded computer software and downloadable mobile device software to allow users to perform electronic business transactions via a global computer network; downloadable and recorded computer software and downloadable mobile device software for online retail store services featuring a variety of consumers goods of others; downloadable and recorded computer e-commerce software and downloadable mobile device e-commerce software to allow users to perform electronic business transactions via a global computer network; downloadable and recorded computer e-commerce software and downloadable mobile device e-commerce software to allow users to purchase and sell vehicles via a global computer network; downloadable and recorded computer software and mobile device software for creating, managing, organizing, displaying, tagging, bookmarking, storing, sharing and providing electronic media information about vehicles for sale, namely, vehicle specifications, selection, availability, pricing, vehicle comparisons, valuations, and providing photographs of vehicles
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: David A.W. Wong. David A.W. Wong of BARNES & THORNBURG LLP, is located at

      11 SOUTH MERIDIAN STREET
      INDIANAPOLIS, Indiana 46204-3535
      US
The docket/reference number is 71261-297103.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com

The applicants proposed attorney information: David A.W. Wong. David A.W. Wong of BARNES & THORNBURG LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      11 SOUTH MERIDIAN STREET
      INDIANAPOLIS, Indiana 46204-3535
      United States
The docket/reference number is 71261-297103.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com

David A.W. Wong 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: DAVID A.W. WONG. DAVID A.W. WONG of BARNES & THORNBURG LLP, is located at

      11 SOUTH MERIDIAN STREET
      INDIANAPOLIS, Indiana 46204-3535
      US
The docket/reference number is 71261-297103.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com; TMINDocket@btlaw.com; cbrinson@btlaw.com

The applicants proposed correspondence information: David A.W. Wong. David A.W. Wong of BARNES & THORNBURG LLP, is located at

      11 SOUTH MERIDIAN STREET
      INDIANAPOLIS, Indiana 46204-3535
      United States
The docket/reference number is 71261-297103.

The phone number is 317-236-1313.

The fax number is 317-231-7433.

The email address is dwong@btlaw.com; TMINDocket@btlaw.com; cbrinson@btlaw.com; kfennessy@btlaw.com

ADDITIONAL STATEMENTS
Color Claim
The color(s) red and white is/are claimed as a feature of the mark.

Description of mark
The mark consists of the word "VROOM" in white displayed in stylized font displayed on a red background.

SIGNATURE(S)
Response Signature
Signature: /kfennessy/     Date: 11/27/2019
Signatory's Name: Kathleen S. Fennessy
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member

Signatory's Phone Number: 3172361313

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:    DAVID A.W. WONG
   BARNES & THORNBURG LLP
   
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana 46204-3535
Mailing Address:    David A.W. Wong
   BARNES & THORNBURG LLP
   11 SOUTH MERIDIAN STREET
   INDIANAPOLIS, Indiana 46204-3535
        
Serial Number: 88491407
Internet Transmission Date: Wed Nov 27 09:12:58 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019112709125817
6962-88491407-700ac5ed81f9ec5dc44d6e6f08
6114ee436782e75f1de223b1453d969f4d452d4e
-N/A-N/A-20191127091044375747