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. 88509893 GERBER LIFE DUET(Standard Characters, see http://uspto.report/TM/88509893/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 036 for Insurance services, namely, underwriting, selling, issuing and administration of whole life and term life insurance products; insurance administration; insurance brokerage; insurance consultancy
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: Insurance services, namely, underwriting, selling, issuing and administration of whole life and term life insurance products; Insurance services, namely, underwriting, issuing and administration of whole life and term life insurance products; insurance administration; insurance brokerage; insurance consultancy; insurance consultancy.Class 036 for Insurance services, namely, underwriting, issuing and administration of whole life and term life insurance products; insurance administration; insurance brokerage; insurance consultancy.
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: Catherine C. Miller. Catherine C. Miller of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      US
The docket/reference number is 82145.2598.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com

The applicants proposed attorney information: Catherine C. Miller. Other appointed attorneys are Andrea L. Anderson; Scott S. Havlick; Ester Martín; Larry H. Tronco; Kazuyo Morita; Matt Horlacher; Hope I. Hamilton; Madelon L. Lapidus; Amanda N. Marston; Jeff D. Larson; Amy J. Tindell; Nadya C. Davis;. Catherine C. Miller of HOLLAND & HART 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

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      United States
The docket/reference number is 82145.2598.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com

Catherine C. Miller 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: CATHERINE C. MILLER. CATHERINE C. MILLER of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      US
The docket/reference number is 82145.2598.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com; ccmiller@hollandhart.com

The applicants proposed correspondence information: Catherine C. Miller. Catherine C. Miller of HOLLAND & HART LLP, is located at

      ATTN: TRADEMARK DOCKETING
      P.O. BOX 8749
      DENVER, Colorado 80201-8749
      United States
The docket/reference number is 82145.2598.

The phone number is 303-245-2092.

The email address is docket@hollandhart.com; ccmiller@hollandhart.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "LIFE" apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Catherine C. Miller/     Date: 10/14/2019
Signatory's Name: Catherine C. Miller
Signatory's Position: Attorney for Applicant, Colorado bar member

Signatory's Phone Number: 303.245.2092

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:    CATHERINE C. MILLER
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201-8749
Mailing Address:    Catherine C. Miller
   HOLLAND & HART LLP
   ATTN: TRADEMARK DOCKETING
   P.O. BOX 8749
   DENVER, Colorado 80201-8749
        
Serial Number: 88509893
Internet Transmission Date: Mon Oct 14 19:38:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019101419380684
0023-88509893-6108d73a81f7a889731c79bde1
377b4e0ed6766f4eef631fc92d7943506bb424-N
/A-N/A-20191014193458207232