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. 88511754 JOYPOP(Standard Characters, see http://uspto.report/TM/88511754/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 featuring electronic message alerts featuring motivational and positive messages; downloadable software in the nature of a mobile application for providing access to crisis support existing helplines; downloadable software in the nature of a mobile application for providing alerts and options to perform activities to promote wellbeing; downloadable software in the nature of a mobile application for recording wellbeing and prompting activities to promote resilience and wellbeing; mobile application software featuring games; mobile application software for drawing and art; mobile application software for reporting and tracking resilience and wellbeing and for journaling; mobile application software for identifying social networks; providing a website featuring educational services promoting resilience and wellbeing
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1941747 filed 01/21/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Downloadable software in the nature of a mobile application featuring electronic message alerts featuring motivational and positive messages; Downloadable software in the nature of a mobile application for sending electronic message alerts featuring motivational and positive messages; downloadable software in the nature of a mobile application for providing access to crisis support existing helplines; downloadable software in the nature of a mobile application for providing access to crisis support helplines; downloadable software in the nature of a mobile application for providing alerts and options to perform activities to promote wellbeing; downloadable software in the nature of a mobile application for sending electronic message alerts to perform activities to promote wellbeing in the nature of relaxation practices, breathing techniques, and exercise; downloadable software in the nature of a mobile application for recording wellbeing and prompting activities to promote resilience and wellbeing; downloadable software in the nature of a mobile application for recording health and mood data and prompting activities to promote resilience and wellbeing; mobile application software featuring games; downloadable mobile application game software; mobile application software for drawing and art; downloadable mobile application software for creating drawings and art; mobile application software for reporting and tracking resilience and wellbeing and for journaling; downloadable mobile application software for keeping a journal for reporting and tracking resilience and wellbeing; mobile application software for identifying social networks; downloadable mobile application software for identifying social networks; providing a website featuring educational services promoting resilience and wellbeingClass 009 for Downloadable software in the nature of a mobile application for sending electronic message alerts featuring motivational and positive messages; downloadable software in the nature of a mobile application for providing access to crisis support helplines; downloadable software in the nature of a mobile application for sending electronic message alerts to perform activities to promote wellbeing in the nature of relaxation practices, breathing techniques, and exercise; downloadable software in the nature of a mobile application for recording health and mood data and prompting activities to promote resilience and wellbeing; downloadable mobile application game software; downloadable mobile application software for creating drawings and art; downloadable mobile application software for keeping a journal for reporting and tracking resilience and wellbeing; downloadable mobile application software for identifying social networks
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1941747 filed 01/21/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Providing educational services, namely, conducting online classes, seminars, courses of instruction, and workshops in the field of promoting resilience and wellbeing via a website
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1941747 filed 01/21/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Susan A. Russell. Susan A. Russell of BAKER DONELSON PC, is located at

      3414 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      US
The docket/reference number is 2949376.0001.

The phone number is 404-589-3403.

The email address is trademarks@bakerdonelson.com

The applicants proposed attorney information: Susan A. Russell. Other appointed attorneys are Adam S. Baldridge, Esq., Grady M. Garrison, Esq., Benjamin West Janke, Esq., E. Scott Johnson, Esq., Cynthia B. Sanders, Esq., Wendy Robertson, Esq., Emily R. Billig, Esq., and the attorneys of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC. Susan A. Russell of BAKER DONELSON PC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      3414 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      United States
The docket/reference number is 2949376.0001.

The phone number is 404-589-3403.

The email address is trademarks@bakerdonelson.com

Susan A. Russell 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: SUSAN A. RUSSELL. SUSAN A. RUSSELL of BAKER DONELSON PC, is located at

      3414 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      US
The docket/reference number is 2949376.0001.

The phone number is 404-589-3403.

The email address is trademarks@bakerdonelson.com; srussell@bakerdonelson.com

The applicants proposed correspondence information: Susan A. Russell. Susan A. Russell of BAKER DONELSON PC, is located at

      3414 PEACHTREE ROAD NE
      ATLANTA, Georgia 30326
      United States
The docket/reference number is 2949376.0001.

The phone number is 404-589-3403.

The email address is trademarks@bakerdonelson.com; srussell@bakerdonelson.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Susan A. Russell/      Date: 12/16/2019
Signatory's Name: Susan A. Russell
Signatory's Position: Attorney of record, Georgia bar member
Signatory's Phone Number: 4045893403


Response Signature
Signature: /Susan A. Russell/     Date: 12/16/2019
Signatory's Name: Susan A. Russell
Signatory's Position: Attorney of record, Georgia bar member

Signatory's Phone Number: 4045893403

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:    SUSAN A. RUSSELL
   BAKER DONELSON PC
   
   3414 PEACHTREE ROAD NE
   ATLANTA, Georgia 30326
Mailing Address:    Susan A. Russell
   BAKER DONELSON PC
   3414 PEACHTREE ROAD NE
   ATLANTA, Georgia 30326
        
RAM Sale Number: 88511754
RAM Accounting Date: 12/16/2019
        
Serial Number: 88511754
Internet Transmission Date: Mon Dec 16 21:09:56 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20191216210956423
350-88511754-700279897d4f40cf3946278c39f
76ddb546cf9256ed596bbd5c1e338ce2444c7c0-
CC-09545046-20191216205313801859