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. 88519655 FASTCASH(Standard Characters, see http://uspto.report/TM/88519655/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for Advertising, marketing and promotion services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/05/2019 and first used in commerce at least as early as 04/05/2019 , and is now in use in such commerce.

Proposed: Class 035 for Advertising, marketing and promotion services
Deleted Filing Basis: 1(a)
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: Nebraska Crossing, LLC, a limited liability company legally organized under the laws of Nebraska, having an address of
      21205 Nebraska Crossing Drive, Suite C-1
      Gretna, Nebraska 68028
      United States

Proposed: Nebraska Crossing, LLC, a limited liability company legally organized under the laws of Nebraska, having an address of
      21205 Nebraska Crossing Drive, Suite C-1
      Gretna, Nebraska 68028
      United States
      Email Address: ryates@otbteam.com

The owner's/holder's current attorney information: G. Harley Blosser. G. Harley Blosser of SANDBERG PHOENIX AND VON GONTARD, P.C., is located at

      120 S. CENTRAL AVENUE, STE 1600
      CLAYTON, Missouri 63105
      United States
The docket/reference number is YATR FASTUS.
      The phone number is 314-725-9100.
      The fax number is 314-241-7604.
      The email address is trademarks@sandbergphoenix.com

The owner's/holder's proposed attorney information: G. Harley Blosser. G. Harley Blosser of SANDBERG PHOENIX AND VON GONTARD, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      120 S. CENTRAL AVENUE, STE 1600
      CLAYTON, Missouri 63105
      United States
The docket/reference number is YATR FASTUS.
      The phone number is 314-725-9100.
      The fax number is 314-725-5754.
      The email address is trademarks@sandbergphoenix.com

G. Harley Blosser 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):
      G. HARLEY BLOSSER
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandbergphoenix.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is YATR FASTUS.
Correspondence Information (proposed):
      G. Harley Blosser
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@sandbergphoenix.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is YATR FASTUS.

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
The official letter dated September 12, 2019 has been received. Applicant appreciates the examiner has searched the office's records and found no conflicting marks that would bar registration. In this response, Applicant has amended the filing basis to intent-to-use under Section 1(b). In view of the foregoing, applicant submits that the Application as presented herein is in condition for publication. Passage of the application to publication at an early date is thus respectfully requested.


SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /G. Harley Blosser/     Date: 03/09/2020
Signatory's Name: G. Harley Blosser
Signatory's Position: attorney of record, Missouri bar member

Signatory's Phone Number: 314-725-9100

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:    G. HARLEY BLOSSER
   SANDBERG PHOENIX AND VON GONTARD, P.C.
   
   120 S. CENTRAL AVENUE, STE 1600
   CLAYTON, Missouri 63105
Mailing Address:    G. Harley Blosser
   SANDBERG PHOENIX AND VON GONTARD, P.C.
   120 S. CENTRAL AVENUE, STE 1600
   CLAYTON, Missouri 63105
        
Serial Number: 88519655
Internet Transmission Date: Tue Mar 10 09:57:11 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020031009571172
1527-88519655-7106ee94d68c0b52164e5484ba
698526aaf74f764e2c88a421eaa52ffdda765a6-
N/A-N/A-20200309172249328823