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. 88519758 MASON REALTY INDUSTRY (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/8851975 8/large) has been amended as follows:

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

Please see argument text .pdf file submitted under the Evidence section.

EVIDENCE
Evidence has been attached: Arguments in support of registration as a PDF attachment with supporting exhibits consisting of printouts from the USPTO TESS database.
Original PDF file:
evi_38122826-202005301608 07335786_._Office_Action_ Response_5-30-2020.pdf
Converted PDF file(s) ( 17 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 036 for Real estate brokerage services, Commercial real estate brokerage services, Investment advisory services, Real estate leasing services, Real estate financing services, Real estate management
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 06/01/2019 and first used in commerce at least as early as 06/01/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Real estate brokerage services, Commercial real estate brokerage services, Investment advisory services, Real estate leasing services, Real estate financing services, Real estate management; Real estate brokerage services, Commercial real estate brokerage services, Real estate leasing services, Real estate managementClass 036 for Real estate brokerage services, Commercial real estate brokerage services, Real estate leasing services, Real estate management
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 06/01/2019 and first used in commerce at least as early as 06/01/2019 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "REALTY INDUSTRY" apart from the mark as shown.

Correspondence Information (current):
      Ralph N. Gaboury
      PRIMARY EMAIL FOR CORRESPONDENCE: gaboury@cpsslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 28780-002.
Correspondence Information (proposed):
      Ralph N. Gaboury
      PRIMARY EMAIL FOR CORRESPONDENCE: gaboury@cpsslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 28780-002.

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).

SIGNATURE(S)
Response Signature
Signature: /Ralph Gaboury/     Date: 05/30/2020
Signatory's Name: Ralph N. Gaboury
Signatory's Position: Attorney of record

Signatory's Phone Number: 212-953-6633

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:    Ralph N. Gaboury
   Cox Padmore Skolnik & Shakarchy LLP
   23rd Floor
   630 Third Avenue
   New York, New York 10017
Mailing Address:    Ralph N. Gaboury
   Cox Padmore Skolnik & Shakarchy LLP
   23rd Floor
   630 Third Avenue
   New York, New York 10017
        
Serial Number: 88519758
Internet Transmission Date: Sat May 30 16:21:36 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.XX-202005301621362397
38-88519758-710b9f785e849c78a78a3b8df669
3df3db8965ff1ca8aeb76237ff03f6b070ed34-N
/A-N/A-20200530160807335786