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. 88540852 MPG (Stylized and/or with Design, see http://uspto.report/TM/88540852/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 035 for Membership club services, namely, providing networking services, technical and business feedback, technical and business guidance to members and vendors in the fields of custom pool building; providing an on-line business directory of custom pool builders
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: Membership club services, namely, providing networking services, technical and business feedback, technical and business guidance to members and vendors in the fields of custom pool building; Membership club services, namely, providing business networking services; Providing an on-line business directory of custom pool builders; Membership club services, namely, providing technical and business feedback and technical and business guidance in the nature of sharing of business information in the field of custom pool building construction methods and techniques to members and vendorsClass 035 for Membership club services, namely, providing business networking services; Providing an on-line business directory of custom pool builders; Membership club services, namely, providing technical and business feedback and technical and business guidance in the nature of sharing of business information in the field of custom pool building construction methods and techniques to members and vendors
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Membership club services, namely, conducting educational symposiums and providing educational resources to members and vendors in the fields of custom pool building
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: Membership club services, namely, conducting educational symposiums and providing educational resources to members and vendors in the fields of custom pool building; Membership club services, namely, conducting educational symposiums and providing educational resources in the nature of online non-downloadable videos to members and vendors in the fields of custom pool buildingClass 041 for Membership club services, namely, conducting educational symposiums and providing educational resources in the nature of online non-downloadable videos to members and vendors in the fields of custom pool building
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: Hani Z. Sayed. Hani Z. Sayed of RUTAN & TUCKER, LLP, is located at

      611 ANTON BLVD., SUITE 1400
      COSTA MESA, California 92626
      US
The docket/reference number is 065066.016T.

The phone number is 714-641-5100.

The fax number is 714-546-9035.

The email address is trademarks@rutan.com

The applicants proposed attorney information: Hani Z. Sayed. Other appointed attorneys are Lindsay J. Hulley. Hani Z. Sayed of RUTAN & TUCKER, 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

      14th Floor
      611 ANTON BLVD.
      COSTA MESA, California 92626
      United States
The docket/reference number is 065066.016T.

The phone number is 714-641-5100.

The email address is trademarks@rutan.com

Hani Z. Sayed 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: HANI Z. SAYED. HANI Z. SAYED of RUTAN & TUCKER, LLP, is located at

      611 ANTON BLVD., SUITE 1400
      COSTA MESA, California 92626
      US
The docket/reference number is 065066.016T.

The phone number is 714-641-5100.

The fax number is 714-546-9035.

The email address is trademarks@rutan.com; lherman@rutan.com

The applicants proposed correspondence information: Hani Z. Sayed. Hani Z. Sayed of RUTAN & TUCKER, LLP, is located at

      14th Floor
      611 ANTON BLVD.
      COSTA MESA, California 92626
      United States
The docket/reference number is 065066.016T.

The phone number is 714-641-5100.

The email address is trademarks@rutan.com

SIGNATURE(S)
Response Signature
Signature: /Lindsay J. Hulley/     Date: 01/16/2020
Signatory's Name: Lindsay J. Hulley
Signatory's Position: Attorney of record

Signatory's Phone Number: 714-641-5100

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:    HANI Z. SAYED
   RUTAN & TUCKER, LLP
   
   611 ANTON BLVD., SUITE 1400
   COSTA MESA, California 92626
Mailing Address:    Hani Z. Sayed
   RUTAN & TUCKER, LLP
   14th Floor
   611 ANTON BLVD.
   COSTA MESA, California 92626
        
Serial Number: 88540852
Internet Transmission Date: Thu Jan 16 16:54:10 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20200116165410559
778-88540852-700497d8298fa2ca7426b2cae1a
feec755878546cb5a63269575f519bf2f2c1e21-
N/A-N/A-20200116162643782657