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. 88568358 LUNDER INSTITUTE (Stylized and/or with Design, see http://uspto.report/TM/88568358/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 016 for Sketch books, Scrap books, Writing or drawing books, Series of non-fiction books in the field of art, Picture books, Art books, Catalogs in the field of art, Prints, namely, photographic prints, art reproduction prints, Printed instructional, educational, and teaching materials in the field of art and art history, Publications, namely, books, workbooks, textbooks, and picture books in the field of art

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education services in the nature of courses at the university level, Educational services in the nature of art schools, Education services, namely, offering courses of instruction at the post-secondary level, Education services, namely, providing live and on-line lectures and workshops in the field of American Art, Art exhibition services, Entertainment and educational services, namely, conducting classes, lectures, workshops, panel discussions, conferences and seminars in the field of American Art and distribution of educational materials in connection therewith, Conducting scholarly research in the field of American Art, and Providing scholarly publications in the field of American Art
Original Filing Basis:
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 02/15/2017 and first used in commerce at least as early as 02/15/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Education services in the nature of courses at the university level, Educational services in the nature of art schools, Education services, namely, offering courses of instruction at the post-secondary level, Education services, namely, providing live and on-line lectures and workshops in the field of American Art, Art exhibition services, Entertainment and educational services, namely, conducting classes, lectures, workshops, panel discussions, conferences and seminars in the field of American Art and distribution of educational materials in connection therewith, Conducting scholarly research in the field of American Art, and Providing scholarly publications in the field of American Art; education services in the nature of courses at the university level, education services in the nature of art schools, education services, namely, offering courses of instruction at the post-secondary level; education services, namely, providing live and on-line lectures and workshops in the field of American art; art exhibition services; entertainment and education services, namely, conducting classes, lectures, workshops, panel discussions, conferences and seminars in the field of American art and distribution of educational materials in connection therewith; conducting scholarly research in the field of American art works and artists; providing printed scholarly publications in the nature of books, textbooks, magazines and written articles, theses, dissertations, and essays in the field of American art; and providing on-line scholarly publications in the nature of e-books, e-textbooks, online magazines, on-line articles, theses, dissertations, and essays, websites, and blogs in the field of American artClass 041 for education services in the nature of courses at the university level, education services in the nature of art schools, education services, namely, offering courses of instruction at the post-secondary level; education services, namely, providing live and on-line lectures and workshops in the field of American art; art exhibition services; entertainment and education services, namely, conducting classes, lectures, workshops, panel discussions, conferences and seminars in the field of American art and distribution of educational materials in connection therewith; conducting scholarly research in the field of American art works and artists; providing printed scholarly publications in the nature of books, textbooks, magazines and written articles, theses, dissertations, and essays in the field of American art; and providing on-line scholarly publications in the nature of e-books, e-textbooks, online magazines, on-line articles, theses, dissertations, and essays, websites, and blogs in the field of American art
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 02/15/2017 and first used in commerce at least as early as 02/15/2017 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use INSTITUTE apart from the mark as shown.


Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


Miscellaneous Statement
The Applicant is deleting the goods in Class No. 16 and is seeking registration only for the services in Class No 41, for which the basis of filing is Section 1(a), use in commerce. Therefore, amendment of the application seeking registration on the Supplemental Register is appropriate and accurate.


SIGNATURE(S)
Response Signature
Signature: /Daina J. Nathanson/     Date: 01/20/2020
Signatory's Name: Daina J. Nathanson
Signatory's Position: attorney of record, Maine and NH bar member

Signatory's Phone Number: 207 772-1941

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.

        
Serial Number: 88568358
Internet Transmission Date: Mon Jan 20 10:43:54 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200120104354
901811-88568358-70069e1a2bb63e97d5262b84
389278fe1d65321ed851a6dd88beb3d49b7e3289
-N/A-N/A-20200120102828565596