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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88571948 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK |
http://uspto.report/TM/88571948/mark.png |
LITERAL ELEMENT |
IMLIVE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Applicant requests to amend the basis of Class 35 to intent to use and submits Arguments and Exhibits A and B (attached under Evidence) in response
to the specimen refusal in Class 45. A Request to Divide is being filed simultaneously to divide out Classes 38, 41, 42, and 45 based on use in commerce. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_3810821634-20200205100257080609_._IMLIVE_-_ROA__F3387022x96B9E_.pdf |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0003.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0004.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0005.JPG |
ORIGINAL PDF FILE |
evi_3810821634-20200205100257080609_._IMLIVE_-_Exhibit_A__F3357683x96B9E_.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0006.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0007.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0008.JPG |
ORIGINAL PDF FILE |
evi_3810821634-20200205100257080609_._IMLIVE_-_Exhibit_B__F3357689x96B9E_.pdf |
CONVERTED PDF FILE(S)
(3 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0009.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0010.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\885\719\88571948\xml6\ROA0011.JPG |
DESCRIPTION OF EVIDENCE FILE |
Arguments and Exhibits A and B |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Advertising services, namely, advertising the goods and services of others via a global computer network; advertising and information
distribution services, namely, providing advertising and classified advertising space for others via a global computer network; promotional services, namely, promoting the goods and services of
others over the Internet through the placement of third party advertisements and service advertisements on a website |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Advertising services, namely, advertising the goods and services of others via a global computer
network; Advertising services, namely, promoting the goods and services of others via a global computer network; advertising and information distribution services, namely, providing advertising and classified advertising space for others via a global computer network; advertising and information distribution services, namely, providing advertising services and classified advertising services for others via a global computer network; promotional services, namely, promoting the goods and services of others over the Internet through the placement of third party advertisements and service advertisements on a website;
dissemination of advertising matter for others relating to adult entertainers via a global information network; providing
on-line computer databases and on-line searchable databases featuring classified ad listings |
FINAL DESCRIPTION |
Advertising services, namely, promoting the goods and services of others via a global computer network; advertising and information
distribution services, namely, providing advertising services and classified advertising services for others via a global computer network; promotional services, namely, promoting the goods and
services of others over the Internet through the placement of third party advertisements and service advertisements on a website; dissemination of advertising matter for others relating to adult
entertainers via a global information network; providing on-line computer databases and on-line searchable databases featuring classified ad listings |
FILING BASIS |
Section 1(b) |
DELETED FILING BASIS |
1(a); |
GOODS AND/OR SERVICES SECTION (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Dissemination of personal and business information for others via a global information network; providing on-line chat rooms permitting
audio and video communication between individuals via a global information network; providing on-line electronic bulletin boards for transmission of messages among users in fields of mutual
interest |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Dissemination of personal and business information for others via a global information network;
Providing on-line chat rooms permitting audio and video communication between individuals via a global information network; providing on-line electronic
bulletin boards for transmission of messages among users in fields of mutual interest; providing internet chat rooms in the nature of online facilities for
real-time interaction with online adult entertainers of live sex shows and tease shows |
FINAL DESCRIPTION |
Providing on-line chat rooms permitting audio and video communication between individuals via a global information network; providing
on-line electronic bulletin boards for transmission of messages among users in fields of mutual interest; providing internet chat rooms in the nature of online facilities for real-time interaction
with online adult entertainers of live sex shows and tease shows |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Entertainment services, namely, providing on-line adult entertainment, namely, an Internet video chat room whereby Internet users can
interact with performers of live sex shows, tease shows, sexual recorded video and sexual pictures, via a global computer network; entertainment services, namely, providing on-line adult
entertainment, namely, live sex shows, tease shows, sexual recorded video and sexual pictures by means of a global computer network |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Entertainment services, namely, providing on-line adult entertainment, namely, an Internet video chat
room whereby Internet users can interact with performers of live sex shows, tease shows, sexual recorded video and sexual pictures, via a global computer network; Entertainment services, namely, providing a website featuring adult entertainment, providing live performances by an adult entertainer, and providing a web site featuring non-downloadable
adult-themed photographs and videos; entertainment services, namely, providing on-line adult entertainment, namely, live sex shows, tease shows, sexual recorded
video and sexual pictures by means of a global computer network |
FINAL DESCRIPTION |
Entertainment services, namely, providing a website featuring adult entertainment, providing live performances by an adult entertainer,
and providing a web site featuring non-downloadable adult-themed photographs and videos |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Computer services, namely, providing on-line computer databases and on-line searchable databases featuring classified listings and want
ads; computer services, namely, hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line interactive communications and on-line interactive discussions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Computer services, namely, providing on-line computer databases and on-line searchable databases
featuring classified listings and want ads; Computer services, namely, hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line
interactive communications and on-line interactive discussions |
FINAL DESCRIPTION |
Computer services, namely, hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line
interactive communications and on-line interactive discussions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (045)(current) |
INTERNATIONAL CLASS |
045 |
DESCRIPTION |
Personal and social services, namely, providing information and databases featuring classified listings and want ads, arranging
personal introductions, providing information featuring personal profiles and contact information, and providing facilities for organizing and conducting meetings, communications and interactive
discussions for personal and/or social needs of individuals |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
GOODS AND/OR SERVICES SECTION (045)(proposed) |
INTERNATIONAL CLASS |
045 |
TRACKED TEXT DESCRIPTION |
Personal and social services, namely, providing information and databases featuring classified listings
and want ads, arranging personal introductions, providing information featuring personal profiles and contact information, and providing facilities for organizing and conducting meetings,
communications and interactive discussions for personal and/or social needs of individuals; Personal and social services, namely, arranging personal social
introductions for entertainment purposes |
FINAL DESCRIPTION |
Personal and social services, namely, arranging personal social introductions for entertainment purposes |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 00/00/2004 |
FIRST USE IN COMMERCE DATE |
At least as early as 00/00/2004 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\885\719\88571948\xml6\ ROA0012.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT 17\885\719\88571948\xml6\ ROA0013.JPG |
SPECIMEN DESCRIPTION |
Screenshots of websites displaying the mark in connection with the services, originally submitted with the application. |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/tnb/ |
SIGNATORY'S NAME |
Tamar Niv Bessinger |
SIGNATORY'S POSITION |
Attorney of Record, New York State Bar Member |
SIGNATORY'S PHONE NUMBER |
212-813-5900 |
DATE SIGNED |
02/05/2020 |
RESPONSE SIGNATURE |
/tnb/ |
SIGNATORY'S NAME |
Tamar Niv Bessinger |
SIGNATORY'S POSITION |
Attorney of Record, New York Bar Member |
SIGNATORY'S PHONE NUMBER |
2125357808 |
DATE SIGNED |
02/05/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Feb 05 16:30:37 EST 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200205163037730336-88571
948-70051cb12a528f68142b5
99f02cd78b9eca216f14212fa
6c4e0ef87eedeb6128-N/A-N/
A-20200205143416677743 |
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.
88571948 IMLIVE(Standard Characters, see http://uspto.report/TM/88571948/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant requests to amend the basis of Class 35 to intent to use and submits Arguments and Exhibits A and B (attached under Evidence) in response to the specimen refusal in Class 45. A Request to
Divide is being filed simultaneously to divide out Classes 38, 41, 42, and 45 based on use in commerce.
EVIDENCE
Evidence in the nature of Arguments and Exhibits A and B has been attached.
Original PDF file:
evi_3810821634-20200205100257080609_._IMLIVE_-_ROA__F3387022x96B9E_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Original PDF file:
evi_3810821634-20200205100257080609_._IMLIVE_-_Exhibit_A__F3357683x96B9E_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_3810821634-20200205100257080609_._IMLIVE_-_Exhibit_B__F3357689x96B9E_.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Advertising services, namely, advertising the goods and services of others via a global computer network; advertising and information distribution services, namely,
providing advertising and classified advertising space for others via a global computer network; promotional services, namely, promoting the goods and services of others over the Internet through the
placement of third party advertisements and service advertisements on a website
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Advertising services, namely, advertising the goods and services of others via a global computer network;
Advertising services, namely, promoting the goods and services of others via a global computer network;
advertising and information distribution
services, namely, providing advertising and classified advertising space for others via a global computer network;
advertising and information distribution
services, namely, providing advertising services and classified advertising services for others via a global computer network;
promotional services, namely, promoting the
goods and services of others over the Internet through the placement of third party advertisements and service advertisements on a website;
dissemination of
advertising matter for others relating to adult entertainers via a global information network;
providing on-line computer databases and on-line searchable
databases featuring classified ad listingsClass 035 for Advertising services, namely, promoting the goods and services of others via a global computer network; advertising and information
distribution services, namely, providing advertising services and classified advertising services for others via a global computer network; promotional services, namely, promoting the goods and
services of others over the Internet through the placement of third party advertisements and service advertisements on a website; dissemination of advertising matter for others relating to adult
entertainers via a global information network; providing on-line computer databases and on-line searchable databases featuring classified ad listings
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.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Dissemination of personal and business information for others via a global information network; providing on-line chat rooms permitting audio and video communication
between individuals via a global information network; providing on-line electronic bulletin boards for transmission of messages among users in fields of mutual interest
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Dissemination of personal and business information for others via a global information network;
Providing
on-line chat rooms permitting audio and video communication between individuals via a global information network;
providing on-line electronic bulletin boards for
transmission of messages among users in fields of mutual interest;
providing internet chat rooms in the nature of online facilities for real-time interaction
with online adult entertainers of live sex shows and tease showsClass 038 for Providing on-line chat rooms permitting audio and video communication between individuals via a global information
network; providing on-line electronic bulletin boards for transmission of messages among users in fields of mutual interest; providing internet chat rooms in the nature of online facilities for
real-time interaction with online adult entertainers of live sex shows and tease shows
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Entertainment services, namely, providing on-line adult entertainment, namely, an Internet video chat room whereby Internet users can interact with performers of live
sex shows, tease shows, sexual recorded video and sexual pictures, via a global computer network; entertainment services, namely, providing on-line adult entertainment, namely, live sex shows, tease
shows, sexual recorded video and sexual pictures by means of a global computer network
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Entertainment services, namely, providing on-line adult entertainment, namely, an Internet video chat room whereby Internet users can
interact with performers of live sex shows, tease shows, sexual recorded video and sexual pictures, via a global computer network;
Entertainment services, namely,
providing a website featuring adult entertainment, providing live performances by an adult entertainer, and providing a web site featuring non-downloadable adult-themed photographs and videos;
entertainment services, namely, providing on-line adult entertainment, namely, live sex shows, tease shows, sexual recorded video and sexual pictures by means of a
global computer networkClass 041 for Entertainment services, namely, providing a website featuring adult entertainment, providing live performances by an adult entertainer, and providing a web
site featuring non-downloadable adult-themed photographs and videos
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, providing on-line computer databases and on-line searchable databases featuring classified listings and want ads; computer services, namely,
hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line interactive communications and on-line interactive discussions
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Computer services, namely, providing on-line computer databases and on-line searchable databases featuring classified listings and want
ads;
Computer services, namely, hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line interactive communications and on-line
interactive discussionsClass 042 for Computer services, namely, hosting on-line web facilities for others for organizing and conducting on-line meetings, on-line interactive communications and
on-line interactive discussions
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 045 for Personal and social services, namely, providing information and databases featuring classified listings and want ads, arranging personal introductions, providing
information featuring personal profiles and contact information, and providing facilities for organizing and conducting meetings, communications and interactive discussions for personal and/or social
needs of individuals
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Personal and social services, namely, providing information and databases featuring classified listings and want ads, arranging
personal introductions, providing information featuring personal profiles and contact information, and providing facilities for organizing and conducting meetings, communications and interactive
discussions for personal and/or social needs of individuals;
Personal and social services, namely, arranging personal social introductions for entertainment
purposesClass 045 for Personal and social services, namely, arranging personal social introductions for entertainment purposes
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 00/00/2004 and first used in commerce at least as early as 00/00/2004 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 045 . The specimen(s) submitted consists of Screenshots of websites displaying the mark in connection with the services, originally
submitted with the application. .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Specimen File2
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: /tnb/ Date: 02/05/2020
Signatory's Name: Tamar Niv Bessinger
Signatory's Position: Attorney of Record, New York State Bar Member
Signatory's Phone Number: 212-813-5900
Response Signature
Signature: /tnb/ Date: 02/05/2020
Signatory's Name: Tamar Niv Bessinger
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 2125357808
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: 88571948
Internet Transmission Date: Wed Feb 05 16:30:37 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020020516303773
0336-88571948-70051cb12a528f68142b599f02
cd78b9eca216f14212fa6c4e0ef87eedeb6128-N
/A-N/A-20200205143416677743