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. 88572656 HUB (Stylized and/or with Design, see http://uspto.report/TM/88572656/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section

EVIDENCE
Evidence in the nature of arguments in response to Office Action. has been attached.
Original PDF file:
evi_9819161177-20191120142655746710_._Response_to_Office_Action_dated_11-26-19.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Promotional writing instruments; Promotional journals; Promotional packaging
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: Promotional writing instruments; writing instruments; Promotional journals; blank journals; Promotional packaging; cardboard packagingClass 016 for writing instruments; blank journals; cardboard packaging
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 correspondence information: HUB PEN COMPANY, LLC. HUB PEN COMPANY, LLC, is located at

      1525 WASHINGTON ST.
      BRAINTREE, Massachusetts 02184
      US

The phone number is 781-535-5500.

The email address is pambaker@hubpen.com

The applicants proposed correspondence information: Marla L. Mellino. Marla L. Mellino of McInnes & McLane, LLP, is located at

      128 Dorrance Street, Suite 220
      Providence, Rhode Island 02903
      United States
The docket/reference number is HUBP-T131.

The phone number is 4012235853.

The email address is trademark@mcmcip.com; marla@mcmcip.com

SIGNATURE(S)
Response Signature
Signature: /marla l mellino/     Date: 11/20/2019
Signatory's Name: Marla L. Mellino
Signatory's Position: Attorney of Record, Massachusetts Bar Member

Signatory's Phone Number: 4012235853

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:    HUB PEN COMPANY, LLC
   
   
   1525 WASHINGTON ST.
   BRAINTREE, Massachusetts 02184
Mailing Address:    Marla L. Mellino
   McInnes & McLane, LLP
   128 Dorrance Street, Suite 220
   Providence, Rhode Island 02903
        
Serial Number: 88572656
Internet Transmission Date: Wed Nov 20 14:47:10 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019112014471050
6192-88572656-700ed49d57b7ebd0e9d59486da
d93b4f8ad86a9a8f654d831aff3ebcd26392-N/A
-N/A-20191120142655746710