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. 88587917 KEYSTONE(Standard Characters, see http://uspto.report/TM/88587917/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Business and economic research related to the functioning and the development of business and startup ecosystems, and the provision of consulting and coaching services in relations to the development of business ecosystems and startup ecosystems
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Business and economic research related to the functioning and the development of business and startup ecosystems, and the provision of consulting and coaching services in relations to the development of business ecosystems and startup ecosystems; business data analysis in the field of business and startup ecosystems functions and how specific business and startup ecosystems have performed; preparation of reports in relation to how business and startup ecosystems function and how specific business and startup ecosystems have performedClass 035 for Business and economic research related to the functioning and the development of business and startup ecosystems, and the provision of consulting and coaching services in relations to the development of business ecosystems and startup ecosystems; business data analysis in the field of business and startup ecosystems functions and how specific business and startup ecosystems have performed; preparation of reports in relation to how business and startup ecosystems function and how specific business and startup ecosystems have performed
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 041 for Provide written, audio, video and multimedia content to diverse audiences as to the impact of certain activities and groups of people on others within and outside a specific community, and how any type of non-business communities, business communities and startup ecosystems function, how they develop, and how to build them (community and ecosystem building)
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Provide written, audio, video and multimedia content to diverse audiences as to the impact of certain activities and groups of people on others within and outside a specific community, and how any type of non-business communities, business communities and startup ecosystems function, how they develop, and how to build them (community and ecosystem building); Providing online non-downloadable visual and audio recordings and multimedia files in the field of developing and building non-business and business communities; publication of reports in the field of business and startup ecosystems functions and how specific business communities and startup ecosystems have performedClass 041 for Providing online non-downloadable visual and audio recordings and multimedia files in the field of developing and building non-business and business communities; publication of reports in the field of business and startup ecosystems functions and how specific business communities and startup ecosystems have performed
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 042 for Provision of data, analyses and reports, as well as data science and analytics services in relations to how business and startup ecosystems function and how specific business and startup ecosystems have performed
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Provision of data, analyses and reports, as well as data science and analytics services in relations to how business and startup ecosystems function and how specific business and startup ecosystems have performed; Providing a website that features technology that enables users to visualize and manipulate data on how business and startup ecosystems function and how specific business and startup ecosystems have performedClass 042 for Providing a website that features technology that enables users to visualize and manipulate data on how business and startup ecosystems function and how specific business and startup ecosystems have performed
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 04/16/2019 and first used in commerce at least as early as 04/22/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042. The specimen(s) submitted consists of screenshot from applicant's website.
"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].
Original PDF file:
SPU2-121301478-2020043011 4239761028_._KEYSTONE_sub _spec.pdf
Converted PDF file(s) ( 5 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Startup Genome LLC, a limited liability company legally organized under the laws of California, having an address of

            Suite 717      5 Third Street
      San Francisco, California 94103
      United States
      Email Address: XXXX
      415-722-0345
Proposed: Startup Genome LLC, a limited liability company legally organized under the laws of California, having an address of
      Suite 717
      5 Third Street
      San Francisco, California 94103
      United States
      Email Address: XXXX
      

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has identified U.S. Application Serial No. 88/395,745 (the "Cited Application") as a possible bar to registration of Applicant's Mark. Applicant expressly reserves its right to argue against any objections to the registration of Applicant's Mark which may be based on the Cited Application. Applicant further confirms that it does not wish to add Classes 9 or 16 to the Application

Correspondence Information (current):
      Jessica L. Rothstein
      PRIMARY EMAIL FOR CORRESPONDENCE: NY-TM-Admin@goodwinprocter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrothstein@goodwinprocter.com; jnici@goodwinprocter.com

The docket/reference number is 139726280931.
Correspondence Information (proposed):
      Jessica L. Rothstein
      PRIMARY EMAIL FOR CORRESPONDENCE: NY-TM-Admin@goodwinprocter.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jrothstein@goodwinprocter.com; jnici@goodwinprocter.com; avaccaro@goodwinprocter.com

The docket/reference number is 139726280931.

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)
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: /JF Gauthier/      Date: 05/07/2020
Signatory's Name: JF Gauthier
Signatory's Position: CEO, Member and Manager
Signatory's Phone Number: 4157220345


Response Signature
Signature: /Jessica Rothstein/     Date: 05/08/2020
Signatory's Name: Jessica Rothstein
Signatory's Position: Attorney of record, NY bar member

Signatory's Phone Number: 212-813-8800

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:    Jessica L. Rothstein
   GOODWIN PROCTER LLP
   620 Eighth Avenue
   620 Eighth Avenue
   New York, New York 10018
Mailing Address:    Jessica L. Rothstein
   GOODWIN PROCTER LLP
   620 Eighth Avenue
   620 Eighth Avenue
   New York, New York 10018
        
Serial Number: 88587917
Internet Transmission Date: Fri May 08 14:24:56 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20200508142456186
759-88587917-710445045ef8b23c23748cbc8b0
4d1e546fab94bc40f824982a9895ede1d298e5-N
/A-N/A-20200430114239761028