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. 88589775 VELA(Standard Characters, see http://uspto.report/TM/88589775/mark.png) has been amended as follows:

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

U.S. Application Serial Nos. 88310429 and 88310427 are no longer active records.

EVIDENCE
Evidence in the nature of copies of online records has been attached.
Original PDF file:
evi_381429978-20191126071534926123_._88310427.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_381429978-20191126071534926123_._88310429.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 035 for calculation, creation, recording, composition, compilation and systematization of stock, commodity, futures, and derivative exchange indices and all index figures relating to stock commodity, futures, and derivative exchange rates, financial instruments and securities, namely, providing stock commodity, futures, and derivative and securities market information
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: calculation, creation, recording, composition, compilation and systematization of stock, commodity, futures, and derivative exchange indices and all index figures relating to stock commodity, futures, and derivative exchange rates, financial instruments and securities, namely, providing stock commodity, futures, and derivative and securities market information; creation, recording, composition, compilation and systematization of stock, commodity, futures, and derivative exchange indices and all index figures relating to stock commodity, futures, and derivative exchange rates, financial instruments and securitiesClass 035 for creation, recording, composition, compilation and systematization of stock, commodity, futures, and derivative exchange indices and all index figures relating to stock commodity, futures, and derivative exchange rates, financial instruments and securities
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 hereby adds the following class of goods/services to the application:
New: Class 036 for calculation of stock, commodity, futures, and derivative exchange indices and all index figures relating to stock commodity, futures, and derivative exchange rates, financial instruments and securities; providing stock commodity, futures, and derivative and securities market information
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /Austin Padgett/     Date: 11/26/2019
Signatory's Name: Austin Padgett
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: 4048853155

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.

        
RAM Sale Number: 88589775
RAM Accounting Date: 11/26/2019
        
Serial Number: 88589775
Internet Transmission Date: Tue Nov 26 07:21:53 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191126072153628
771-88589775-700199c935fb112635f22e9fd8d
33935cb9ab707e315783fd7b91b6204e1379f890
-DA-21534178-20191126071534926123