Response to Office Action

THE UNIVERSITY OF ALABAMA HUNTSVILLE

The Board of Trustees of The University of Alabama

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88615843
LAW OFFICE ASSIGNED LAW OFFICE 115
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88615843/mark.png
LITERAL ELEMENT THE UNIVERSITY OF ALABAMA HUNTSVILLE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)
Color is not claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable)
The mark consists of an encircled rope-like band enclosing the words, "THE UNIVERSITY OF ALABAMA HUNTSVILLE" Within the circle formed by this boundary the Roman goddess Minerva, goddess of wisdom, in classical flowing robe stands with one hand on a globe on a low pedestal with a bound book leaning against it. Lying on the ground to her left is an open scroll and in her hand she holds an olive branch. In the background to her right, the sun casts its rays.
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use THE UNIVERSITY OF ALABAMA HUNTSVILLE has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
SIGNATURE SECTION
DECLARATION SIGNATURE /Todd Barre/
SIGNATORY'S NAME Todd Barre
SIGNATORY'S POSITION Vice President
SIGNATORY'S PHONE NUMBER 2252412247
DATE SIGNED 01/08/2020
RESPONSE SIGNATURE /Jake M. Gipson/
SIGNATORY'S NAME Jake M. Gipson
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 205-521-8678
DATE SIGNED 01/08/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 08 16:08:52 EST 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0200108160852348657-88615
843-700a161a11f3ee686d7ce
ec72de658bf2ef0656a4ba981
c1553df81716e316f4fb-N/A-
N/A-20200108150750808965



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. 88615843 THE UNIVERSITY OF ALABAMA HUNTSVILLE (Stylized and/or with Design, see http://uspto.report/TM/88615843/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, IN PART, based on Five or More Years' Use
THE UNIVERSITY OF ALABAMA HUNTSVILLE has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.


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: /Todd Barre/      Date: 01/08/2020
Signatory's Name: Todd Barre
Signatory's Position: Vice President
Signatory's Phone Number: 2252412247


Response Signature
Signature: /Jake M. Gipson/     Date: 01/08/2020
Signatory's Name: Jake M. Gipson
Signatory's Position: Attorney of Record

Signatory's Phone Number: 205-521-8678

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: 88615843
Internet Transmission Date: Wed Jan 08 16:08:52 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020010816085234
8657-88615843-700a161a11f3ee686d7ceec72d
e658bf2ef0656a4ba981c1553df81716e316f4fb
-N/A-N/A-20200108150750808965



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