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. 88628532 INDIANA DAILY STUDENT(Standard Characters, see http://uspto.report/TM/88628532/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for newspaper publication

Applicant hereby adds the following class of goods/services to the application:
New: Class 016 (Original Class: 035 ) for newspapers
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 09/01/1914 and first used in commerce at least as early as 09/01/1914 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 016 . The specimen(s) submitted consists of page from newspaper .
"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:
SPU0-206532382-20200108144847380450_._Page_from_freshman-edition-2019.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for providing on-line non-downloadable newspapers
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/31/2013 and first used in commerce at least as early as 12/31/2013 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041 . The specimen(s) submitted consists of web page showing the mark in use .
"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:
SPN0-206532382-20200108144847380450_._idsnews_webpage.pdf
Converted PDF file(s) ( 13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13

The applicant's current attorney information: Thomas Q. Henry 28,309. Thomas Q. Henry 28,309 of WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 7562-344.

The phone number is 317-634-3456.

The email address is docketdept@uspatent.com

The applicants proposed attorney information: Thomas Q. Henry 28,309. Other appointed attorneys are John C. McNett; Thomas Q. Henry; Charles R. Reeves; Vincent O. Wagner; Steve Zlatos; Spiro Bereveskos; Daniel J. Lueders; Kenneth A. Gandy; Timothy N. Thomas; Charles J. Meyer; Lisa A. Hiday; Christopher A. Brown; Charles P. Schmal; Quentin G. Cantrell; William A. McKenna; James R. Blaufuss; Michael M. Morris; Jeremy J. Gustrowsky; Matthew M. Gardlik; Joshua P. Astin; Blake R. Hartz; Andrew M. Nevill; Scott J. Collins. Thomas Q. Henry 28,309 of Woodard Emhardt Henry Reeves & Wagner, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 7562-344.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is docketdept@uspatent.com

Thomas Q. Henry 28,309 submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: THOMAS Q. HENRY 28,309. THOMAS Q. HENRY 28,309 of WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      US
The docket/reference number is 7562-344.

The phone number is 317-634-3456.

The email address is docketdept@uspatent.com; mmotyka@uspatent.com

The applicants proposed correspondence information: Thomas Q. Henry 28,309. Thomas Q. Henry 28,309 of Woodard Emhardt Henry Reeves & Wagner, is located at

      111 MONUMENT CIRCLE, SUITE 3700
      INDIANAPOLIS, Indiana 46204
      United States
The docket/reference number is 7562-344.

The phone number is 317-634-3456.

The fax number is 317-637-7561.

The email address is docketdept@uspatent.com

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark 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.


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

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: /thomas q henry/      Date: 01/08/2020
Signatory's Name: Thomas Q. Henry
Signatory's Position: Attorney of Record
Signatory's Phone Number: 317-634-3456


Response Signature
Signature: /thomas q henry/     Date: 01/08/2020
Signatory's Name: Thomas Q Henry
Signatory's Position: Attorney of Record, Indiana Bar member

Signatory's Phone Number: 317 713-4907

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:    THOMAS Q. HENRY 28,309
   WOODARD, EMHARDT, HENRY, REEVES & WAGNER, LLP
   
   111 MONUMENT CIRCLE, SUITE 3700
   INDIANAPOLIS, Indiana 46204
Mailing Address:    Thomas Q. Henry 28,309
   Woodard Emhardt Henry Reeves & Wagner
   111 MONUMENT CIRCLE, SUITE 3700
   INDIANAPOLIS, Indiana 46204
        
RAM Sale Number: 88628532
RAM Accounting Date: 01/08/2020
        
Serial Number: 88628532
Internet Transmission Date: Wed Jan 08 15:53:36 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.X-20200108155336587
198-88628532-70038a85ef2101ca0bfb4a4ff77
97dec1fbdc3aa911bf6fb2e28ffd4ffa441e9214
-CC-53348768-20200108144847380450