Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88628895 RETIREMENT PLANNING UNIVERSITY(Standard Characters, see http://uspto.report/TM/88628895/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 036 for Financial advice and consultancy services
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:
Class 036 for Financial advice and consultancy services

Deleted Filing Basis: 1(b)
Applicant hereby submits one(or more) specimen(s) for Class 036. The specimen(s) submitted consists of Applicant's marketing brouchure and invitation, and on the third page of which, underneath "Opportunity for Customized Retirement Planning," Applicant's Mark "RETIREMENT PLANNING UNIVERSITY" is used in connection with individualized financial consulting services..
"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:
SPU0-15427117173-20210311 145849225319_._RPU_Inviti ation-_DU.pdf
Converted PDF file(s) ( 6 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6


Webpage URL: None Provided
Webpage Date of Access: None Provided

The owner's/holder's current attorney information: Abraham Lichy. Abraham Lichy of THE LICHY LAW FIRM, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      222 EAST 68TH STREET
      NEW YORK, New York 10065
      United States
      The phone number is 917-933-3895.
      The email address is alichy@lichylaw.com

The owner's/holder's proposed attorney information: Abraham Lichy. Abraham Lichy of THE LICHY LAW FIRM, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      222 EAST 68TH STREET
      NEW YORK, New York 10065
      United States
      The phone number is 917-933-3895.
      The email address is alichy@lichylaw.com

Abraham Lichy 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.Correspondence Information (current):
      Abraham Lichy
      PRIMARY EMAIL FOR CORRESPONDENCE: alichy@lichylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dhalberstein@lichylaw.com
Correspondence Information (proposed):
      Abraham Lichy
      PRIMARY EMAIL FOR CORRESPONDENCE: alichy@lichylaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dhalberstein@lichylaw.com

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: /jason vanderpol/      Date: 03/11/2021
Signatory's Name: Jason VanderPol
Signatory's Position: Chief Operations Officer
Signatory's Phone Number: 5024123354

Signature method: Sent to third party for signature

Response Signature
Signature: /Danit Halberstein/     Date: 03/11/2021
Signatory's Name: Danit Halberstein
Signatory's Position: Associate of Attorney of Record, New York Bar Member
Signature method: Sent to third party for signature

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:    Abraham Lichy
   THE LICHY LAW FIRM, P.C.
   
   222 EAST 68TH STREET
   NEW YORK, New York 10065
Mailing Address:    Abraham Lichy
   THE LICHY LAW FIRM, P.C.
   222 EAST 68TH STREET
   NEW YORK, New York 10065
        
Serial Number: 88628895
Internet Transmission Date: Thu Mar 11 16:12:10 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202103111612105
58056-88628895-77072aad192f3809f94b494b9
e664961ebce71282a7e5686dd7d23d2c12effa46
-N/A-N/A-20210311145849225319