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. 88649986 LEADER(Standard Characters, see http://uspto.report/TM/88649986/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: LEADER(Standard Characters, see http://uspto.report/TM/88649986/mark.png)
Proposed (USPTO generated image): Leader (Standard Characters, see mark)
The mark consists of standard characters, without claim to any particular font style, size, or color.

EVIDENCE
Evidence in the nature of The request to amend the mark in the application is withdrawn. The attached specimens apply to Specimen for Class 9 and Specimens for Classes 38 and 42. has been attached. Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software for interactive audio, image, video, graphics, and data transfer for use in telecommunications; computer software for use in prepaid licensures that may be downloaded from a global computer network
Original Filing Basis:
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for interactive audio, image, video, graphics, and data transfer for use in telecommunications; Computer software for interactive audio, image, video, graphics, and data transfer for use in telecommunications that may be downloaded from a global computer network; Computer software for use in prepaid licensures that may be downloaded from a global computer networkClass 009 for Computer software for interactive audio, image, video, graphics, and data transfer for use in telecommunications that may be downloaded from a global computer network; Computer software for use in prepaid licensures that may be downloaded from a global computer network
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 .
"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]. Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet
Original Filing Basis:
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , and is now in use in such commerce.

Proposed: Class 038 for Telecommunication services, namely, transmission of voice, data, graphics, images, audio and video by means of telecommunications networks, wireless communication networks, and the Internet
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of Specimen of applied-for mark in use in commerce in International Class(es) 38 and 42 .
"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]. Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, providing an online non-downloadable suite of computer software for use in telecommunications that enables collaboration through tracking, context, and storage components of technology within a web-based system; enables management of tasks; enables management of communications, namely, tracking of incoming and outgoing written, electronic, and telephonic communications; enables file transfers; enables use of user-defined tools, namely, news interfaces, and escalations of alert notification that enhance the productivity of the user, enables teamwork among the users, enables access to user-generated data, and enables the user to leverage enterprise knowledge; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple website servers to others
Original Filing Basis:
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer services, namely, providing an online non-downloadable suite of computer software for use in telecommunications that enables collaboration through tracking, context, and storage components of technology within a web-based system; Computer services, namely, providing an online non-downloadable suite of computer software for use in telecommunications that enables collaboration through tracking, context, and storage components of technology within a web-based system, enables management of tasks, enables management of communications, namely, tracking of incoming and outgoing written, electronic, and telephonic communications, enables file transfers, enables use of user-defined tools, namely, news interfaces, and escalations of alert notification that enhance the productivity of the user, enables teamwork among the users, enables access to user-generated data, and enables the user to leverage enterprise knowledge; enables management of tasks; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; enables management of communications, namely, tracking of incoming and outgoing written, electronic, and telephonic communications; Providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple website; enables file transfers; enables use of user-defined tools, namely, news interfaces, and escalations of alert notification that enhance the productivity of the user, enables teamwork among the users, enables access to user-generated data, and enables the user to leverage enterprise knowledge; providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple website servers to othersClass 042 for Computer services, namely, providing an online non-downloadable suite of computer software for use in telecommunications that enables collaboration through tracking, context, and storage components of technology within a web-based system, enables management of tasks, enables management of communications, namely, tracking of incoming and outgoing written, electronic, and telephonic communications, enables file transfers, enables use of user-defined tools, namely, news interfaces, and escalations of alert notification that enhance the productivity of the user, enables teamwork among the users, enables access to user-generated data, and enables the user to leverage enterprise knowledge; Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; Providing a web site featuring technology that enables online users to create personal profiles featuring social networking information and to transfer and share such information among multiple website
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 08/31/2000 and first used in commerce at least as early as 08/31/2000 , 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 Specimen of applied-for mark in use in commerce in International Class(es) 38 and 42 .
"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]. Specimen File1

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use serif and san serif fonts apart from the mark as shown.


Stippling for shading
The stippling is for shading purposes only.


Translation
The wording Leader has no meaning in a foreign language.


Significance of wording, letter(s), or numeral(s)
Leader appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance. The word(s) Leader has no meaning in a foreign language.


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.


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: /Michael T. McKibben/      Date: 01/13/2020
Signatory's Name: Michael T. McKibben
Signatory's Position: Holder
Signatory's Phone Number: (614) 890-10986


Response Signature
Signature: /Michael T. McKibben/     Date: 01/13/2020
Signatory's Name: Michael T. McKibben
Signatory's Position: CEO

Signatory's Phone Number: 6148901986

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder ; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

        
Serial Number: 88649986
Internet Transmission Date: Mon Jan 13 17:33:58 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202001131733588
63380-88649986-700f236322a5f1ba7fc513c25
e3a5e80cf14fcdf6259778e692f926d2980bcce-
N/A-N/A-20200113161808912912