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. 88696147 ROGER(Standard Characters, see http://uspto.report/TM/88696147/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Recorded and downloadable computer software application for providing mobile and computer-based access to a database for management of transport and payment transactional information in the fields of agricultural product load, delivery, and payment information
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 10/30/2019 and first used in commerce at least as early as 10/30/2019 , and is now in use in such commerce.


Proposed:
Class 009 for Recorded and downloadable computer software application for providing mobile and computer-based access to a database for management of transport and payment transactional information in the fields of agricultural product load, delivery, and payment information
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 10/30/2019 and first used in commerce at least as early as 10/30/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Screenshots of the log-in page and a feature page of the downloadable software application (mobile application) that allow the user the read and report information related to agricultural loads and deliveries through the use of specific tabs and features noted at the bottom of the application..
"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:
SPU0-21617048162-20200730 180808835189_._Specimen-R oger-Class9.pdf
Converted PDF file(s) ( 1 page) Specimen File1

Applicant proposes to amend the following:

Current:
Class 042 for Software application services for the management of agricultural product transport, namely, providing on-line non-downloadable software for managing and maintaining information, for performing electronic business transactions, and for providing information about those electronic business transactions in the fields of agricultural product load, delivery and payment
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 10/30/2019 and first used in commerce at least as early as 10/30/2019 , and is now in use in such commerce.


Proposed:
Class 042 for Software application services for the management of agricultural product transport, namely, providing on-line non-downloadable software for managing and maintaining information, for performing electronic business transactions, and for providing information about those electronic business transactions in the fields of agricultural product load, delivery and payment
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 10/30/2019 and first used in commerce at least as early as 10/30/2019 , 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 Screenshots of the log-in page and a feature page of the non-downloadable application that allow the user to read and report information related to agricultural loads and deliveries through the use of specific tabs and features notes in the tool bar at the top of the application..
"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:
SPU1-21617048162-20200730 180808835189_._Specimen-R oger-Class42-3.pdf
Converted PDF file(s) ( 1 page) Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ROGER, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2027 DODGE STREET
      OMAHA, Nebraska 68102
      United States

Proposed: ROGER, LLC, a limited liability company legally organized under the laws of Delaware, having an address of
      2027 DODGE STREET
      OMAHA, Nebraska 68102
      United States
      Email Address: XXXX
Correspondence Information (current):
      Grayson J. Derrick
      PRIMARY EMAIL FOR CORRESPONDENCE: gderrick@bairdholm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hshire@bairdholm.com
Correspondence Information (proposed):
      Grayson J. Derrick
      PRIMARY EMAIL FOR CORRESPONDENCE: gderrick@bairdholm.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): hshire@bairdholm.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: /Grayson J. Derrick/      Date: 07/30/2020
Signatory's Name: Grayson J. Derrick
Signatory's Position: Attorney of record, NE bar member
Signatory's Phone Number: 402-344-0500, ext. 229


Response Signature
Signature: /Grayson J. Derrick/     Date: 07/30/2020
Signatory's Name: Grayson J. Derrick
Signatory's Position: Attorney of record, NE bar member

Signatory's Phone Number: 402-344-0500, ext. 229

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:    Grayson J. Derrick
   Baird Holm LLP
   
   1700 Farnam Street Suite 1500
   Omaha, Nebraska 68102
Mailing Address:    Grayson J. Derrick
   Baird Holm LLP
   1700 Farnam Street Suite 1500
   Omaha, Nebraska 68102
        
Serial Number: 88696147
Internet Transmission Date: Thu Jul 30 18:14:29 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202007301814291
32770-88696147-740ce7349b6d530b2dbbb3eee
4d536f64682c7a1da6054f9acce47bc3b8cfa825
9-N/A-N/A-20200730180808835189