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. 88712059 PEP(Standard Characters, see http://uspto.report/TM/88712059/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: a response to Office Action
Original PDF file:
evi_21614181254-202009041 22026831889_._PEP_Respons e_to_OA.pdf
Converted PDF file(s) ( 1 page) Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Business services for others being testing to determine professional competency, namely, testing, analysis, and evaluation of the level of knowledge and skills of others in the field of psychology; business services for others, namely, credentialing of psychologists

Proposed:

Tracked Text Description: Business services for others being testing to determine professional competency, namely, testing, analysis, and evaluation of the level of knowledge and skills of others in the field of psychology; Business services for others being testing to determine professional competency in the field of psychology; business services for others, namely, credentialing of psychologists; verifying and monitoring the credentials of psychologists for business purposesClass 035 for Business services for others being testing to determine professional competency in the field of psychology; verifying and monitoring the credentials of psychologists for business purposes
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 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and is now in use in such commerce.
In International Class 035, the mark was first used at least as early as 01/00/2018 and first used in commerce at least as early as 01/00/2018.

Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of a screenshot from Applicant's website showing use of the mark in connection with the 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:
SPU0-21614181254-20200904 122026831889_._PEP_Specim en_of_Use.pdf
Converted PDF file(s) ( 1 page) Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Testing, analysis, and evaluation of the level of knowledge and skills of others in the field of psychology to determine conformity with certification standards
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 01/00/2018 and first used in commerce at least as early as 01/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of a screenshots from Applicant's website showing use of the mark with the 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:
SPN0-21614181254-20200904 122026831889_._PEP_Specim en_of_Use.pdf
Converted PDF file(s) ( 1 page) Specimen File1
Correspondence Information (current):
      Andrew D. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

The docket/reference number is 514656.
Correspondence Information (proposed):
      Andrew D. Price
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarkdocket@venable.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): adprice@venable.com; pehopkins@venable.com; pjwyles@venable.com

The docket/reference number is 514656.

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).

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

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_21614181254-122026831_ ._claeration_to_Perfect_A pplication__Use__48267172 .1__9.2.2020.pdf
Converted PDF file(s) (2 pages) Signature File1Signature File2
Signatory's Name: Taja S. Slaughter, MPA
Signatory's Position: Director of Credentialing

Response Signature
Signature: /Paula E. Hopkins/     Date: 09/04/2020
Signatory's Name: Paula E. Hopkins
Signatory's Position: Attorney of Record, Venable LLP, New York and DC bar member

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:    Andrew D. Price
   VENABLE LLP
   
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
Mailing Address:    Andrew D. Price
   VENABLE LLP
   P.O. BOX 34385
   WASHINGTON, District of Columbia 20043-9998
        
RAM Sale Number: 88712059
RAM Accounting Date: 09/04/2020
        
Serial Number: 88712059
Internet Transmission Date: Fri Sep 04 12:28:32 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202009041228326
07221-88712059-750b4738bd5ebe2f2e4cfbaa1
aabfdf285554d5465345a421cfec0fa59cd621c-
CC-28303291-20200904122026831889