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. 88776609 ARCBYT(Standard Characters, see http://uspto.report/TM/88776609/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 035 for Operation of tunnels and underground structures for others; management of tunnels and underground structures for others; leasing of tunnels, rights to subsurface real estate, and underground structures
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:
Tracked Text Description: Operation of tunnels and underground structures for others; management of tunnels and underground structures for others; business management of tunnels and underground structures for others; leasing of tunnels, rights to subsurface real estate, and underground structuresClass 035 for Operation of tunnels and underground structures for others; business management of tunnels and underground structures for others
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Arcbyt, Inc., a corporation of Delaware, having an address of
      1 West Barrett Ave
      Richmond, California 94801
      United States

Proposed: Arcbyt, Inc., a corporation of Delaware, having an address of
      1 West Barrett Ave
      Richmond, California 94801
      United States
      Email Address: XXXX
Correspondence Information (current):
      BRITT L. ANDERSON
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 130353.4000.
Correspondence Information (proposed):
      Britt L. Anderson
      PRIMARY EMAIL FOR CORRESPONDENCE: pctrademarks@perkinscoie.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 130353.4000.

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).

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant previously filed an application in class 37 for the mark ARCBYT (U.S. Serial No. 88776612) and kindly requests for the Examiner to move the recommended description for "Construction management of tunnels and underground structures for others; leasing of tunnels, rights to subsurface and real estate, and underground structures" to U.S. Serial No. 88776612.


SIGNATURE(S)
Response Signature
Signature: /Britt L. Anderson/     Date: 04/28/2020
Signatory's Name: Britt L. Anderson
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 650-838-4300

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:    BRITT L. ANDERSON
   PERKINS COIE LLP
   
   3150 PORTER DR.
   PALO ALTO, California 94304
Mailing Address:    Britt L. Anderson
   PERKINS COIE LLP
   3150 PORTER DR.
   PALO ALTO, California 94304
        
Serial Number: 88776609
Internet Transmission Date: Tue Apr 28 15:07:24 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-202004281507247
72955-88776609-7103af0d9afc54c05ea8ae271
da1e158a24d1a721ec6e6cb65695c2ac21d682ab
-N/A-N/A-20200428141143561454