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. 88837743 XO INTERGALACTIC(Standard Characters, see http://uspto.report/TM/88837743/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see attached pdf in the Evidence section.

EVIDENCE
Evidence has been attached: The argument with exhibits to address examiner's concerns is attached as a pdf.
Original PDF file:
evi_2412174237-2020080921 2724670071_._Response_to_ 9_June_2020_Office_Action.pdf
Converted PDF file(s) ( 28 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14Evidence-15Evidence-16Evidence-17Evidence-18Evidence-19Evidence-20Evidence-21Evidence-22Evidence-23Evidence-24Evidence-25Evidence-26Evidence-27Evidence-28

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable mobile applications for dating services and social networking; Downloadable software in the nature of a mobile application for dating services and social networking
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: Downloadable mobile applications for dating services and social networking; Downloadable mobile applications for internet-based dating services and social networking; Downloadable software in the nature of a mobile application for dating services and social networking; Downloadable software in the nature of a mobile application for internet-based dating services and social networkingClass 009 for Downloadable mobile applications for internet-based dating services and social networking; Downloadable software in the nature of a mobile application for internet-based dating services and social networking
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.
Correspondence Information (current):
      CHERYL DANCEY BALOUGH
      PRIMARY EMAIL FOR CORRESPONDENCE: cbalough@balough.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rbalough@balough.com

The docket/reference number is XO Intergala.
Correspondence Information (proposed):
      Cheryl Dancey Balough
      PRIMARY EMAIL FOR CORRESPONDENCE: cbalough@balough.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rbalough@balough.com

The docket/reference number is XO Intergala.

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)
Response Signature
Signature: /Cheryl Dancey Balough/     Date: 08/09/2020
Signatory's Name: Cheryl Dancey Balough
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: 3124990000

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:    CHERYL DANCEY BALOUGH
   BALOUGH LAW OFFICES, LLC
   
   20 N CLARK ST STE 3300
   CHICAGO, Illinois 60602
Mailing Address:    Cheryl Dancey Balough
   BALOUGH LAW OFFICES, LLC
   20 N CLARK ST STE 3300
   CHICAGO, Illinois 60602
        
Serial Number: 88837743
Internet Transmission Date: Sun Aug 09 21:36:54 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2020080921365411
1003-88837743-740ac51772472d153b7d534f5d
e3d9268c92bf1e1c62b81e4aaf010a55f99659b-
N/A-N/A-20200809212724670071