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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88843267 SHRIKAILASA(Standard Characters, see http://uspto.report/TM/88843267/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: Response to the Non-Final Office Action issued by the Examining Attorney on June 20, 2020.
Original PDF file:
evi_70591814-202012211157 06345459_._2020-12-21_KAI L-2001T_TM_NFOA_Response.pdf
Converted PDF file(s) ( 5 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 016 for Printed publications, namely, brochures, booklets, and teaching materials in the field of religion, meditation, yoga, philosophy, spirituality and well-being
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.


Proposed:
Class 016 for Printed publications, namely, brochures, booklets, and teaching materials in the field of religion, meditation, yoga, philosophy, spirituality and well-being
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of Printed publication showing the mark.
"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:

Current:
Class 041 for Conducting workshops, conferences, classes, and seminars in religion, meditation, yoga, philosophy, spirituality and wellbeing; Education services, namely, providing live and on-line classes, seminars, distance learning, meetings in the field of religion, meditation, yoga, philosophy, self-help, self awareness, spirituality and well-being; Educational services, namely, conducting classes, seminars, meetings, individualized instructions in the field of religion, meditation, yoga, philosophy, spirituality and well-being and distribution of course material in connection therewith; Meditation training; Workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing; Providing facilities for educational workshops, conferences, classes and seminars, including charitable services
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Conducting workshops, conferences, classes, and seminars in religion, meditation, yoga, philosophy, spirituality and wellbeing; Education services, namely, providing live and on-line classes, seminars, distance learning, meetings in the field of religion, meditation, yoga, philosophy, self-help, self awareness, spirituality and well-being; Educational services, namely, conducting classes, seminars, meetings, individualized instructions in the field of religion, meditation, yoga, philosophy, spirituality and well-being and distribution of course material in connection therewith; Meditation training; Workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing; educational services, namely, conducting workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing; Providing facilities for educational workshops, conferences, classes and seminars, including charitable services; Providing facilities for educational workshops, conferences, classes and seminars, including facilities for educational charitable event services; providing a website featuring non-downloadable videos in the field of spirituality, self-help, and personal empowermentClass 041 for Conducting workshops, conferences, classes, and seminars in religion, meditation, yoga, philosophy, spirituality and wellbeing; Education services, namely, providing live and on-line classes, seminars, distance learning, meetings in the field of religion, meditation, yoga, philosophy, self-help, self awareness, spirituality and well-being; Educational services, namely, conducting classes, seminars, meetings, individualized instructions in the field of religion, meditation, yoga, philosophy, spirituality and well-being and distribution of course material in connection therewith; Meditation training; educational services, namely, conducting workshops, conferences, classes, and seminars in the field of religion, meditation, yoga, philosophy, spirituality and wellbeing; Providing facilities for educational workshops, conferences, classes and seminars, including facilities for educational charitable event services; providing a website featuring non-downloadable videos in the field of spirituality, self-help, and personal empowerment
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of Website screenshots (URL: http://gov.shrikailasa.org/ and Date Accessed: December 17, 2020) showing the mark..
"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
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

Applicant proposes to amend the following:

Current:
Class 044 for Providing a website featuring information concerning alternative health and healing
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.


Proposed:
Class 044 for Providing a website featuring information concerning alternative health and healing
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 044. The specimen(s) submitted consists of Website screenshots (URL: http://gov.shrikailasa.org/ and Date Accessed: December 17, 2020) showing the mark..
"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
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

Applicant proposes to amend the following:

Current:
Class 045 for Religious and spiritual services, namely, providing gatherings and retreats to develop and enhance the spiritual lives of individuals; Providing on-line information in the field of spirituality, self-help, and personal empowerment subject matters; Providing a website featuring non-downloadable videos and information concerning the field of spirituality, self-help, and personal empowerment subject matters
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Religious and spiritual services, namely, providing gatherings and retreats to develop and enhance the spiritual lives of individuals; Providing on-line information in the field of spirituality, self-help, and personal empowerment subject matters; Providing a website featuring non-downloadable videos and information concerning the field of spirituality, self-help, and personal empowerment subject matters; Providing a website featuring information concerning the field of spirituality, self-help, and personal empowerment subject mattersClass 045 for Religious and spiritual services, namely, providing gatherings and retreats to develop and enhance the spiritual lives of individuals; Providing on-line information in the field of spirituality, self-help, and personal empowerment subject matters; Providing a website featuring information concerning the field of spirituality, self-help, and personal empowerment subject matters
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 12/15/2019 and first used in commerce at least as early as 12/15/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 045. The specimen(s) submitted consists of Website screenshots (URL: http://gov.shrikailasa.org/ and Date Accessed: December 17, 2020) showing the mark..
"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
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8

The owner's/holder's proposed attorney information: Pejman Yedidsion. Other appointed attorneys are Michael Zarrabian, Christopher Weiss. Pejman Yedidsion of Concept IP LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11601 Wilshire Blvd., Fifth Floor
      Los Angeles, California 90025
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is KAIL-2001T.
      The phone number is 8055792500.
      The fax number is 8055846427.
      The email address is pyedidsion@conceptip.com

Pejman Yedidsion submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      KAILASH UNION
      PRIMARY EMAIL FOR CORRESPONDENCE: dhyanbliss@gmail.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): accounts@kailaasa.org
Correspondence Information (proposed):
      Pejman Yedidsion
      PRIMARY EMAIL FOR CORRESPONDENCE: pyedidsion@conceptip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docketing@conceptip.com

The docket/reference number is KAIL-2001T.

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: /pejman yedidsion/      Date: 12/21/2020
Signatory's Name: Pejman Yedidsion
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 805-579-2500


Response Signature
Signature: /pejman yedidsion/     Date: 12/21/2020
Signatory's Name: Pejman Yedidsion
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 805-579-2500

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:    KAILASH UNION
   KAILASH UNION
   
   9720 CENTRAL AVE
   MONTCLAIR, California 91763
Mailing Address:    Pejman Yedidsion
   Concept IP LLP
   11601 Wilshire Blvd., Fifth Floor
   Los Angeles, California 90025
        
Serial Number: 88843267
Internet Transmission Date: Mon Dec 21 12:12:13 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202012211212139154
54-88843267-750d8b9eb7133ed6256368a72f3d
fa5e9a47fb4fd3a87cd7569455671689a2d9cb-N
/A-N/A-20201221115706345459