Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88937486 LINEUP(Standard Characters, see http://uspto.report/TM/88937486/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: argument and exhibits (web pages)
JPG file(s):Evidence-1
Original PDF file:
evi_7278184143-2021022416 2818696898_._Response_to_ Office_Action_-_LINEUP.pdf
Converted PDF file(s) ( 13 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13
Original PDF file:
evi_7278184143-2021022416 4612908879_._Exhibit_B_-_ Lineup-com_Website_-_LINE UP.pdf
Converted PDF file(s) ( 6 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Software as a service (SAAS) services featuring software for analyzing market and customer data for understanding, forecasting and providing predictions of consumer, business, and retail market trends and for use in making business decisions
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: Software as a service (SAAS) services featuring software for analyzing market and customer data for understanding, forecasting and providing predictions of consumer, business, and retail market trends and for use in making business decisions; Software as a service (SAAS) services featuring software for use by businesses in the restaurant industry to analyze historical sales data, weather data, local event data and other external factors to forecast and provide predictions of revenue, and of food and labor requirements of the businessClass 042 for Software as a service (SAAS) services featuring software for use by businesses in the restaurant industry to analyze historical sales data, weather data, local event data and other external factors to forecast and provide predictions of revenue, and of food and labor requirements of the business
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      GARY A. HECHT
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ghecht@foxrothschild.com; llane@foxrothschild.com; dfowler@foxrothschild.com

The docket/reference number is T37794 US.
Correspondence Information (proposed):
      Gary A. Hecht
      PRIMARY EMAIL FOR CORRESPONDENCE: ipdocket@foxrothschild.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ghecht@foxrothschild.com; llane@foxrothschild.com; dfowler@foxrothschild.com; tfall@foxrothschild.com

The docket/reference number is T37794 US.

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: /Tristram R. Fall, III/     Date: 02/24/2021
Signatory's Name: Tristram R. Fall, III
Signatory's Position: Attorney-of-Record, PA Bar

Signatory's Phone Number: 2152992016 Signature method: Signed directly within the form

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:    GARY A. HECHT
   FOX ROTHSCHILD LLP
   
   P.O. BOX 5231
   PRINCETON, New Jersey 08543-5231
Mailing Address:    Gary A. Hecht
   FOX ROTHSCHILD LLP
   P.O. BOX 5231
   PRINCETON, New Jersey 08543-5231
        
Serial Number: 88937486
Internet Transmission Date: Wed Feb 24 16:51:08 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021022416510803
0780-88937486-770734f9eca334d7af7ab53bdf
95a3cef753588023205c60d4a9ce2b58a81a8557
-N/A-N/A-20210224164612908879