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

---

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. 90079353 UPKEEP (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9007935 3/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 039 for Vehicle transportation service, namely, the booking, pickup, observation of services, and return to customers, including repair, maintenance, refueling, washing, and other common vehicle care needs
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 07/13/2020 and first used in commerce at least as early as 07/13/2020 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Vehicle transportation service, namely, the booking, pickup, observation of services, and return to customers, including repair, maintenance, refueling, washing, and other common vehicle care needs; Transportation of consumer vehicles by means of contracted drivers, namely, the booking, pickup, delivery and/or return to customers, and other common vehicle transportation needs in the nature of any concierge or valet-type services.Class 039 for Transportation of consumer vehicles by means of contracted drivers, namely, the booking, pickup, delivery and/or return to customers, and other common vehicle transportation needs in the nature of any concierge or valet-type 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 07/13/2020 and first used in commerce at least as early as 07/13/2020 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 039. The specimen(s) submitted consists of Specimen is screenshots from the app including the screen where customer selects date/time/and vehicle to schedule service. Other is a screenshot of app where customer confirms the upkeep appointment they are scheduling to have their vehicle transported..
"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:
SPU0-18417072133-20210430 211533931437_._Upkeep_Spe cimen.pdf
Converted PDF file(s) ( 1 page) Specimen File1


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

ADDITIONAL STATEMENTS
Color Claim
The color(s) The colors black, light blue, and white are claimed as a feature of the mark is/are claimed as a feature of the mark.

Description of mark
The mark consists of The mark consists of the wording "UPKEEP" in black, with a light blue check mark forming part of the "K". The design is on a white background.

Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').

Correspondence Information (current):
      UPKEEP INC.
      PRIMARY EMAIL FOR CORRESPONDENCE: stephen@upkeepapp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
      UpKeep Inc.
      PRIMARY EMAIL FOR CORRESPONDENCE: stephen@upkeepapp.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

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: /stephen milacci/      Date: 04/30/2021
Signatory's Name: Stephen Milacci
Signatory's Position: CEO
Signatory's Phone Number: 4349440206

Signature method: Signed directly within the form

Response Signature
Signature: /stephen milacci/     Date: 04/30/2021
Signatory's Name: Stephen Milacci
Signatory's Position: CEO

Signatory's Phone Number: 4349440206 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    UPKEEP INC.
   
   
   4777 THOMAS JEFFERSON RD
   FOREST, Virginia 24551
Mailing Address:    UpKeep Inc.
   4777 Thomas Jefferson Rd
   Forest, Virginia 24551
        
Serial Number: 90079353
Internet Transmission Date: Fri Apr 30 22:03:57 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202104302203572
43120-90079353-7806b59ea1a1f4a2c95ef51ac
42597d1d7863838f7250d49d151f59abbd944cee
-N/A-N/A-20210430211533931437