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. 90080241 GEMSTONE FINANCIAL ENGINEERING(Standard Characters, see http://uspto.report/TM/90080241/mark.png) has been amended as follows:

EVIDENCE
Evidence has been attached: arguments against Section 2(d) refusal
Original PDF file:
evi_507715149-20210127135 724811066_._GEMSTONE_FINA NCIAL_ENGINEERING_Respons e.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 036 for Funds investment services featuring a fee structure that transfers risk from investor to investment manager
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 03/03/2019 and first used in commerce at least as early as 03/03/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Funds investment services featuring a fee structure that transfers risk from investor to investment manager; Securities, futures, and derivatives funds investment services featuring a fee structure that transfers risk from investor to investment managerClass 036 for Securities, futures, and derivatives funds investment services featuring a fee structure that transfers risk from investor to investment manager
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 03/03/2019 and first used in commerce at least as early as 03/03/2019 , and is now in use in such commerce.
Webpage URL: None Provided
Webpage Date of Access: None Provided


ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use Financial Engineering apart from the mark as shown.

Correspondence Information (current):
      TALIVALDIS CEPURITIS
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@olsonip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): tcepuritis@olsonip.com; kgaripay@olsonip.com
Correspondence Information (proposed):
      Talivaldis Cepuritis
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@olsonip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@olsonip.com; tcepuritis@olsonip.com; kgaripay@olsonip.com

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: /Kathryn E. Garipay/     Date: 01/27/2021
Signatory's Name: Kathryn E. Garipay
Signatory's Position: Attorney of record, Illinois bar member

Signatory's Phone Number: (312) 580-1180 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:    TALIVALDIS CEPURITIS
   OLSON & CEPURITIS, LTD.
   36TH FLOOR
   20 NORTH WACKER DRIVE
   CHICAGO, Illinois 60606
Mailing Address:    Talivaldis Cepuritis
   OLSON & CEPURITIS, LTD.
   36TH FLOOR
   20 NORTH WACKER DRIVE
   CHICAGO, Illinois 60606
        
Serial Number: 90080241
Internet Transmission Date: Wed Jan 27 14:02:07 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20210127140207816
233-90080241-76091ba0c92461d7f83ccc16be2
5e65df785682b4f27a639c6c6d9e66d7295e-N/A
-N/A-20210127135724811066