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: Argument and supporting evidence in response to Section 2(d) refusal.
Original PDF file:
evi_507715149-20220209124 544188208_._GEMSTONE_FINA NCIAL_ENGINEERING_Respons e.pdf
Converted PDF file(s) ( 14 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7Evidence-8Evidence-9Evidence-10Evidence-11Evidence-12Evidence-13Evidence-14

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 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.


Proposed:

Tracked Text Description: Securities, futures, and derivatives 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 manager, all of the foregoing not including real estate investment services and real estate securitiesClass 036 for Securities, futures, and derivatives funds investment services featuring a fee structure that transfers risk from investor to investment manager, all of the foregoing not including real estate investment services and real estate securities
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

The owner's/holder's current attorney information: Talivaldis Cepuritis. Talivaldis Cepuritis of OLSON & CEPURITIS, LTD., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      36TH FLOOR
      20 NORTH WACKER DRIVE
      CHICAGO, Illinois 60606
      United States
      The phone number is 312-580-1180.
      The fax number is 312-580-1189.
      The email address is tmdocket@olsonip.com
Correspondence Information (current):
      Talivaldis Cepuritis
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@olsonip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@olsonip.com; 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; kgaripay@olsonip.com; tcepuritis@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: 02/09/2022
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 Feb 09 12:49:33 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20220209124933126
437-90080241-800c65e86c767f43d3228427848
04ad752c63c42c979a862aa7c6af37402cbbe7-N
/A-N/A-20220209124544188208