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 09/30/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90121780 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/90121780/mark.png |
LITERAL ELEMENT |
ONTRAC |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (035) (current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup
and delivery of packages and letters via ground |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/15/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/15/2013 |
GOODS AND/OR SERVICES SECTION (035) (proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup and delivery of packages and letters via ground; mail services consisting of arranging for pickup and
delivery of packages and letters via ground motor carrier; supply chain logistics and reverse logistics services, namely, arranging and managing pickup,
delivery, storage and transportation by others of documents, packages, freight and parcels by air and truck for others; arranging delivery and transportation of
documents, packages, freight and parcels by air and truck; arranging for pickup, shipping, and delivery of packages and letters by others via various modes of
transportation. |
FINAL DESCRIPTION |
Mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup
and delivery of packages and letters via ground motor carrier; supply chain logistics and reverse logistics services, namely, arranging and managing pickup, delivery, storage and transportation by
others of documents, packages, freight and parcels by air and truck for others; arranging delivery and transportation of documents, packages, freight and parcels by air and truck; arranging for
pickup, shipping, and delivery of packages and letters by others via various modes of transportation. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/01/2008 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-241301901-2020100714
3233981319_._OnTrac_Speci men_Class_35__Mail__2020.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\901\217\90121780\xml7\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\901\217\90121780\xml7\ ROA0003.JPG |
SPECIMEN DESCRIPTION |
a web page at URL http://www.ontrac.com/directpost.asp, accessed March 30, 2020 |
GOODS AND/OR SERVICES SECTION (039) (current) |
INTERNATIONAL CLASS |
039 |
DESCRIPTION |
Transportation brokerage services, namely, arranging for pickup, delivery, storage and transportation by others of documents, packages,
freight and parcels by air and truck; supply chain logistics and reverse logistics services, namely, arranging for warehousing services, transportation and delivery of documents, packages, freight
and parcels by air and truck; warehousing services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others; mail services consisting of arranging
shipping and delivery services, namely, pickup and delivery of packages and letters by others by various modes of transportation |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/01/2008 |
GOODS AND/OR SERVICES SECTION (039) (proposed) |
INTERNATIONAL CLASS |
039 |
TRACKED TEXT DESCRIPTION |
Transportation brokerage services, namely, arranging for pickup, delivery, storage and transportation by
others of documents, packages, freight and parcels by air and truck; Transportation brokerage services; supply chain
logistics and reverse logistics services, namely, arranging for warehousing services, transportation and delivery of documents, packages, freight and parcels by air and truck; warehousing services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others.; warehousing services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others; mail services
consisting of arranging shipping and delivery services, namely, pickup and delivery of packages and letters by others by various modes of transportation |
FINAL DESCRIPTION |
Transportation brokerage services; warehousing services, namely, storage, distribution and packing for shipment of goods, packages,
documents and freight for others. |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/01/2008 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU1-241301901-2020100714 3233981319_._OnTrac_-_Spe
cimen_2020.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\901\217\90121780\xml7\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\901\217\90121780\xml7\ ROA0005.JPG |
SPECIMEN DESCRIPTION |
a web page at URL http://www.ontrac.com/ontracground.asp, accessed June 18, 2020 |
CORRESPONDENCE INFORMATION (current) |
NAME |
FRANK J. GILBERT |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
frank@schwartz-cera.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Frank J. Gilbert |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
frank@schwartz-cera.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/frank j. gilbert/ |
SIGNATORY'S NAME |
Frank J. Gilbert |
SIGNATORY'S POSITION |
Attorney of Record, California Bar member |
SIGNATORY'S PHONE NUMBER |
415-956-2600 |
DATE SIGNED |
10/07/2020 |
RESPONSE SIGNATURE |
/frank j. gilbert/ |
SIGNATORY'S NAME |
Frank J. Gilbert |
SIGNATORY'S POSITION |
Attorney of Record, California Bar member |
SIGNATORY'S PHONE NUMBER |
415-956-2600 |
DATE SIGNED |
10/07/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Oct 07 15:07:40 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.X-20
201007150740958896-901217
80-750b6a6e2589ce897884f7
ed22bf77f2f85bc91a1f1d766
99833816b45037e4a3-N/A-N/
A-20201007143233981319 |
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 09/30/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90121780 ONTRAC (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9012178 0/large) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 035 for Mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup and delivery of packages and letters via ground
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 02/15/2013 and first used in commerce at least as early as 02/15/2013 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Mail services consisting of receiving, sorting and handling of packages and letters;
mail services consisting
of arranging for pickup and delivery of packages and letters via ground;
mail services consisting of arranging for pickup and delivery of packages and letters
via ground motor carrier;
supply chain logistics and reverse logistics services, namely, arranging and managing pickup, delivery, storage and transportation by
others of documents, packages, freight and parcels by air and truck for others;
arranging delivery and transportation of documents, packages, freight and
parcels by air and truck;
arranging for pickup, shipping, and delivery of packages and letters by others via various modes of transportation.Class 035 for
Mail services consisting of receiving, sorting and handling of packages and letters; mail services consisting of arranging for pickup and delivery of packages and letters via ground motor carrier;
supply chain logistics and reverse logistics services, namely, arranging and managing pickup, delivery, storage and transportation by others of documents, packages, freight and parcels by air and
truck for others; arranging delivery and transportation of documents, packages, freight and parcels by air and truck; arranging for pickup, shipping, and delivery of packages and letters by others
via various modes of transportation.
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 02/01/2008 and first used in commerce at least as early as 02/01/2008 , and
is now in use in such commerce.
In International Class 035, the mark was first used at least as early as 02/01/2008 and first used in commerce at least as early as 02/01/2008.
Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of a web page at URL http://www.ontrac.com/directpost.asp, accessed March 30, 2020.
"
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:
SPU0-241301901-2020100714
3233981319_._OnTrac_Speci men_Class_35__Mail__2020.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1Specimen File2
Applicant proposes to amend the following:
Current:
Class 039 for Transportation brokerage services, namely, arranging for pickup, delivery, storage and transportation by others of documents, packages, freight and parcels by air and truck; supply
chain logistics and reverse logistics services, namely, arranging for warehousing services, transportation and delivery of documents, packages, freight and parcels by air and truck; warehousing
services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others; mail services consisting of arranging shipping and delivery services, namely,
pickup and delivery of packages and letters by others by various modes of transportation
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 02/01/2008 and first used in commerce at least as early as 02/01/2008 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Transportation brokerage services, namely, arranging for pickup, delivery, storage and transportation by others of documents, packages,
freight and parcels by air and truck;
Transportation brokerage services;
supply chain logistics and reverse logistics
services, namely, arranging for warehousing services, transportation and delivery of documents, packages, freight and parcels by air and truck;
warehousing
services, namely, storage, distribution and packing for shipment of goods, packages, documents and freight for others.;
warehousing services, namely, storage,
distribution and packing for shipment of goods, packages, documents and freight for others;
mail services consisting of arranging shipping and delivery
services, namely, pickup and delivery of packages and letters by others by various modes of transportationClass 039 for Transportation brokerage services; warehousing services, namely, storage,
distribution and packing for shipment of goods, packages, documents and freight for others.
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 02/01/2008 and first used in commerce at least as early as 02/01/2008 , 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 a web page at URL http://www.ontrac.com/ontracground.asp, accessed June 18, 2020.
"
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:
SPU1-241301901-2020100714 3233981319_._OnTrac_-_Spe
cimen_2020.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1Specimen File2
Correspondence Information (current):
FRANK J. GILBERT
PRIMARY EMAIL FOR CORRESPONDENCE: frank@schwartz-cera.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
Correspondence Information (proposed):
Frank J. Gilbert
PRIMARY EMAIL FOR CORRESPONDENCE: frank@schwartz-cera.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: /frank j. gilbert/ Date: 10/07/2020
Signatory's Name: Frank J. Gilbert
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 415-956-2600
Response Signature
Signature: /frank j. gilbert/ Date: 10/07/2020
Signatory's Name: Frank J. Gilbert
Signatory's Position: Attorney of Record, California Bar member
Signatory's Phone Number: 415-956-2600
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: FRANK J. GILBERT
SCHWARTZ & CERA
88 KEARNY STREET, SUITE 1850
SAN FRANCISCO, California 94108
Mailing Address: Frank J. Gilbert
SCHWARTZ & CERA
88 KEARNY STREET, SUITE 1850
SAN FRANCISCO, California 94108
Serial Number: 90121780
Internet Transmission Date: Wed Oct 07 15:07:40 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20201007150740958
896-90121780-750b6a6e2589ce897884f7ed22b
f77f2f85bc91a1f1d76699833816b45037e4a3-N
/A-N/A-20201007143233981319