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. 90398574 TRIO(Standard Characters, see http://uspto.report/TM/90398574/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

Applicant(s): Trinity Axis Inc. §

§

Serial No.: 90/398,574 §

§

Filed: December 21, 2020 § Examining Attorney: Carolyn R. Detmer

§

For: TRIO §

Response to Trademark Office Action dated June 16, 2021

Assistant Commissioner for Trademarks Att'y Docket No. 1040-00300

Box Responses – No Fees

2900 Crystal Drive Date: June 21, 2021

Arlington, VA 22202-3513

Dear Examining Attorney:

INTRODUCTORY COMMENTS

In the Office Action dated June 16, 2021, the Examining Attorney found no conflicting marks that would bar registration. The Examining Attorney has requested and update to the Identification of the Goods and Services. Applicant respectfully requests the Examining Attorney to remove the refusal in light of this Response.

I. Amendment of Description of Goods/Services

Please replace the previous description of goods/services with the following descriptions. It should be noted that International Class 009 has been removed. Additionally, International Classes 007 and 039 have been added.

Class 007: Vending machines.

Class 035: Business management in the field of operating and maintaining vending machines; Vending machine services, namely, providing vending machines featuring goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals.

Class 037: Installing and repairing vending machines; maintaining vending machines.

Class 039: Replenishment of vending machines.

Class 043: Providing goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals from vending machines.

II. Multiple Class Application Requirements

The Examiner noted that the Trademark Application has been filed with a fee for 4 International Classes. By this Response, an additional fee for 1 International Class is now being submitted for the additional International Class that has been added.

III. Conclusion

With this Applicant’s Response to Office Action dated June 16, 2017, Applicant respectfully submits that the issues raised by the Examining Attorney have been met. As such, Applicant respectfully requests that the Examining Attorney remove the refusal.

Respectfully submitted,

­­__/rflynt/_____________

John Ross Flynt

Reg. No. 72,817

C. Tumey Law Group, PLLC

P. O. Box 890226

Houston, Texas 77062-9998

(281) 962-4503 (Phone)

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for (Electrical and scientific apparatus) - Vending machines and dispensing machines

Applicant proposes to amend the following:

Current:
Class 035 for (Business management) - Operating and maintaining vending machines and dispensing machines
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: (Business management) - Operating and maintaining vending machines and dispensing machines; Business management in the field of operating and maintaining vending machines; Vending machine services, namely, providing vending machines featuring goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals.Class 035 for Business management in the field of operating and maintaining vending machines; Vending machine services, namely, providing vending machines featuring goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals.
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


Applicant proposes to amend the following:

Current:
Class 037 for (Repair) - Installing and repairing vending machines and dispensing machines
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: (Repair) - Installing and repairing vending machines and dispensing machines; Installing and repairing vending machines; maintaining vending machines.Class 037 for Installing and repairing vending machines; maintaining vending machines.
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


Applicant proposes to amend the following:

Current:
Class 043 for (Providing food and drink) - Providing food and/or drinks from vending machines and dispensing machines
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: (Providing food and drink) - Providing food and/or drinks from vending machines and dispensing machines; Providing goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals from vending machines.Class 043 for Providing goods such as, food, drinks, electronics, medicine, newspapers, photos, stamps, tickets, books, cigarettes, prophylactic, and pharmaceuticals from vending machines.
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


Applicant hereby adds the following class of goods/services to the application:
New: Class 007 for Vending machines.
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


Applicant hereby adds the following class of goods/services to the application:
New: Class 039 for Replenishment of vending machines.
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):
      JOHN ROSS FLYNT
      PRIMARY EMAIL FOR CORRESPONDENCE: rflynt@ctumeylawgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ctumey@ctumeylawgroup.com

The docket/reference number is 1040-00300.
Correspondence Information (proposed):
      John Ross Flynt
      PRIMARY EMAIL FOR CORRESPONDENCE: rflynt@ctumeylawgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ctumey@ctumeylawgroup.com

The docket/reference number is 1040-00300.

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).

FEE(S)
Fee(s) in the amount of $700 is being submitted.

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: /rflynt/      Date: 06/21/2021
Signatory's Name: John Ross Flynt
Signatory's Position: Attorney of Record, Texas Bar Member
Signatory's Phone Number: 281-962-4503

Signature method: Sent to third party for signature

Response Signature
Signature: /rflynt/     Date: 06/21/2021
Signatory's Name: John Ross Flynt
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 281-962-4503 Signature method: Sent to third party for signature

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:    JOHN ROSS FLYNT
   C. TUMEY LAW GROUP, PLLC
   
   P.O. BOX 890226
   HOUSTON, Texas 77062-9998
Mailing Address:    John Ross Flynt
   C. TUMEY LAW GROUP, PLLC
   P.O. BOX 890226
   HOUSTON, Texas 77062-9998
        
PAYMENT: 90398574
PAYMENT DATE: 06/21/2021
        
Serial Number: 90398574
Internet Transmission Date: Mon Jun 21 21:27:28 ET 2021
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20210621212728246240-90398574-
7809151c5c83f652a6d7a7d0fd5ea4559547efea
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