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. 90533959 SWIFT(Standard Characters, see http://uspto.report/TM/90533959/mark.png) has been amended as follows:

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

The SWIFT mark is not confusingly similar to US 4832912 for SWYFT (not SWIFT as cited in the Office Action, see the '912 file wrapper). The '912 mark was registered in connection with trip planning. Apparently, the mark is no longer in use as no Section 8/15 declaration was filed and the owner of the mark now makes use of SWIFTLY in connection with public transit route analytics software. See http://www.goswift.ly/. Applicant's mark is used in connection with logistics and inventory management in relation to gas and liquids transported via pipelines and provides loading management, supplier authorization, shipping, inventory tracking, loading, product transfer orders, billing, and data analysis. Sophisticated consumers make use Applicant's software when, for example, transferring gas and liquids between pipelines or terminals or to one another. Further, Applicant's software is not marketed in the same channels of trade as that of trip planning software or public transit route analytics software.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Non-downloadable web-based software for logistics and inventory management in relation to gas and liquids transported via pipelines
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Non-downloadable web-based software for logistics and inventory management in relation to gas and liquids transported via pipelines; Providing temporary use of non-downloadable internet-based software for loading management, supplier authorization, shipping, inventory tracking, loading, product transfer orders, billing, and data analysis in the field of logistics and inventory management in relation to gas and liquids transported via pipelinesClass 042 for Providing temporary use of non-downloadable internet-based software for loading management, supplier authorization, shipping, inventory tracking, loading, product transfer orders, billing, and data analysis in the field of logistics and inventory management in relation to gas and liquids transported via pipelines
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: MAGELLAN MIDSTREAM PARTNERS, L.P. MAGELLAN GP, LLC a(n) limited liability limited partnership, legally organized under the laws of Delaware, having an address of

            Suite 2800      One Williams Center
      Tulsa, Oklahoma 74172
      United States
      Email Address: XXXX

Proposed: MAGELLAN MIDSTREAM PARTNERS, L.P., a limited partnership legally organized under the laws of Delaware, comprising of Magellan Midstream Partners, L.P., a limited partnership organized under the laws of Delaware, composed of Magellan GP, LLC, a Delaware limited liability company, having an address of
      Suite 2800
      One Williams Center
      Tulsa, Oklahoma 74172
      United States
      Email Address: XXXX
Correspondence Information (current):
      PAUL E. ROSSLER
      PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@gablelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): prossler@gablelaw.com

The docket/reference number is 006554-00127.
Correspondence Information (proposed):
      Paul E. Rossler
      PRIMARY EMAIL FOR CORRESPONDENCE: iplaw@gablelaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 006554-00127.

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: /paul e. rossler/     Date: 03/21/2022
Signatory's Name: Paul E. Rossler
Signatory's Position: Attorney of Record, Oklahoma Bar Member

Signatory's Phone Number: 918-595-4800 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:    PAUL E. ROSSLER
   GABLE GOTWALS
   
   110 North Elgin, Suite 200
   TULSA, Oklahoma 74120
Mailing Address:    Paul E. Rossler
   GABLE GOTWALS
   110 North Elgin, Suite 200
   TULSA, Oklahoma 74120
        
Serial Number: 90533959
Internet Transmission Date: Mon Mar 21 14:26:39 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202203211426393
96306-90533959-800bc2d4ceae82c26bddacb0b
5d1a144bbf18a5e5be8bd31977d27b52ac618cf-
N/A-N/A-20220321141806518942