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. 90561064 ANTHEM(Standard Characters, see http://uspto.report/TM/90561064/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Digital displays, namely, digital billboard displays, and large format trivision billboard displays; Manufacturing, transporting, servicing and installing digital displays, namely, digital billboard displays, and large format trivision billboard displays
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/18/2014 and first used in commerce at least as early as 12/18/2014 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Digital displays, namely, digital billboard displays, and large format trivision billboard displays; Digital signage display panels, namely, digital billboard display panels and large format trivision digital billboard display panels; Manufacturing, transporting, servicing and installing digital displays, namely, digital billboard displays, and large format trivision billboard displaysClass 009 for Digital signage display panels, namely, digital billboard display panels and large format trivision digital billboard display panels
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/18/2014 and first used in commerce at least as early as 12/18/2014 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of Mark associated with the applied for Class 009 goods.
"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:
SPU0-6512618722-202112221 61139272743_._Anthem-Spec imen.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3


Webpage URL: http://www.wect.com/2021/07/09/digital-billboard-company-finds-success-after-moving-bladen-county/
Webpage Date of Access: 12/20/2021
Webpage URL: http://www.anthemdisplays.com/home-2.html
Webpage Date of Access: 12/20/2021
Webpage URL: http://www.anthemdisplays.com/contact-us.html
Webpage Date of Access: 12/20/2021

Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Custom manufacture of digital billboard displays and large format trivision billboard displays
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 12/18/2014 and first used in commerce at least as early as 12/18/2014 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040 . The specimen(s) submitted consists of Mark associated with the applied for Class 040 services .
"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:
SPN0-6512618722-202112221 61139272743_._Anthem-Spec imen.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3


Webpage URL: http://www.wect.com/2021/07/09/digital-billboard-company-finds-success-after-moving-bladen-county/
Webpage Date of Access: 12/20/2021
Webpage URL: http://www.anthemdisplays.com/home-2.html
Webpage Date of Access: 12/20/2021
Webpage URL: http://www.anthemdisplays.com/contact-us.html
Webpage Date of Access: 12/20/2021

The owner's/holder's current attorney information: David S. Kerr. David S. Kerr of BERG HILL GREENLEAF RUSCITTI LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1712 PEARL ST.
      BOULDER, Colorado 80302
      United States
The docket/reference number is 26990.01020.
      The phone number is 303-402-1600.
      The fax number is 303-402-1601.
      The email address is docketing@bhgrlaw.com
Correspondence Information (current):
      DAVID S. KERR
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@bhgrlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsk@bhgrlaw.com

The docket/reference number is 26990.01020.
Correspondence Information (proposed):
      David S. Kerr
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@bhgrlaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): dsk@bhgrlaw.com

The docket/reference number is 26990.01020.

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 $350 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: /David S. Kerr/      Date: 12/22/2021
Signatory's Name: David S. Kerr
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 3034021600

Signature method: Signed directly within the form

Response Signature
Signature: /David S. Kerr/     Date: 12/22/2021
Signatory's Name: David S. Kerr
Signatory's Position: Attorney of record, Colorado bar member

Signatory's Phone Number: 3034021600 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:    DAVID S. KERR
   BERG HILL GREENLEAF RUSCITTI LLP
   
   1712 PEARL ST.
   BOULDER, Colorado 80302
Mailing Address:    David S. Kerr
   BERG HILL GREENLEAF RUSCITTI LLP
   1712 PEARL ST.
   BOULDER, Colorado 80302
        
PAYMENT: 90561064
PAYMENT DATE: 12/22/2021
        
Serial Number: 90561064
Internet Transmission Date: Wed Dec 22 16:17:56 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021122216175646
5735-90561064-8001c46bebc43211ff1b65a217
b779f40b29f7af15d746eaf91142c62ca66aaeb9
-CC-17534912-20211222161139272743