Response to Office Action

EBIRD

Cornell University

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 97274264
LAW OFFICE ASSIGNED LAW OFFICE 130
MARK SECTION
MARK mark
LITERAL ELEMENT EBIRD
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ADDITIONAL STATEMENTS SECTION
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.
CORRESPONDENCE INFORMATION (current)
NAME Kristen Mollnow Walsh
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE nytm@nixonpeabody.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) kwalsh@nixonpeabody.com
DOCKET/REFERENCE NUMBER 18885-25
CORRESPONDENCE INFORMATION (proposed)
NAME Kristen Mollnow Walsh
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE nytm@nixonpeabody.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) kwalsh@nixonpeabody.com
DOCKET/REFERENCE NUMBER 18885-25
SIGNATURE SECTION
DECLARATION SIGNATURE /kristenmwalsh/
SIGNATORY'S NAME Kristen M. Walsh
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 585-263-1065
DATE SIGNED 01/25/2023
SIGNATURE METHOD Signed directly within the form
RESPONSE SIGNATURE /kristenmwalsh/
SIGNATORY'S NAME Kristen Mollnow Walsh
SIGNATORY'S POSITION Attorney of Record
SIGNATORY'S PHONE NUMBER 585-263-1065
DATE SIGNED 01/25/2023
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 25 15:29:21 ET 2023
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-202
30125152921390524-9727426
4-850e1fbb0e51b1caf91569d
bc628ece0dfa17cdf3edf3aca
92f829c8dca5ba4a1-N/A-N/A
-20230125152534184170



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. 97274264 EBIRD(Standard Characters, see http://uspto.report/TM/97274264/mark.png) has been amended as follows:

ADDITIONAL STATEMENTS
SECTION 2(f) Claim of Acquired Distinctiveness, based on Five or More Years' Use
The mark has become distinctive of the goods/services through the applicant's substantially exclusive and continuous use of the mark in commerce that the U.S. Congress may lawfully regulate for at least the five years immediately before the date of this statement.

Correspondence Information (current):
      Kristen Mollnow Walsh
      PRIMARY EMAIL FOR CORRESPONDENCE: nytm@nixonpeabody.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwalsh@nixonpeabody.com

The docket/reference number is 18885-25.
Correspondence Information (proposed):
      Kristen Mollnow Walsh
      PRIMARY EMAIL FOR CORRESPONDENCE: nytm@nixonpeabody.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): kwalsh@nixonpeabody.com

The docket/reference number is 18885-25.

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: /kristenmwalsh/      Date: 01/25/2023
Signatory's Name: Kristen M. Walsh
Signatory's Position: Attorney of Record
Signatory's Phone Number: 585-263-1065

Signature method: Signed directly within the form

Response Signature
Signature: /kristenmwalsh/     Date: 01/25/2023
Signatory's Name: Kristen Mollnow Walsh
Signatory's Position: Attorney of Record

Signatory's Phone Number: 585-263-1065 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:    Kristen Mollnow Walsh
   NIXON PEABODY LLP
   
   1300 CLINTON SQUARE
   ROCHESTER, New York 14604
Mailing Address:    Kristen Mollnow Walsh
   NIXON PEABODY LLP
   1300 CLINTON SQUARE
   ROCHESTER, New York 14604
        
Serial Number: 97274264
Internet Transmission Date: Wed Jan 25 15:29:21 ET 2023
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-202301251529213905
24-97274264-850e1fbb0e51b1caf91569dbc628
ece0dfa17cdf3edf3aca92f829c8dca5ba4a1-N/
A-N/A-20230125152534184170



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