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 07/31/2017)
`
`Response to Office Action
`
`Input Field
`
`SERIAL NUMBER
`
`LAW OFFICE ASSIGNED
`
`MARK SECTION
`
`MARK
`
`LITERAL ELEMENT
`
`STANDARD CHARACTERS
`
`USPTO-GENERATED IMAGE
`
`MARK STATEMENT
`
`ARGUMENT(S)
`
`The table below presents the data as entered.
`
`Entered
`
`86534471
`
`LAW OFFICE 114
`
`http://tmng-al.uspto.gov/resting2/api/img/86534471/large
`
`RENTAWEEK
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Applicant, by counsel, respectfully disagrees with the examining attorney's refusal in this matter. The mark at issue is not merely descriptive of
`the product in that it creates a separate and distinct commercial impression. Applicant respectfully requests that the examining attorney
`withdraw the instant refusal and approve the mark for publication,or allow the applicant to appeal.
`
`GOODS AND/OR SERVICES SECTION (current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`042
`
`Computer services, namely, creating an on-line community for registered users to list for sale or to rent their time share interests
`
`FILING BASIS
`
`GOODS AND/OR SERVICES SECTION (proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`Section 1(b)
`
`042
`
`Computer services, namely, creating an on-line community for registered users to list for sale or to rent their time share interests; Vacation
`real estate timeshare services; Hotel services; Making hotel reservations for others; Resort hotel services.
`
`FINAL(cid:160)DESCRIPTION
`
`Vacation real estate timeshare services; Hotel services; Making hotel reservations for others; Resort hotel services.
`
`FILING BASIS
`
`SIGNATURE SECTION
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`Section 1(b)
`
`/Matthew H. Swyers/
`
`Matthew H. Swyers
`
`Attorney of Record, Member of the Virginia State Bar
`
`SIGNATORY'S PHONE NUMBER
`
`800-906-8626 x 100
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`12/29/2015
`
`YES
`
`

`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`Tue Dec 29 15:12:45 EST 2015
`
`USPTO/ROA-XX.XXX.XX.XXX-2
`0151229151245713410-86534
`471-550f62132ce566668f93e
`d85873581fae342c383ea84ba
`bbf7d6fce8a788aa8a0b3-N/A
`-N/A-20151229135854469090
`
`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 07/31/2017)
`
`To the Commissioner for Trademarks:
`
`Response to Office Action
`
`Application serial no. 86534471(cid:160)RENTAWEEK(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86534471/large) has been
`amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Applicant, by counsel, respectfully disagrees with the examining attorney's refusal in this matter. The mark at issue is not merely descriptive of
`the product in that it creates a separate and distinct commercial impression. Applicant respectfully requests that the examining attorney withdraw
`the instant refusal and approve the mark for publication,or allow the applicant to appeal.
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 042 for Computer services, namely, creating an on-line community for registered users to list for sale or to rent their time share
`interests
`Original Filing Basis:
`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: Computer services, namely, creating an on-line community for registered users to list for sale or to rent their time
`share interests; Vacation real estate timeshare services; Hotel services; Making hotel reservations for others; Resort hotel services.
`
`Class 042 for Vacation real estate timeshare services; Hotel services; Making hotel reservations for others; Resort hotel services.
`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.
`
`SIGNATURE(S)
`Response Signature
`Signature: /Matthew H. Swyers/(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)Date: 12/29/2015
`Signatory's Name: Matthew H. Swyers
`Signatory's Position: Attorney of Record, Member of the Virginia State Bar
`
`Signatory's Phone Number: 800-906-8626 x 100
`
`The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which
`includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent
`not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is
`concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior
`representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's
`appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.
`
`Serial Number: 86534471
`Internet Transmission Date: Tue Dec 29 15:12:45 EST 2015
`TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2015122915124571
`3410-86534471-550f62132ce566668f93ed8587
`3581fae342c383ea84babbf7d6fce8a788aa8a0b
`3-N/A-N/A-20151229135854469090
`
`(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)(cid:160)