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
`
`86781062
`
`LAW OFFICE 107
`
`http://tmng-al.uspto.gov/resting2/api/img/86781062/large
`
`MIAMICENTRAL
`
`YES
`
`YES
`
`The mark consists of standard characters, without claim to any particular font style,
`size or color.
`
`Applicant has accepted the Examiner's suggestions for the identification of services for the most part.  It is submitted the revised description
`should be sufficiently definite for registration.
`
`Applicant would like to bring to Examiner's attention that the use cited (http://www.micdot.com/miami_central_station.html
`) is not by the Applicant. Miami Intermodal Center is an unrelated company that has agreed to not use
`"Miami Central" and will be phasing out their use of Miami Central. Applicant would like to direct
`Examiner's attention to Applicant's website (http://www.allaboardflorida.com/stations/miami-central) for Applicant's services.
`
`Examiner has initially refused registration of the mark MIAMICENTRAL as primarily geographically descriptive. Applicant respectfully
`disagrees and submits that MIAMICENTRAL is not primarily geographically descriptive for the following reasons:
`
` A
`
` composite mark should not be dissected into its various pieces. A composite geographical mark should not be dissected into its parts to
`determine whether it is primarily geographic or not. It is the likely reaction of customers to the total mark that is at issue. A composite mark
`must be considered in its entirety. J. McCarthy, McCarthy on Trademarks, §14:11, at 14-44 (Rel. #74, 6/15), citing Estate of P.D. Beckwith,
`Inc., 252 U.S. 538 (S. Ct. 1820) and In re Standard Elektrik Lorenz Aktiengesellschaft, 152 U.S.P.Q. 563 (C.C.P.A. 1967). Therefore,
`MIAMICENTRAL in its entirety must be tested for validity and distinctiveness.
`
`Examiner found the addition of “central” to be inadequate at diminishing Miami’s primary geographic significance, on the basis that
`“central” was descriptive. However, “central” as used the in mark is, at most, suggestive. Thus the composite mark MIAMICENTRAL is
`distinctive and suitable for registration.
`
`To be deemed merely descriptive, a mark must directly provide the consumer with reasonably accurate knowledge of the characteristics of the
`product or service in connection with which it is used. If information about the product or service is indirect or vague, then the mark is
`considered suggestive, not descriptive. J. McCarthy, McCarthy on Trademarks, § 11:19, at 11-43 (Rel. #74, 6/15). See also TMEP §
`1209.01(a) ("a suggestive term differs from a descriptive term, which immediately tells something about the goods or services"). Marks which
`require imagination, thought or perception are suggestive, and inherently distinctive. In re Nett Designs, 57 U.S.P.Q. 1564 (Fed. Cir. 2001).
`
`The dictionary definition of “central” as relied upon by Examiner is, “a center or hub for a specified activity or group ,” (emphasis in bold
`added). This definition does not directly and immediately detail what such a location would entail or provide. “Central” could be a center or
`hub for a number of things. Consumers would require more information or context to arrive at the nature of the services provided by the
`Applicant. Broad terms which include many categories of goods are not merely descriptive. In re Hutchinson Technology Inc., 7 U.S.P.Q.2d
`1490, 1492 (Fed. Cir. 1988). MIAMICENTRAL could refer to a number of plausible and distinct services, not all of which correspond to
`Applicant’s services. Without further perception, a consumer is not informed of the nature of the Applicant’s services by the mark alone.
`Thus, imagination, thought, or perception is required to react a conclusion on the nature of the goods or services.
`
` 
` 
` 
` 
` 
`

`

`Third party registrations may support that a designation is not descriptive. The following third party registrations utilize “central” in
`combination with geographically descriptive, descriptive, or generic terms describing or related to the goods and services provided, including
`railroad transportation and real estate leasing services. Among the registration are also both examples of the use of the word “central” from
`the dictionary entry cited. In addition, none of the cited marks have a disclaimer of “central”, further supporting the non-descriptiveness of
`central, even when used in combination with descriptive or generic terms which are disclaimed.
`
`1. BOSTON CENTRAL (Reg. No. 3653927) for “Providing family friendly information resources in the field of entertainment, recreation and
`parenting concerning the education of children, via a website” in international class 41. “Boston” is disclaimed.
`2. LAS VEGAS CENTRAL (Reg. No. 3020469) for “"Real estate brokerage; leasing of residential and commercial real estate" in international
`class 35 and "Real estate development and residential and commercial building construction " in international class 37. “Las Vegas” is
`disclaimed.  (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`3. REALTY CENTRAL (Reg. No. 3180493) for “Assessment and management of real estate; Evaluation of real property; Financial valuation
`of personal property and real estate; Land acquisition, namely, real estate brokerage; Leasing of real estate; Leasing of real property; Providing
`information in the field of real estate by means of linking the web site to other web sites featuring real estate information; Real estate
`brokerage; Real estate consultation” in international class 36. “Realty” is disclaimed.
`4. GRAND CENTRAL TERMINAL (Reg. No. 2417277) for "Leasing of retail space, real estate management and retail mall management
`services" in international class 36, "Railroad transportation services and operation of a railroad terminal " in international class 39, and
`"Providing facilities and space for exhibitions, festivals and concerts " in international class 41. “Terminal” is disclaimed.
`5. ONE GRAND CENTRAL PLACE (Reg. No. 4798459) for “managing and operating a business conference center for others " in
`international class 35, "real estate services, namely, leasing and management of commercial property, offices and office space; leasing of retail
`stores, banking facilities and restaurants " in international class 36, and "messenger services" in international class 39. No disclaimer.
`6. CENTRAL STATION (Reg. No. 1656998) for “shopping center services; residential and commercial real estate management services” in
`international class 36. No disclaimer. (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`7. PARTY CENTRAL (Reg. No. 3769671) for “ Cooperative advertising and marketing in the field of party equipment and supplies; Retail
`store services in the field of party equipment and supplies” in international class 35 and “Rental of food service and party equipment” in
`international class 43. “Party” is disclaimed.
`8. KID CENTRAL (Reg. No. 2984487) for "Nursery and child day care centers and associated child care services " in international class
`43.   “Kid” is disclaimed. (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`9. MATTRESS CENTRAL (Reg. No. 4001549 ) for “ retail store services featuring mattresses” in international class 35. “Mattress” is
`disclaimed.
`
`(See Exhibit A attached hereto).
`
`Finally, any doubt as to whether a mark is merely descriptive or suggestive must be resolved in favor of the Applicant. In re Conductive
`Systems, Inc., 200 U.S.P.Q. 84, 86 (TTAB 1983); In re Merrill Lynch, Pierce, Fenner & Smith, Inc., 828 F.2d 1567, 1571 (Fed. Cir. 1987).
`
`EVIDENCE SECTION
`
`        EVIDENCE FILE NAME(S)
`
`       ORIGINAL PDF FILE
`
`       CONVERTED PDF FILE(S)
`       (9 pages)
`
`evi_3898140130-20160505135827404037_._ExhibitA.pdf
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0002.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0003.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0004.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0005.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0006.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0007.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0008.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0009.JPG
`
`\\TICRS\EXPORT16\IMAGEOUT16\867\810\86781062\xml5\ROA0010.JPG
`
`DESCRIPTION OF EVIDENCE FILE
`
`Exhibit A: Nine third party registrations referenced in argument.
`
`GOODS AND/OR SERVICES SECTION (036)(current)
`
`INTERNATIONAL CLASS
`
`036
`
` 
` 
` 
` 
`       
`       
`       
`       
`       
`       
`       
`       
`

`

`DESCRIPTION
`
`leasing of retail space, real estate management and retail management services in a transportation terminal; leasing of office space and of
`residential units
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (036)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`036
`
`leasing of retail space, real estate management and retail management services in a transportation terminal; leasing of retail office space;
`leasing of retail store space and retail restaurant space; real estate management and real estate leasing and management of commercial retail
`property; leasing of office space and of residential units
`
`FINAL DESCRIPTION
`
`leasing of retail office space; leasing of retail store space and retail restaurant space; real estate management and real estate leasing and
`management of commercial retail property; leasing of office space and of residential units
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (039)(current)
`
`INTERNATIONAL CLASS
`
`DESCRIPTION
`
`039
`
`railroad transportation services and operation of a transportation terminal
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (039)(proposed)
`
`INTERNATIONAL CLASS
`
`TRACKED TEXT DESCRIPTION
`
`039
`
`railroad transportation services and operation of a transportation terminal; railroad transportation services and providing transport by rail from
`a transportation terminal
`
`FINAL DESCRIPTION
`
`railroad transportation services and providing transport by rail from a transportation terminal
`
`FILING BASIS
`
`Section 1(b)
`
`GOODS AND/OR SERVICES SECTION (035)(class added)
`
`INTERNATIONAL CLASS
`
`035
`
`DESCRIPTION
`
`FILING BASIS
`
`PAYMENT SECTION
`
`NUMBER OF CLASSES
`
`APPLICATION FOR REGISTRATION PER CLASS
`
`TOTAL FEES DUE
`
`SIGNATURE SECTION
`
`DECLARATION SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`business operation of transportation terminal for others
`
`Section 1(b)
`
`1
`
`275
`
`275
`
`/Mark J. Liss/
`
`Mark J. Liss
`
`Attorney of record, IL bar member
`
`SIGNATORY'S PHONE NUMBER
`
`312-616-5639
`
`

`

`DATE SIGNED
`
`RESPONSE SIGNATURE
`
`SIGNATORY'S NAME
`
`SIGNATORY'S POSITION
`
`SIGNATORY'S PHONE NUMBER
`
`DATE SIGNED
`
`AUTHORIZED SIGNATORY
`
`FILING INFORMATION SECTION
`
`SUBMIT DATE
`
`TEAS STAMP
`
`05/06/2016
`
`/Mark J. Liss/
`
`Mark J. Liss
`
`Attorney of record, IL bar member
`
`312-616-5639
`
`05/06/2016
`
`YES
`
`Fri May 06 11:48:13 EDT 2016
`
`USPTO/ROA-XX.XX.XXX.XXX-2
`0160506114813255983-86781
`062-550f1622228b6d7afc036
`40f07d9a998736f8e844cc7a1
`1df8b140adcc96a29e6b-DA-8
`788-20160506110335958860
`
`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. 86781062 MIAMICENTRAL(Standard Characters, see http://tmng-al.uspto.gov/resting2/api/img/86781062/large) has
`been amended as follows:
`
`ARGUMENT(S)
`In response to the substantive refusal(s), please note the following:
`
`Applicant has accepted the Examiner's suggestions for the identification of services for the most part.  It is submitted the revised description
`should be sufficiently definite for registration.
`
`Applicant would like to bring to Examiner's attention that the use cited (http://www.micdot.com/miami_central_station.html
`) is not by the Applicant. Miami Intermodal Center is an unrelated company that has agreed to not use
`"Miami Central" and will be phasing out their use of Miami Central. Applicant would like to direct
`Examiner's attention to Applicant's website (http://www.allaboardflorida.com/stations/miami-central) for Applicant's services.
`
`Examiner has initially refused registration of the mark MIAMICENTRAL as primarily geographically descriptive. Applicant respectfully
`disagrees and submits that MIAMICENTRAL is not primarily geographically descriptive for the following reasons:
`
` A
`
` composite mark should not be dissected into its various pieces. A composite geographical mark should not be dissected into its parts to
`determine whether it is primarily geographic or not. It is the likely reaction of customers to the total mark that is at issue. A composite mark must
`be considered in its entirety. J. McCarthy, McCarthy on Trademarks, §14:11, at 14-44 (Rel. #74, 6/15), citing Estate of P.D. Beckwith, Inc., 252
`U.S. 538 (S. Ct. 1820) and In re Standard Elektrik Lorenz Aktiengesellschaft, 152 U.S.P.Q. 563 (C.C.P.A. 1967). Therefore, MIAMICENTRAL
`in its entirety must be tested for validity and distinctiveness.
`
`Examiner found the addition of “central” to be inadequate at diminishing Miami’s primary geographic significance, on the basis that “central”
`was descriptive. However, “central” as used the in mark is, at most, suggestive. Thus the composite mark MIAMICENTRAL is distinctive and
`suitable for registration.
`
`To be deemed merely descriptive, a mark must directly provide the consumer with reasonably accurate knowledge of the characteristics of the
`
` 
` 
` 
` 
`

`

`product or service in connection with which it is used. If information about the product or service is indirect or vague, then the mark is
`considered suggestive, not descriptive. J. McCarthy, McCarthy on Trademarks, § 11:19, at 11-43 (Rel. #74, 6/15). See also TMEP § 1209.01(a)
`("a suggestive term differs from a descriptive term, which immediately tells something about the goods or services"). Marks which require
`imagination, thought or perception are suggestive, and inherently distinctive. In re Nett Designs, 57 U.S.P.Q. 1564 (Fed. Cir. 2001).
`
`The dictionary definition of “central” as relied upon by Examiner is, “a center or hub for a specified activity or group ,” (emphasis in bold
`added). This definition does not directly and immediately detail what such a location would entail or provide. “Central” could be a center or hub
`for a number of things. Consumers would require more information or context to arrive at the nature of the services provided by the Applicant.
`Broad terms which include many categories of goods are not merely descriptive. In re Hutchinson Technology Inc., 7 U.S.P.Q.2d 1490, 1492
`(Fed. Cir. 1988). MIAMICENTRAL could refer to a number of plausible and distinct services, not all of which correspond to Applicant’s
`services. Without further perception, a consumer is not informed of the nature of the Applicant’s services by the mark alone. Thus, imagination,
`thought, or perception is required to react a conclusion on the nature of the goods or services.
`
`Third party registrations may support that a designation is not descriptive. The following third party registrations utilize “central” in combination
`with geographically descriptive, descriptive, or generic terms describing or related to the goods and services provided, including railroad
`transportation and real estate leasing services. Among the registration are also both examples of the use of the word “central” from the dictionary
`entry cited. In addition, none of the cited marks have a disclaimer of “central”, further supporting the non-descriptiveness of central, even when
`used in combination with descriptive or generic terms which are disclaimed.
`
`1. BOSTON CENTRAL (Reg. No. 3653927) for “Providing family friendly information resources in the field of entertainment, recreation and
`parenting concerning the education of children, via a website” in international class 41. “Boston” is disclaimed.
`2. LAS VEGAS CENTRAL (Reg. No. 3020469) for “"Real estate brokerage; leasing of residential and commercial real estate" in international
`class 35 and "Real estate development and residential and commercial building construction " in international class 37. “Las Vegas” is
`disclaimed.  (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`3. REALTY CENTRAL (Reg. No. 3180493) for “Assessment and management of real estate; Evaluation of real property; Financial valuation of
`personal property and real estate; Land acquisition, namely, real estate brokerage; Leasing of real estate; Leasing of real property; Providing
`information in the field of real estate by means of linking the web site to other web sites featuring real estate information; Real estate brokerage;
`Real estate consultation” in international class 36. “Realty” is disclaimed.
`4. GRAND CENTRAL TERMINAL (Reg. No. 2417277) for "Leasing of retail space, real estate management and retail mall management
`services" in international class 36, "Railroad transportation services and operation of a railroad terminal " in international class 39, and
`"Providing facilities and space for exhibitions, festivals and concerts " in international class 41. “Terminal” is disclaimed.
`5. ONE GRAND CENTRAL PLACE (Reg. No. 4798459) for “managing and operating a business conference center for others " in international
`class 35, "real estate services, namely, leasing and management of commercial property, offices and office space; leasing of retail stores, banking
`facilities and restaurants " in international class 36, and "messenger services" in international class 39. No disclaimer.
`6. CENTRAL STATION (Reg. No. 1656998) for “shopping center services; residential and commercial real estate management services” in
`international class 36. No disclaimer. (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`7. PARTY CENTRAL (Reg. No. 3769671) for “ Cooperative advertising and marketing in the field of party equipment and supplies; Retail store
`services in the field of party equipment and supplies” in international class 35 and “Rental of food service and party equipment” in international
`class 43. “Party” is disclaimed.
`8. KID CENTRAL (Reg. No. 2984487) for "Nursery and child day care centers and associated child care services " in international class
`43.   “Kid” is disclaimed. (Entered onto Principal Register, later cancelled for Section 8 deficiencies.)
`9. MATTRESS CENTRAL (Reg. No. 4001549 ) for “ retail store services featuring mattresses” in international class 35. “Mattress” is
`disclaimed.
`
`(See Exhibit A attached hereto).
`
`Finally, any doubt as to whether a mark is merely descriptive or suggestive must be resolved in favor of the Applicant. In re Conductive
`Systems, Inc., 200 U.S.P.Q. 84, 86 (TTAB 1983); In re Merrill Lynch, Pierce, Fenner & Smith, Inc., 828 F.2d 1567, 1571 (Fed. Cir. 1987).
`
`EVIDENCE
`Evidence in the nature of Exhibit A: Nine third party registrations referenced in argument. has been attached.
`Original PDF file:
`evi_3898140130-20160505135827404037_._ExhibitA.pdf
`Converted PDF file(s) ( 9 pages)
`Evidence-1
`Evidence-2
`Evidence-3
`Evidence-4
`Evidence-5
`Evidence-6
`
` 
` 
` 
` 
` 
`

`

`Evidence-7
`Evidence-8
`Evidence-9
`
`CLASSIFICATION AND LISTING OF GOODS/SERVICES
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 036 for leasing of retail space, real estate management and retail management services in a transportation terminal; leasing of
`office space and of residential units
`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: leasing of retail space, real estate management and retail management services in a transportation terminal; leasing
`of retail office space; leasing of retail store space and retail restaurant space; real estate management and real estate leasing and management of
`commercial retail property; leasing of office space and of residential units
`
`Class 036 for leasing of retail office space; leasing of retail store space and retail restaurant space; real estate management and real estate leasing
`and management of commercial retail property; leasing of office space and of residential units
`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.
`
`Applicant proposes to amend the following class of goods/services in the application:
`Current: Class 039 for railroad transportation services and operation of a transportation terminal
`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: railroad transportation services and operation of a transportation terminal; railroad transportation services and
`providing transport by rail from a transportation terminal
`
`Class 039 for railroad transportation services and providing transport by rail from a transportation terminal
`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.
`
`Applicant hereby adds the following class of goods/services to the application:
`New: Class 035 for business operation of transportation terminal for others
`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.
`
`FEE(S)
`Fee(s) in the amount of $275 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: /Mark J. Liss/      Date: 05/06/2016
`Signatory's Name: Mark J. Liss
`
`

`

`Signatory's Position: Attorney of record, IL bar member
`Signatory's Phone Number: 312-616-5639
`
`Response Signature
`Signature: /Mark J. Liss/     Date: 05/06/2016
`Signatory's Name: Mark J. Liss
`Signatory's Position: Attorney of record, IL bar member
`
`Signatory's Phone Number: 312-616-5639
`
`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