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 NUMBER97224219
LAW OFFICE ASSIGNEDLAW OFFICE 106
MARK SECTION
MARK mark
LITERAL ELEMENT THE ATLANTIC CLUB
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS036
DESCRIPTION
Providing an Internet website portal offering information in the fields of real estate concerning the purchase and sale of new and resale of homes and condos; Real estate services, namely, condominium management services; Renting of apartments
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/31/2022
        FIRST USE IN COMMERCE DATE At least as early as 05/31/2022
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS036
DESCRIPTION
Providing an Internet website portal offering information in the fields of real estate concerning the purchase and sale of new and resale of homes and condos; Real estate services, namely, condominium management services; Renting of apartments
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/31/2022
       FIRST USE IN COMMERCE DATE At least as early as 05/31/2022
       STATEMENT TYPE "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].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT18\IMAGEOUT 18\972\242\97224219\xml7 \ ROA0002.JPG
       SPECIMEN DESCRIPTIONJpeg file of Banner used to adevertise and promote the renting and selling apartments by showing photograph of Applicant's property, and a phone number and web site address. Please scroll to the right horizontally to see the full specimen
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use CLUB apart from the mark as shown.
MISCELLANEOUS STATEMENT A substitute specimen is provided and verified as required. Also, the required disclaimer is included. Since no conflicting earlier marks were cited, this application can proceed to publication, and such action is respectfully requested.
ATTORNEY INFORMATION (current)
NAMEJoseph Sutton
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMESUTTON IP ASSOCIATES, P.A.
STREET900 ROUTE 9, SUITE 201
CITYWOODBRIDGE
STATENew Jersey
POSTAL CODE07095
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE732-634-3520
EMAILtrademarks@ezrasutton.com
DOCKET/REFERENCE NUMBERSurrey006
ATTORNEY INFORMATION (proposed)
NAMEJoseph Sutton
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAMESUTTON IP ASSOCIATES, P.A.
INTERNAL ADDRESS11th Floor
STREET15 West 37th St.
CITYNew York
STATENew York
POSTAL CODE10018
COUNTRY/REGION/JURISDICTION/U.S. TERRITORYUnited States
PHONE732-634-3520
EMAILtrademarks@ezrasutton.com
DOCKET/REFERENCE NUMBERSurrey006
OTHER APPOINTED ATTORNEYAnthony Morano
CORRESPONDENCE INFORMATION (current)
NAMEJoseph Sutton
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@ezrasutton.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)jsutton@ezrasutton.com
DOCKET/REFERENCE NUMBERSurrey006
CORRESPONDENCE INFORMATION (proposed)
NAMEJoseph Sutton
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCEtrademarks@ezrasutton.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES)jsutton@ezrasutton.com
DOCKET/REFERENCE NUMBERSurrey006
SIGNATURE SECTION
DECLARATION SIGNATURE /JS/
SIGNATORY'S NAME Joseph E Sutton
SIGNATORY'S POSITION Atty of record, NJ Bar member
SIGNATORY'S PHONE NUMBER 7326343520
DATE SIGNED 11/07/2022
SIGNATURE METHOD Signed directly within the form
RESPONSE SIGNATURE/JS/
SIGNATORY'S NAME Joseph E. Sutton
SIGNATORY'S POSITION Atty. of record, NJ Bar member
SIGNATORY'S PHONE NUMBER 7326343520
DATE SIGNED 11/07/2022
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 07 16:08:36 ET 2022
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0221107160836901769-97224
219-800135833a3ae17479d9c
bb2fa2cd395d79dee195438f2
fb311d9852a4f5aa698-N/A-N
/A-20221107160543067215



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. 97224219 THE ATLANTIC CLUB(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/97224219/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 036 for Providing an Internet website portal offering information in the fields of real estate concerning the purchase and sale of new and resale of homes and condos; Real estate services, namely, condominium management services; Renting of apartments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2022 and first used in commerce at least as early as 05/31/2022 , and is now in use in such commerce.


Proposed:
Class 036 for Providing an Internet website portal offering information in the fields of real estate concerning the purchase and sale of new and resale of homes and condos; Real estate services, namely, condominium management services; Renting of apartments
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/31/2022 and first used in commerce at least as early as 05/31/2022 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 036. The specimen(s) submitted consists of Jpeg file of Banner used to adevertise and promote the renting and selling apartments by showing photograph of Applicant's property, and a phone number and web site address. Please scroll to the right horizontally to see the full specimen.
"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].
Specimen File1



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

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CLUB apart from the mark as shown.


Miscellaneous Statement
A substitute specimen is provided and verified as required. Also, the required disclaimer is included. Since no conflicting earlier marks were cited, this application can proceed to publication, and such action is respectfully requested.


The owner's/holder's current attorney information: Joseph Sutton. Joseph Sutton of SUTTON IP ASSOCIATES, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      900 ROUTE 9, SUITE 201
      WOODBRIDGE, New Jersey 07095
      United States
The docket/reference number is Surrey006.
      The phone number is 732-634-3520.
      The email address is trademarks@ezrasutton.com

The owner's/holder's proposed attorney information: Joseph Sutton. Other appointed attorneys are Anthony Morano. Joseph Sutton of SUTTON IP ASSOCIATES, P.A., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      11th Floor
      15 West 37th St.
      New York, New York 10018
      United States
The docket/reference number is Surrey006.
      The phone number is 732-634-3520.
      The email address is trademarks@ezrasutton.com

Joseph Sutton submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

Correspondence Information (current):
      Joseph Sutton
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@ezrasutton.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsutton@ezrasutton.com

The docket/reference number is Surrey006.

Correspondence Information (proposed):
      Joseph Sutton
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@ezrasutton.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jsutton@ezrasutton.com

The docket/reference number is Surrey006.

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: /JS/      Date: 11/07/2022
Signatory's Name: Joseph E Sutton
Signatory's Position: Atty of record, NJ Bar member
Signatory's Phone Number: 7326343520

Signature method: Signed directly within the form

Response Signature
Signature: /JS/     Date: 11/07/2022
Signatory's Name: Joseph E. Sutton
Signatory's Position: Atty. of record, NJ Bar member

Signatory's Phone Number: 7326343520 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:    Joseph Sutton
   SUTTON IP ASSOCIATES, P.A.
   
   900 ROUTE 9, SUITE 201
   WOODBRIDGE, New Jersey 07095
Mailing Address:    Joseph Sutton
   SUTTON IP ASSOCIATES, P.A.
   11th Floor
   15 West 37th St.
   New York, New York 10018
        
Serial Number: 97224219
Internet Transmission Date: Mon Nov 07 16:08:36 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2022110716083690
1769-97224219-800135833a3ae17479d9cbb2fa
2cd395d79dee195438f2fb311d9852a4f5aa698-
N/A-N/A-20221107160543067215