IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
RESPONSE TO OFFICE ACTION
Applicant responds to the Office Action identified above as follows.
Mark: BRANDER GROUP Serial No.: 99370349 Office Action of: 2026-02-04 (NFIN20260204173703)
Amendment to the Identification of Goods/Services
Applicant thanks the examining attorney for the detailed review of the identification and for providing suggested substitute wording. Applicant adopts the examining attorney's suggested identification and classification in full, verbatim. Applicant amends the identification of goods/services to read as follows:
- International Class 35: Business planning and consulting services in the field of information technology equipment implementation and the sale or purchase of information technology equipment.
- International Class 36: Brokerage in the field of Internet Protocol version 4 (IPv4) address space, internet connectivity technology, cloud computing services, network infrastructure, data center technology, information technology (IT) equipment, and network security technology.
- International Class 42: Technological planning and consulting services in the field of Internet Protocol version 4 (IPv4) address space, internet connectivity, cloud computing services, network infrastructure, data centers, information technology (IT), and computer network security.
This amendment tracks the examining attorney's suggested language exactly as set forth in the Office Action. It specifies the goods and services featured in the brokerage services, clarifies the nature of the technological planning and consulting services, and deletes the wording "information technology equipment sales," which the Office Action identified as unacceptable in Classes 36 and 42. The amendment clarifies and limits the services and does not broaden or expand them beyond the scope of the original identification. 37 C.F.R. §2.71(a); TMEP §§1402.01, 1402.06. [APPLICANT TO CONFIRM: that the amended wording in each class, including the Class 35 business planning and consulting wording, accurately describes the services actually rendered under the mark as of the application filing date.]
Because the amended identification places the services in three international classes, Applicant also complies with the multiple-class application requirements for an application under Section 1(a). See 37 C.F.R. §2.86(a); TMEP §§1403.01, 1403.02(c). Specifically:
- The services are listed by international class number in consecutive numerical order, beginning with the lowest numbered class, as set forth above.
- Applicant submits herewith the application filing fee for the one additional international class (Class 35) not covered by the fees previously paid.
- Applicant submits verified dates of first use of the mark anywhere and in commerce for each international class, as follows: Class 35 — [APPLICANT TO CONFIRM: date of first use anywhere and date of first use in commerce]; Class 36 — [APPLICANT TO CONFIRM: date of first use anywhere and date of first use in commerce]; Class 42 — [APPLICANT TO CONFIRM: date of first use anywhere and date of first use in commerce]. These dates are verified in the signed declaration accompanying this response.
- The Office Action states that the current specimen is acceptable for Classes 35, 36, and 42. Accordingly, no substitute or additional specimen is required, and Applicant relies on the specimen of record for each class.
- Applicant submits the following verified statement in the declaration accompanying this response: "The specimen was in use in commerce on or in connection with the goods and/or services listed in the application at least as early as the filing date of the application." See 37 C.F.R. §2.20.
Applicant submits that the amended identification is definite, accurate, and properly classified, and respectfully requests that this requirement be withdrawn.
Multiple-Class Application Requirements — Strategy Outline (Not Automated)
The Office Action sets out multiple-class application requirements (per-class fees, classified identification, and per-class specimens or other basis elements).
The cure is administrative: pay the additional class fees and satisfy each per-class requirement, or delete classes.
Drafting for this refusal type is not automated yet. The outline above identifies the issue and the standard strategic options; the substantive response must be prepared by the reviewing attorney.
Domicile Address Unacceptable — Additional Issue Flagged (Not Automated)
The Office Action also raises the following issue: Domicile Address Unacceptable.
Office Action passage: "the domicile address of record is for a U.S. third-party commercial mail receiving agency"
Strategy outline (suggested by the automated cross-check; verify before relying on it): - Provide the corporation's actual headquarters street address (where senior executives direct and control activities) in the hidden Domicile Address field - If the applicant has no fixed physical address, provide the full name, title, and home street address of an officer with legal authority to bind the applicant - In an extraordinary situation, file a petition to the Director to waive the requirement, and in the Office action response note the petition and request suspension pending its disposition - If an individual's domicile outside the U.S. is used, confirm U.S.-licensed counsel remains appointed (already satisfied here)
This issue was flagged by an automated LLM cross-check of the Office Action text; the deterministic issue detector did not classify it. Drafting for it is not automated. Verify the issue against the Office Action and prepare the substantive response manually.
Conclusion
For the foregoing reasons, applicant respectfully requests that the refusal(s) be withdrawn, the requirement(s) be deemed satisfied, and the application be approved for publication.
Respectfully submitted, [ATTORNEY NAME] [FIRM] [DATE] Attorney for Applicant