Response to Office Action

WIX

WIX.COM LTD.

Response to Office Action

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 09/20/2020)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 79197633
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK http://uspto.report/TM/79197633/mark.png
LITERAL ELEMENT WIX
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 (009)(no change)
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Promoting the goods and services of others; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; billing services; e-Billing, namely, electronic billing services; Operating telephone call centers for others
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Promoting the goods and services of others; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; Operating telephone call centers for others; billing services; e-Billing, namely, electronic billing services
FINAL DESCRIPTION
E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; Operating telephone call centers for others
GOODS AND/OR SERVICES SECTION (036)(current)
INTERNATIONAL CLASS 036
DESCRIPTION
Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; Bill payment services
GOODS AND/OR SERVICES SECTION (036)(proposed)
INTERNATIONAL CLASS 036
TRACKED TEXT DESCRIPTION
Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; Bill payment services; all the foregoing excluding calculating market volatility and providing information regarding the trading of financial instruments through electronic and print media
FINAL DESCRIPTION
Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; all the foregoing excluding calculating market volatility and providing information regarding the trading of financial instruments through electronic and print media
GOODS AND/OR SERVICES SECTION (038)(no change)
GOODS AND/OR SERVICES SECTION (039)(no change)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
: Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problems
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
: Providing temporary use of on-line, non-downloadable software for event scheduling; Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problems
FINAL DESCRIPTION
Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problems
GOODS AND/OR SERVICES SECTION (043)(current)
INTERNATIONAL CLASS 043
DESCRIPTION
: Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison information
GOODS AND/OR SERVICES SECTION (043)(proposed)
INTERNATIONAL CLASS 043
TRACKED TEXT DESCRIPTION
: Making accommodation reservations and bookings for others; Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison information
FINAL DESCRIPTION
Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison information
SIGNATURE SECTION
RESPONSE SIGNATURE /TE/
SIGNATORY'S NAME Avital (Tally) Eitan
SIGNATORY'S POSITION Attorney of record, CA State Bar no. 129,566
DATE SIGNED 08/19/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Sun Aug 19 09:39:39 EDT 2018
TEAS STAMP USPTO/ROA-XXX.XXX.XXX.XX-
20180819093939534877-7919
7633-610d63b2533798b75010
b15bc19add6d6e1e823ddc7d9
8b3bbbdce5d44b8884b2-N/A-
N/A-20180819093440160023



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 09/20/2020)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 79197633 WIX(Standard Characters, see http://uspto.report/TM/79197633/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Promoting the goods and services of others; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; billing services; e-Billing, namely, electronic billing services; Operating telephone call centers for others
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Promoting the goods and services of others; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; Operating telephone call centers for others; billing services; e-Billing, namely, electronic billing servicesClass 035 for E-commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes; E-commerce services, namely, advertising, marketing and promotion services provided via the Internet related to the goods and services of a wide variety of industries for the purpose of facilitating partnerships between affiliates and merchants in connection with marketing campaigns and e-commerce transactions for business purposes; E-commerce services, namely, business management consulting regarding business strategies for the creation and management of online stores and the conducting of business on computer e-commerce software platforms; Operating on-line marketplaces for sellers and buyers of goods and/or services; providing consumer information in the form of comments, ratings, reviews, referrals, recommendations, videos, photos, images, notes and blog entries discussing prices, compilations, rankings, ratings, reviews, referrals, contact information, recommendations, deals, special offers, discounts and coupons in the fields of companies and businesses, products and/or services, venues of all kinds, music events and performances, theatre and sporting events and cultural events, hotels and accommodations, via global computer and communications networks and mobile applications; Providing product ratings of the consumer goods of others in the field of food, beverages, restaurants, travel, hotels, resorts, through a website; Operating telephone call centers for others

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; Bill payment services
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; Bill payment services; all the foregoing excluding calculating market volatility and providing information regarding the trading of financial instruments through electronic and print mediaClass 036 for Financial services, namely, payment processing services in the field of electronic funds transfer, clearing and reconciling financial transactions; Payment processing, namely, processing of credit card payments, processing of debit card payments; Mobile payment services, namely, processing of credit card and debit card payments initiated via mobile electronic devices; Financial services, namely, credit services in the nature of processing of credit card payments, credit bureau services, business credit verification services; all the foregoing excluding calculating market volatility and providing information regarding the trading of financial instruments through electronic and print media

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for : Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problems
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: : Providing temporary use of on-line, non-downloadable software for event scheduling; Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problemsClass 042 for Providing temporary use of on-line, non-downloadable software for event scheduling; Software support services, namely, technical support services in the nature of troubleshooting of computer software problems; Technical support services, namely, troubleshooting of computer software problems; providing non-downloadable computer application software enabling management of online waitlists in restaurants, reservations and customer loyalty programs; Hosting the websites of others on the Internet, with said websites featuring non-downloadable blog postings and non-downloadable digital publications; Platform as a service (PAAS) featuring computer software platforms for hosting an interactive websites that allow users to build an interactive marketplace; E-support services in the nature of computer software support services, namely, diagnosis and repair of computer software problems

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 043 for : Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison information
Original Filing Basis:
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Proposed:
Tracked Text Description: : Making accommodation reservations and bookings for others; Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison informationClass 043 for Making accommodation reservations and bookings for others; Providing personalized information about hotels and temporary accommodations for travel; providing on-line reviews of hotels; Consulting in the field of making hotel reservations for others; Making reservations and bookings for others for restaurants and meals; Making reservations and bookings for others for accommodations at hotels and resorts; On-line provision of information relating to restaurants and hotels, namely, restaurant information services and information about hotel accommodations, not including hotel rate comparison information

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

SIGNATURE(S)
Response Signature
Signature: /TE/     Date: 08/19/2018
Signatory's Name: Avital (Tally) Eitan
Signatory's Position: Attorney of record, CA State Bar no. 129,566

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: 79197633
Internet Transmission Date: Sun Aug 19 09:39:39 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201808190939395
34877-79197633-610d63b2533798b75010b15bc
19add6d6e1e823ddc7d98b3bbbdce5d44b8884b2
-N/A-N/A-20180819093440160023



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