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 07/31/2017)

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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

To the Commissioner for Trademarks:

Application serial no. 86559561 BEST (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86559561/large) 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 Providing a web site wherein categories of products and services are rated and compared based on business elements of value to the consumer such as but not limited to: price, warranty, company size, offering size, fees, contracts, time in business, better business bureau rating, number of consumer reviews, wherein the data from rankings by consumer and expert users reviews, is compiled, analyzed, and transferred into a score of 1 out of 10; curation of third-party content
Original Filing Basis:
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 03/05/2015 and first used in commerce at least as early as 03/05/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing a web site wherein categories of products and services are rated and compared based on business elements of value to the consumer such as but not limited to: price, warranty, company size, offering size, fees, contracts, time in business, better business bureau rating, number of consumer reviews, wherein the data from rankings by consumer and expert users reviews, is compiled, analyzed, and transferred into a score of 1 out of 10; Providing a web site featuring product ratings and reviews of consumer goods and services of others in the field of business, such as BUSINESS, such as Affiliate Marketing, Airlines, Android Backups, Background Checks, Business Registration, Career, Certification, Car Rental, Computer Backup, DNS Services, Domain Registrars, Dropship Services, Ecommerce Platforms, Email Marketing, Freelance Sites, HR Software, Job Search, Live Chat Software, Logo Design, Mobile Credit Card Readers, Multi-level Marketing, Online Fax, Online Training, People Search, Press Release Dist., Project Mgmt Software, SEO Agencies, Social Media, SSL Certificates, Staffing Agencies, Travel Sites, VPN, Web Conferencing, Web Hosting, Website Builders; curation of third-party content; FINANCE, such as Auto Insurance, Banks, Business Loans, Car Loans, Car Warranty, Credit Cards, Credit Monitoring, Credit Repair, Credit Unions, Crowd Funding, Debt Consolidation, Debt Settlement, Expense Tracking, Health Insurance, Healthcare Finance, Home Loans, Hotel Booking, Identity Theft, Life Insurance, Merchant Accounts, Mobile Wallet, Online Banks, Online Legal Services, Online Trading, Payday Loans, Personal Finance, Personal Loans, Pet Insurance, Student Debt, Tax Preparation, Tax Debt Relief, Travel Agencies, Vacation Rentals; HOME, such as Adoption Agencies, Car Sharing, Emergency Prep, Flower Delivery, Genealogy, Home Automation, Home/Furniture Stores, Home Security, Home Security Cameras, Hotels, ISPs, Meal Plans, Medical Alert Systems, Pest Control, Pet Stores, Real Estate Agencies, Real Estate Search, Recipe Sites, Satellite Internet, Satellite TV, Shopping Engines, Solar, Streaming TV, VOIP; and MISCELLANEOUS, such as Alcohol Rehab, Antivirus, Audiobooks, Baby Stores, Car Finders, Cell Phone Providers, Charities, Children's Clothing, Clothing Stores, Computer Stores, Cruise Lines, Deal Sites, Drug Rehab, Event Ticketing, Fantasy Football, Fitness Centers, Fitness Programs, Fitness Trackers, Gift Baskets, Guns and Ammo, Makeup Stores, Mobile Antivirus, Online Auctions, Online Bookstores, Online Colleges, Online Dating, Online Vitamin Stores, Photo Sharing, Sports Apparel, Streaming Music, Wedding Planning; based on data from rankings by consumer and expert users reviews; Curation of third-party content, namely, preparing independent reviews based on a composite of weighted factors including consumer reviews from verified users, expert reviews and objective market indicatorsClass 035 for Providing a web site featuring product ratings and reviews of consumer goods and services of others in the field of business, such as BUSINESS, such as Affiliate Marketing, Airlines, Android Backups, Background Checks, Business Registration, Career, Certification, Car Rental, Computer Backup, DNS Services, Domain Registrars, Dropship Services, Ecommerce Platforms, Email Marketing, Freelance Sites, HR Software, Job Search, Live Chat Software, Logo Design, Mobile Credit Card Readers, Multi-level Marketing, Online Fax, Online Training, People Search, Press Release Dist., Project Mgmt Software, SEO Agencies, Social Media, SSL Certificates, Staffing Agencies, Travel Sites, VPN, Web Conferencing, Web Hosting, Website Builders; FINANCE, such as Auto Insurance, Banks, Business Loans, Car Loans, Car Warranty, Credit Cards, Credit Monitoring, Credit Repair, Credit Unions, Crowd Funding, Debt Consolidation, Debt Settlement, Expense Tracking, Health Insurance, Healthcare Finance, Home Loans, Hotel Booking, Identity Theft, Life Insurance, Merchant Accounts, Mobile Wallet, Online Banks, Online Legal Services, Online Trading, Payday Loans, Personal Finance, Personal Loans, Pet Insurance, Student Debt, Tax Preparation, Tax Debt Relief, Travel Agencies, Vacation Rentals; HOME, such as Adoption Agencies, Car Sharing, Emergency Prep, Flower Delivery, Genealogy, Home Automation, Home/Furniture Stores, Home Security, Home Security Cameras, Hotels, ISPs, Meal Plans, Medical Alert Systems, Pest Control, Pet Stores, Real Estate Agencies, Real Estate Search, Recipe Sites, Satellite Internet, Satellite TV, Shopping Engines, Solar, Streaming TV, VOIP; and MISCELLANEOUS, such as Alcohol Rehab, Antivirus, Audiobooks, Baby Stores, Car Finders, Cell Phone Providers, Charities, Children's Clothing, Clothing Stores, Computer Stores, Cruise Lines, Deal Sites, Drug Rehab, Event Ticketing, Fantasy Football, Fitness Centers, Fitness Programs, Fitness Trackers, Gift Baskets, Guns and Ammo, Makeup Stores, Mobile Antivirus, Online Auctions, Online Bookstores, Online Colleges, Online Dating, Online Vitamin Stores, Photo Sharing, Sports Apparel, Streaming Music, Wedding Planning; based on data from rankings by consumer and expert users reviews; Curation of third-party content, namely, preparing independent reviews based on a composite of weighted factors including consumer reviews from verified users, expert reviews and objective market indicators
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 03/05/2015 and first used in commerce at least as early as 03/05/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use BEST apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Dax D. Anderson/     Date: 12/14/2015
Signatory's Name: Dax D. Anderson
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: (801) 328-3600

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: 86559561
Internet Transmission Date: Mon Dec 14 19:12:42 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201512141912421
48655-86559561-550d6d8f9a9de878fedc41a3c
82bb71f51ad3b3e928a6c1628f33881e9631733c
-N/A-N/A-20151214191059523757