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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
86819998 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
| MARK SECTION |
| MARK |
http://tmng-al.gov.uspto.report/resting2/api/img/86819998/large |
| LITERAL ELEMENT |
MARQETA |
| 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 (035)(current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Providing an on-line website featuring accounting information; Monitoring and tracking credit, debit, and prepaid physical and virtual
cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment transactions for payment and accounting purposes; Business management
consulting services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| GOODS AND/OR SERVICES SECTION (035)(proposed) |
| INTERNATIONAL CLASS |
035 |
| TRACKED TEXT DESCRIPTION |
Providing an on-line website featuring accounting information; Monitoring and
tracking credit, debit, and prepaid physical and virtual cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment transactions for
payment and accounting purposes; Monitoring and tracking credit, debit, and prepaid physical and virtual cards, credit, debit, and prepaid payment codes, credit,
debit, and prepaid payment devices, cash, and other forms of payment transactions for cost accounting purposes; Business management consulting services related to the use by
businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions; Managed
services, namely, customer service in the nature of responding to customer inquiries for others in the field of financial services |
| FINAL DESCRIPTION |
| Providing an on-line website featuring accounting information; Monitoring and tracking credit, debit, and prepaid physical and virtual
cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment transactions for cost accounting purposes; Business management consulting
services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions; Managed services,
namely, customer service in the nature of responding to customer inquiries for others in the field of financial services |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| GOODS AND/OR SERVICES SECTION (036)(current) |
| INTERNATIONAL CLASS |
036 |
| DESCRIPTION |
| Payment processing services, namely, physical and virtual credit, debit, and prepaid card and credit, debit, and prepaid electronic
device transaction processing services; Stored value prepaid card services, namely, processing electronic payments made through physical and virtual prepaid cards; Managed services, namely financial,
dispute and card production, administration, customer service, anti-money laundering and fraud mitigation services, for physical and virtual credit, debit, and prepaid card and other payment
accounts; Financial consulting services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment
transactions |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| GOODS AND/OR SERVICES SECTION (036)(proposed) |
| INTERNATIONAL CLASS |
036 |
| TRACKED TEXT DESCRIPTION |
Payment processing services, namely, physical and virtual credit, debit, and prepaid card and credit, debit, and
prepaid electronic device transaction processing services; Stored value prepaid card services, namely, processing electronic payments made through physical and virtual
prepaid cards; Managed services, namely financial, dispute and card production, administration, customer service, anti-money laundering and fraud mitigation
services, for physical and virtual credit, debit, and prepaid card and other payment accounts; Managed services, namely financial administration of physical and
virtual credit, debit, and prepaid card accounts and other payment accounts; Managed services, namely, fraud mitigation in the nature of fraud reimbursement
services for purchases made with physical and virtual credit, debit, and prepaid card accounts and other payment accounts; Financial consulting services related to the use
by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions |
| FINAL DESCRIPTION |
| Payment processing services, namely, physical and virtual credit, debit, and prepaid card and credit, debit, and prepaid electronic
device transaction processing services; Stored value prepaid card services, namely, processing electronic payments made through physical and virtual prepaid cards; Managed services, namely financial
administration of physical and virtual credit, debit, and prepaid card accounts and other payment accounts; Managed services, namely, fraud mitigation in the nature of fraud reimbursement services
for purchases made with physical and virtual credit, debit, and prepaid card accounts and other payment accounts; Financial consulting services related to the use by businesses of credit, debit,
prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| GOODS AND/OR SERVICES SECTION (042)(no change) |
| GOODS AND/OR SERVICES SECTION (040)(class added) |
| INTERNATIONAL CLASS |
040 |
| DESCRIPTION |
| Managed services, namely, card production in the nature of custom manufacturing and printing of credit, debit, prepaid, and other
payment cards |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| 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\EXPORT16\IMAGEOUT 16\868\199\86819998\xml8\ RFR0002.JPG |
| SPECIMEN DESCRIPTION |
screenshot of webpage describing service |
| GOODS AND/OR SERVICES SECTION (045)(class added) |
| INTERNATIONAL CLASS |
045 |
| DESCRIPTION |
| Managed services, namely, fraud mitigation and anti-money laundering services in the nature of fraud protection and detection services
for physical and virtual credit, debit, and prepaid card accounts and other payment accounts |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/30/2011 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/30/2011 |
| PAYMENT SECTION |
| NUMBER OF CLASSES |
2 |
| APPLICATION FOR REGISTRATION PER CLASS |
275 |
| TOTAL FEES DUE |
550 |
| SIGNATURE SECTION |
| DECLARATION SIGNATURE |
/Michael J. Dalton/ |
| SIGNATORY'S NAME |
Michael J. Dalton |
| SIGNATORY'S POSITION |
Attorney of record, California bar member |
| SIGNATORY'S PHONE NUMBER |
510-451-3300 |
| DATE SIGNED |
09/08/2016 |
| RESPONSE SIGNATURE |
/Michael J. Dalton/ |
| SIGNATORY'S NAME |
Michael J. Dalton |
| SIGNATORY'S POSITION |
Attorney of record, California bar member |
| SIGNATORY'S PHONE NUMBER |
510-451-3300 |
| DATE SIGNED |
09/08/2016 |
| AUTHORIZED SIGNATORY |
YES |
| CONCURRENT APPEAL NOTICE FILED |
NO |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Sep 08 18:06:36 EDT 2016 |
| TEAS STAMP |
USPTO/RFR-XXX.XXX.XXX.XX-
20160908180636417122-8681
9998-55032457e27a1351a628
639a75022da7703775e3cb518
8abe5855f9d6becbd31f-DA-5
424-20160908174852990748 |
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 1960 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
86819998 MARQETA(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86819998/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 an on-line website featuring accounting information; Monitoring and tracking credit, debit, and prepaid physical and virtual cards, credit, debit, and prepaid
payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment transactions for payment and accounting purposes; Business management consulting services related to the
use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Providing an on-line website featuring accounting information;
Monitoring and tracking credit, debit, and
prepaid physical and virtual cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment transactions for payment and accounting
purposes;
Monitoring and tracking credit, debit, and prepaid physical and virtual cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid
payment devices, cash, and other forms of payment transactions for cost accounting purposes;
Business management consulting services related to the use by businesses of
credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions;
Managed services, namely,
customer service in the nature of responding to customer inquiries for others in the field of financial servicesClass 035 for Providing an on-line website featuring accounting information;
Monitoring and tracking credit, debit, and prepaid physical and virtual cards, credit, debit, and prepaid payment codes, credit, debit, and prepaid payment devices, cash, and other forms of payment
transactions for cost accounting purposes; Business management consulting services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes,
or devices, and other forms of payment transactions; Managed services, namely, customer service in the nature of responding to customer inquiries for others in the field of financial services
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Payment processing services, namely, physical and virtual credit, debit, and prepaid card and credit, debit, and prepaid electronic device transaction processing
services; Stored value prepaid card services, namely, processing electronic payments made through physical and virtual prepaid cards; Managed services, namely financial, dispute and card production,
administration, customer service, anti-money laundering and fraud mitigation services, for physical and virtual credit, debit, and prepaid card and other payment accounts; Financial consulting
services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactions
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Payment processing services, namely, physical and virtual credit, debit, and prepaid card and credit, debit, and prepaid electronic device
transaction processing services;
Stored value prepaid card services, namely, processing electronic payments made through physical and virtual prepaid cards;
Managed services, namely financial, dispute and card production, administration, customer service, anti-money laundering and fraud mitigation services, for physical
and virtual credit, debit, and prepaid card and other payment accounts;
Managed services, namely financial administration of physical and virtual credit, debit,
and prepaid card accounts and other payment accounts;
Managed services, namely, fraud mitigation in the nature of fraud reimbursement services for purchases
made with physical and virtual credit, debit, and prepaid card accounts and other payment accounts;
Financial consulting services related to the use by businesses of credit,
debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment transactionsClass 036 for Payment processing services, namely, physical and
virtual credit, debit, and prepaid card and credit, debit, and prepaid electronic device transaction processing services; Stored value prepaid card services, namely, processing electronic payments
made through physical and virtual prepaid cards; Managed services, namely financial administration of physical and virtual credit, debit, and prepaid card accounts and other payment accounts; Managed
services, namely, fraud mitigation in the nature of fraud reimbursement services for purchases made with physical and virtual credit, debit, and prepaid card accounts and other payment accounts;
Financial consulting services related to the use by businesses of credit, debit, prepaid, and deferred payment physical and virtual cards, codes, or devices, and other forms of payment
transactions
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 040 for Managed services, namely, card production in the nature of custom manufacturing and printing of credit, debit, prepaid, and other payment cards
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 040 . The specimen(s) submitted consists of screenshot of webpage describing service .
"
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
Applicant hereby adds the following class of goods/services to the application:
New: Class 045 for Managed services, namely, fraud mitigation and anti-money laundering services in the nature of fraud protection and detection services for physical and virtual credit,
debit, and prepaid card accounts and other payment accounts
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, 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
application filing date.
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. The mark was first used at least as early as 06/30/2011
and first used in commerce at least as early as 06/30/2011 , and is now in use in such commerce.
FEE(S)
Fee(s) in the amount of $550 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: /Michael J. Dalton/ Date: 09/08/2016
Signatory's Name: Michael J. Dalton
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 510-451-3300
Request for Reconsideration Signature
Signature: /Michael J. Dalton/ Date: 09/08/2016
Signatory's Name: Michael J. Dalton
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 510-451-3300
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 86819998
RAM Accounting Date: 09/09/2016
Serial Number: 86819998
Internet Transmission Date: Thu Sep 08 18:06:36 EDT 2016
TEAS Stamp: USPTO/RFR-XXX.XXX.XXX.XX-201609081806364
17122-86819998-55032457e27a1351a628639a7
5022da7703775e3cb5188abe5855f9d6becbd31f
-DA-5424-20160908174852990748
