TEAS Request Reconsideration after FOA

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)

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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 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. 86827521 JSPEAK(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86827521/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 Advertising, marketing and promotion services; Advertising, including online advertising on a computer network; Rental of advertising space on web sites; Banner advertising; Providing incentive award programs for customers through issuance and processing of loyalty points for purchase of a company's goods and services; Promoting the goods and services of others by means of awarding purchase points for credit card use, distributing coupons and the issuance of loyalty rewards cards; Promoting recreation and tourism in Japan; Providing consumer product information via the Internet; Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Facilities and locations; Providing hotel rate comparison information; accountancy services; bookkeeping services; business auditing services; Telephone answering services; Administrative data processing services; Computer file management; Compilation and systematization of information into computer databases
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

Proposed:
Tracked Text Description: Advertising, marketing and promotion services; advertising, including online advertising on a computer network; rental of advertising space on web sites; banner advertising; providing incentive award programs for customers through issuance and processing of loyalty points for purchase of a company's goods and services; promoting the goods and services of others by means of awarding purchase points for credit card use, distributing coupons and the issuance of loyalty rewards cards; promoting recreation and tourism in Japan; providing consumer product information via the Internet; providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; Facilities and locations; providing hotel rate comparison information; accountancy services; bookkeeping; bookkeeping services; business auditing; business auditing services; telephone answering services; data processing services; Administrative data processing services; computer file management; compilation and systematization of information into computer databasesClass 035 for Advertising, marketing and promotion services; advertising, including online advertising on a computer network; rental of advertising space on web sites; banner advertising; providing incentive award programs for customers through issuance and processing of loyalty points for purchase of a company's goods and services; promoting the goods and services of others by means of awarding purchase points for credit card use, distributing coupons and the issuance of loyalty rewards cards; promoting recreation and tourism in Japan; providing consumer product information via the Internet; providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations; providing hotel rate comparison information; accountancy services; bookkeeping; business auditing; telephone answering services; data processing services; computer file management; compilation and systematization of information into computer databases
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and 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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant believes with this amendment that it has addressed all of the lingering services identification issues raised by the Examining Attorney by accepting the Examining Attorney's proposed clarifying amendments.


SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Scott Havlick/     Date: 10/29/2016
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney for Applicant, Colorado Bar Member

Signatory's Phone Number: 3034732710

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.

        
Serial Number: 86827521
Internet Transmission Date: Sat Oct 29 02:18:42 EDT 2016
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2016102902184217
7854-86827521-570fef813faa89797ab9e34dc7
ade8b961ad055e4e620852a6d3026c4cf5dbe8-N
/A-N/A-20161029021120644844