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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88053835 APPROACH(Standard Characters, see http://uspto.report/TM/88053835/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant has deleted Classes 09 and 36 in their entirety. Since the 2(d) likelihood of confusion refusals relate to only the goods and services identified in these classes, the issues are now moot and the application should proceed to publication on the Principal Register. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Computer software; software downloadable from the Internet; computer software for points, rewards, loyalty incentive services and database management

Applicant hereby deletes the following class of goods/services from the application.
Class 036 for Financial affairs; monetary affairs; loyalty reward schemes; incentive reward schemes; all the aforesaid services also provided on-line from a computer database, the Internet or other electronic media

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Administration of customer loyalty and incentive schemes; Customer loyalty services for commercial, promotional and/or advertising purposes; Loyalty, incentive and bonus program services
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: Administration of customer loyalty and incentive schemes; Administration of customer loyalty and incentive schemes and providing customer loyalty services for commercial, promotional and/or advertising purposes; Customer loyalty services for commercial, promotional and/or advertising purposes; business administration of consumer loyalty, incentive and bonus program services; Loyalty, incentive and bonus program servicesClass 035 for Administration of customer loyalty and incentive schemes and providing customer loyalty services for commercial, promotional and/or advertising purposes; business administration of consumer loyalty, incentive and bonus program services
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.

SIGNATURE(S)
Response Signature
Signature: /Courtney Thornton/     Date: 05/16/2019
Signatory's Name: Courtney Adams Thornton
Signatory's Position: Attorney at Law, Georgia bar member

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: 88053835
Internet Transmission Date: Thu May 16 12:01:27 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190516120127278
555-88053835-62011b0a6cddf5deaea78cb7ef0
11a22af0469aae92bff1d44af1cfbf8d1802e5b-
N/A-N/A-20190516114918498466