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)

---

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. 88111661 LATITUDE(Standard Characters, see http://uspto.report/TM/88111661/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant respectful submits that the modification of the identification of services herein resolves the Examining Attorney's 2d refusal and multi-class application issues as stated in the 12/28/2018 Office Action for this Application. Further, Applicant is also the owner of Application US Serial Number 88108046. has been attached.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business services in the field of retirement plan administration, namely, 401K plan administration, Retirement plan administration, Actuarial certification and services, and Fiduciary services for retirement plans
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: Business services in the field of retirement plan administration, namely, 401K plan administration, Retirement plan administration, Actuarial certification and services, and Fiduciary services for retirement plans; Business administration services provided to providers of retirement plan administration in the nature of 401K plan administration, Retirement plan administration, Actuarial certification and services, and Fiduciary services for retirement plans, none of the above business administration services being financial or insurance-based in natureClass 035 for Business administration services provided to providers of retirement plan administration in the nature of 401K plan administration, Retirement plan administration, Actuarial certification and services, and Fiduciary services for retirement plans, none of the above business administration services being financial or insurance-based in nature
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 respectful submits that the modification of the identification of services herein resolves the Examining Attorney's 2d refusal and multi-class application issues as stated in the 12/28/2018 Office Action for this Application. Further, Applicant is also the owner of Application US Serial Number 88108046.


SIGNATURE(S)
Response Signature
Signature: /Zach Gordon/     Date: 01/04/2019
Signatory's Name: Zach Gordon
Signatory's Position: Attorney of Record, IN bar member

Signatory's Phone Number: 3177133662

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: 88111661
Internet Transmission Date: Fri Jan 04 12:38:20 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.X-2019010412382047599
4-88111661-620f0f7d8a4687c19247329336dfd
b3a9f512c139257c3b1f61c6c4c8a6cb928c4-N/
A-N/A-20190104123300645487