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

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER88138846
LAW OFFICE ASSIGNEDLAW OFFICE 104
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88138846/large
LITERAL ELEMENT ECMS
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.
ARGUMENT(S)

In response to the Examining Attorney's January 24, 2019 office action, Applicant responds as follows:

1) Applicant respectfully requests amendment of the description of services to: "Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry." 

2) Applicant confirms that the wording "ECMS" as applied to the Applicant's services does not have any significance in Applicant's trade or industry and is not a "term of art."  

Applicant believes it has addressed all issues raised in the office action and respectfully requests that the application be approved for publication. 

GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS042
DESCRIPTION
Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 05/31/2017
        FIRST USE IN COMMERCE DATE At least as early as 05/31/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS042
TRACKED TEXT DESCRIPTION
Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry
FINAL DESCRIPTION
Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 05/31/2017
       FIRST USE IN COMMERCE DATE At least as early as 05/31/2017
SIGNATURE SECTION
RESPONSE SIGNATURE /Jeffrey R. Cadwell/
SIGNATORY'S NAME Jeffrey Cadwell
SIGNATORY'S POSITION Attorney of Record, Minnesota Bar Member
SIGNATORY'S PHONE NUMBER 612-492-6842
DATE SIGNED 04/24/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Apr 25 10:27:41 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.X.XXX-2
0190425102741938837-88138
846-620ed1980ec18c4e3671b
ec83582e2fb6abf867c1a97a7
bb35c9d88d16c923e63-N/A-N
/A-20190423150618881984


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. 88138846 ECMS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88138846/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Examining Attorney's January 24, 2019 office action, Applicant responds as follows:

1) Applicant respectfully requests amendment of the description of services to: "Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry." 

2) Applicant confirms that the wording "ECMS" as applied to the Applicant's services does not have any significance in Applicant's trade or industry and is not a "term of art."  

Applicant believes it has addressed all issues raised in the office action and respectfully requests that the application be approved for publication. 



CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information
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 05/31/2017 and first used in commerce at least as early as 05/31/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry

Class 042 for Providing online non-downloadable software for managing tax exemption certificates; Providing a website featuring on-line non-downloadable software that enables users to access customized sales and use tax information; all of the forgoing excluding use in the construction industry
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 05/31/2017 and first used in commerce at least as early as 05/31/2017 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Jeffrey R. Cadwell/     Date: 04/24/2019
Signatory's Name: Jeffrey Cadwell
Signatory's Position: Attorney of Record, Minnesota Bar Member

Signatory's Phone Number: 612-492-6842

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: 88138846
Internet Transmission Date: Thu Apr 25 10:27:41 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2019042510274193
8837-88138846-620ed1980ec18c4e3671bec835
82e2fb6abf867c1a97a7bb35c9d88d16c923e63-
N/A-N/A-20190423150618881984