To: | Tax Lab, Inc. (jack@fritzlawgroup.com) |
Subject: | U.S. TRADEMARK APPLICATION NO. 88144841 - TAXLAB - N/A |
Sent: | 1/23/2019 12:21:01 PM |
Sent As: | ECOM118@USPTO.GOV |
Attachments: | Attachment - 1 |
UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO)
OFFICE ACTION (OFFICIAL LETTER) ABOUT APPLICANT’S TRADEMARK APPLICATION
U.S. APPLICATION SERIAL NO. 88144841
MARK: TAXLAB
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CORRESPONDENT ADDRESS: |
CLICK HERE TO RESPOND TO THIS LETTER: http://www.gov.uspto.report/trademarks/teas/response_forms.jsp
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APPLICANT: Tax Lab, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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OFFICE ACTION
TO AVOID ABANDONMENT OF APPLICANT’S TRADEMARK APPLICATION, THE USPTO MUST RECEIVE APPLICANT’S COMPLETE RESPONSE TO THIS LETTER WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE BELOW. A RESPONSE TRANSMITTED THROUGH THE TRADEMARK ELECTRONIC APPLICATION SYSTEM (TEAS) MUST BE RECEIVED BEFORE MIDNIGHT EASTERN TIME OF THE LAST DAY OF THE RESPONSE PERIOD.
ISSUE/MAILING DATE: 1/23/2019
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
PRIOR PENDING APPLICATION:
In response to this Office action, applicant may present arguments in support of registration by addressing the issue of the potential conflict between applicant’s mark and the mark in the referenced application. Applicant’s election not to submit arguments at this time in no way limits applicant’s right to address this issue later if a refusal under Section 2(d) issues.
IDENTIFICATION OF SERVICES:
The identification of services is not acceptable because wording is indefinite and must be clarified. See 37 C.F.R. §2.32(a)(6); TMEP §1402.01. Suggested amendments are highlighted below. Applicant may adopt the following wording, if accurate:
Providing temporary use of online non-downloadable software portal for desktop computers, tablets, and mobile devices offering information in the field of ______ (the applicant must specify the field, for instance, finance and tax); Providing temporary use of online non-downloadable software for the purpose of analyzing a user's spending habits and anticipating future spending decisions using, matching tax professionals to users, filling out tax forms, and to analyze and process user data using algorithms, OCR, AI, and Machine Learning; Providing temporary use of online non-downloadable, browser-based, computer software for use in tax planning, tax calculation, and tax return preparation and filing, processing tax payments, and for organizing, tracking and reporting tax-deductible expenses; Providing temporary use of online non-downloadable, browser-based, computer software for tracking charitable donations and calculating charitable tax deductions and fair market value of goods and services; Providing temporary use of online non-downloadable, browser-based, software portal for helping a user with regard to aggregating wage, interest, dividend, and other income and expense information from a wide variety of sources for tax related purposes; Providing temporary use of online non-downloadable software for tax preparation, online banking analysis, and software to pre-populate tax forms with tax data from online banking accounts; maintenance of on-line databases for others, consisting of database integration services and data integration services for financial institutions to integrate tax related data with online banking data; Providing temporary use of online non-downloadable, browser-based, software application for the purpose of organizing, tracking and reporting tax deductible expenses, in International Class 42.
For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual. See TMEP §1402.04.
DESCRIPTION OF THE MARK:
The following description is suggested, if accurate:
The mark consists of the stylized wording “TAXLAB” and design. The letters “TA” appear in dark gray. The lower half of the letter “X” appears in dark gray and the upper half of the letter “X” is formed by a turquoise check mark. The term “LAB” appears in white within a turquoise miscellaneous design with an overall rectangle shape.
RESPONSE:
/Marlene Bell/
Trademark Examining Attorney
Law Office 118
(571) 272-9291
marlene.bell@uspto.gov (for informal inquiries)
TO RESPOND TO THIS LETTER: Go to http://www.gov.uspto.report/trademarks/teas/response_forms.jsp. Please wait 48-72 hours from the issue/mailing date before using the Trademark Electronic Application System (TEAS), to allow for necessary system updates of the application. For technical assistance with online forms, e-mail TEAS@uspto.gov. For questions about the Office action itself, please contact the assigned trademark examining attorney. E-mail communications will not be accepted as responses to Office actions; therefore, do not respond to this Office action by e-mail.
All informal e-mail communications relevant to this application will be placed in the official application record.
WHO MUST SIGN THE RESPONSE: It must be personally signed by an individual applicant or someone with legal authority to bind an applicant (i.e., a corporate officer, a general partner, all joint applicants). If an applicant is represented by an attorney, the attorney must sign the response.
PERIODICALLY CHECK THE STATUS OF THE APPLICATION: To ensure that applicant does not miss crucial deadlines or official notices, check the status of the application every three to four months using the Trademark Status and Document Retrieval (TSDR) system at http://tsdr.gov.uspto.report/. Please keep a copy of the TSDR status screen. If the status shows no change for more than six months, contact the Trademark Assistance Center by e-mail at TrademarkAssistanceCenter@uspto.gov or call 1-800-786-9199. For more information on checking status, see http://www.gov.uspto.report/trademarks/process/status/.
TO UPDATE CORRESPONDENCE/E-MAIL ADDRESS: Use the TEAS form at http://www.gov.uspto.report/trademarks/teas/correspondence.jsp.