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. 88144841 TAXLAB (Stylized and/or with Design, see http://uspto.report/TM/88144841/mark.png) 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 042 for Non-Downloadable software portal for desktop computers, tablets, and mobile devices; 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; 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; Non-Downloadable, browser-based, computer software for tracking charitable donations and calculating charitable tax deductions and fair market value of goods and services; 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 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; Non-Downloadable, browser-based, software application for the purpose of organizing, tracking and reporting tax deductible expenses
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: Non-Downloadable software portal for desktop computers, tablets, and mobile devices; Providing temporary use of online non-downloadable software portal for desktop computers, tablets, and mobile devices offering information in the field of finance and tax; 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 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; 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 use in tax planning, tax calculation, and tax return preparation and filing, processing tax payments, and for organizing, tracking and reporting tax-deductible expenses; 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, computer software for tracking charitable donations and calculating charitable tax deductions and fair market value of goods and services; 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, 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 non-downloadable software for tax preparation, online banking analysis, and software to pre-populate tax forms with tax data from online banking accounts; 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; Non-Downloadable, browser-based, software application for the purpose of organizing, tracking and reporting tax deductible expenses; Providing temporary use of online non-downloadable, browser-based, software application for the purpose of organizing, tracking and reporting tax deductible expenses.Class 042 for Providing temporary use of online non-downloadable software portal for desktop computers, tablets, and mobile devices offering information in the field of 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.
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
Description of mark
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.

SIGNATURE(S)
Response Signature
Signature: /Jack Fritz/     Date: 01/28/2019
Signatory's Name: Jack Fritz
Signatory's Position: Attorney of Record. California Bar Member.

Signatory's Phone Number: 6266298845

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: 88144841
Internet Transmission Date: Mon Jan 28 11:10:42 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201901281110424718
88-88144841-6209d3b20e7c3746b69dff8cece1
37d2baa0b4c9e7b4c3b8cd2752ad04b-N/A-N/A-
20190128110901315103