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. 88217866 VIVE FINANCIAL(Standard Characters, see http://uspto.report/TM/88217866/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 036 for Financial services, namely, consumer lending services, consumer loan financing; providing online financing and online loan services to consumers; credit, debit, and stored value card services in the nature of issuing credit, debit and stored value cards; electronic credit, debit, and stored value transaction processing; processing of debit card payments, processing of credit card payments, processing electronic payments made through prepaid cards; electronic prepayment services in the nature of processing payments for stored value cards
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: Financial services, namely, consumer lending services, consumer loan financing; providing online financing and online loan services to consumers; providing online consumer loan financing and online loan services to consumers in the nature of providing lines of credit, installment loans and other financing products; credit, debit, and stored value card services in the nature of issuing credit, debit and stored value cards; electronic credit, debit, and stored value transaction processing; electronic credit, debit, and stored value transaction processing services; processing of debit card payments, processing of credit card payments, processing electronic payments made through prepaid cards; electronic prepayment services in the nature of processing payments for stored value cards; pre-paid purchase card services, namely, processing electronic payments made through pre-paid cardsClass 036 for Financial services, namely, consumer lending services, consumer loan financing; providing online consumer loan financing and online loan services to consumers in the nature of providing lines of credit, installment loans and other financing products; credit, debit, and stored value card services in the nature of issuing credit, debit and stored value cards; electronic credit, debit, and stored value transaction processing services; processing of debit card payments, processing of credit card payments, processing electronic payments made through prepaid cards; pre-paid purchase card services, namely, processing electronic payments made through pre-paid cards
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
Disclaimer
No claim is made to the exclusive right to use FINANCIAL apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Jenna M. Loadman/     Date: 04/03/2019
Signatory's Name: Jenna M. Loadman
Signatory's Position: Associate Attorney, Ballard Spahr LLP, PA bar member

Signatory's Phone Number: 215.864.8302

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: 88217866
Internet Transmission Date: Thu Apr 04 14:26:09 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190404142609
944732-88217866-62071e3e030588accbe94204
1a9d416cc43cce6fe161a34377d526e33c69f769
-N/A-N/A-20190403175906189238