Response to Office Action

ALIGHT SMART-CHOICE CARD

Alight Solutions LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88380377
LAW OFFICE ASSIGNED LAW OFFICE 112
MARK SECTION
MARK http://uspto.report/TM/88380377/mark.png
LITERAL ELEMENT ALIGHT SMART-CHOICE CARD
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.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2019
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts; encoded smart cards containing programming used for tracking health care expenditures and electronic payment processing, used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts
FINAL DESCRIPTION
Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used for tracking health care expenditures and electronic payment processing, used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2019
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2019
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT17\IMAGEOUT 17\883\803\88380377\xml6\ ROA0002.JPG
       SPECIMEN DESCRIPTION Photograph of actual debit card showing the mark
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use "CARD" apart from the mark as shown.
SIGNATURE SECTION
DECLARATION SIGNATURE /Ruth Rivard/
SIGNATORY'S NAME Ruth Rivard
SIGNATORY'S POSITION Attorney of record, Minnesota bar member
SIGNATORY'S PHONE NUMBER 612.335.1799
DATE SIGNED 05/09/2019
RESPONSE SIGNATURE /Ruth Rivard/
SIGNATORY'S NAME Ruth Rivard
SIGNATORY'S POSITION Attorney of record, MN bar member
SIGNATORY'S PHONE NUMBER 6123351799
DATE SIGNED 05/09/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 09 19:24:29 EDT 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XX-20
190509192429834694-883803
77-6209c3d46de7c6c881cabb
a4fe69af1e5bd7d0671127d7b
2dbddaaac28ee85e399-N/A-N
/A-20190509190417606046



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. 88380377 ALIGHT SMART-CHOICE CARD(Standard Characters, see http://uspto.report/TM/88380377/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 009 for Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts
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 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts; encoded smart cards containing programming used for tracking health care expenditures and electronic payment processing, used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement AccountsClass 009 for Magnetically encoded debit cards, and stored value cards; encoded smart cards containing programming used for tracking health care expenditures and electronic payment processing, used in connection with employee benefit programs such as Flexible Spending Accounts, Health Savings Accounts and Health Reimbursement Accounts
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 01/01/2019 and first used in commerce at least as early as 01/01/2019 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Photograph of actual debit card showing the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use "CARD" apart from the mark as shown.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.



Signature: /Ruth Rivard/      Date: 05/09/2019
Signatory's Name: Ruth Rivard
Signatory's Position: Attorney of record, Minnesota bar member
Signatory's Phone Number: 612.335.1799


Response Signature
Signature: /Ruth Rivard/     Date: 05/09/2019
Signatory's Name: Ruth Rivard
Signatory's Position: Attorney of record, MN bar member

Signatory's Phone Number: 6123351799

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: 88380377
Internet Transmission Date: Thu May 09 19:24:29 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190509192429834
694-88380377-6209c3d46de7c6c881cabba4fe6
9af1e5bd7d0671127d7b2dbddaaac28ee85e399-
N/A-N/A-20190509190417606046


Response to Office Action [image/jpeg]


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