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 |
88391156 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK |
http://uspto.report/TM/88391156/mark.png |
LITERAL ELEMENT |
UNCHECK |
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 (036)(current) |
INTERNATIONAL CLASS |
036 |
DESCRIPTION |
Merchant services, namely, payment transaction processing services; Electronic payment services involving electronic processing and
subsequent transmission of bill payment data; Providing an internet website portal in the field of financial transaction and payment processing services; Providing electronic processing of electronic
funds transfer, ACH, credit card, debit card, electronic check and electronic payments; Electronic payment services involving electronic processing and subsequent transmission of bill payment data;
Providing API-based transfers, namely, electronic funds transfer; Application service provider featuring application programming interface (API) software for providing electronic processing of
electronic funds transfer, ACH, credit card, debit card, electronic check, and electronic payments |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (036)(proposed) |
INTERNATIONAL CLASS |
036 |
TRACKED TEXT DESCRIPTION |
Merchant services, namely, payment transaction processing services; Electronic payment
services involving electronic processing and subsequent transmission of bill payment data; Providing an internet website portal in the field of financial transaction and
payment processing services; Providing electronic processing of electronic funds transfer, ACH, credit card, debit card, electronic check and electronic payments;
Electronic payment services involving electronic processing and subsequent transmission of bill payment data; Providing API-based transfers,
namely, electronic funds transfer; Application service provider featuring application programming interface (API) software for providing electronic processing
of electronic funds transfer, ACH, credit card, debit card, electronic check, and electronic payments |
FINAL DESCRIPTION |
Merchant services, namely, payment transaction processing services; Electronic payment services involving electronic processing and
subsequent transmission of bill payment data; Providing an internet website portal in the field of financial transaction and payment processing services; Providing electronic processing of electronic
funds transfer, ACH, credit card, debit card, electronic check and electronic payments; Providing API-based transfers, namely, electronic funds transfer |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(class added) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Application service provider featuring application programming interface (API) software for providing electronic processing of
electronic funds transfer, ACH, credit card, debit card, electronic check, and electronic payments |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
A Revocation/Appointment of Attorney was filed on August 14, 2019, appointing Dana P. Jozefczyk as Attorney of Record and listing Andrew S.
Ehard, John A. Clifford, Scott W. Johnston, Christopher J. Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Dana P. Jozefczyk, and all other attorneys at the firm
(Merchant & Gould P.C.) as other appointed attorneys. Please update the record to reflect that Christopher R. Stanton is now the attorney of record. The bar information listed on this form is for
Christopher R. Stanton. |
ATTORNEY SECTION (current) |
NAME |
Dana P. Jozefczyk |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
PO BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402 |
COUNTRY |
US |
PHONE |
303-357-1645 |
FAX |
612-332-9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
18487.9US01 |
ATTORNEY SECTION (proposed) |
NAME |
Dana P. Jozefczyk |
ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
YEAR OF ADMISSION |
XXXX |
U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
PO BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402 |
COUNTRY |
United States |
PHONE |
303-357-1647 |
FAX |
612-332-9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
18487.9US01 |
OTHER APPOINTED ATTORNEY |
Andrew S. Ehard, John A. Clifford, Scott W. Johnston, Christopher J. Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla,
Danielle I. Mattessich, Dana P. Jozefczyk, and all other attorneys at the firm |
CORRESPONDENCE SECTION (current) |
NAME |
Dana P. Jozefczyk |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
PO BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402 |
COUNTRY |
US |
PHONE |
303-357-1645 |
FAX |
612-332-9081 |
EMAIL |
dockmpls@merchantgould.com; DJozefczyk@merchantgould.com; PColeman@MerchantGould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
18487.9US01 |
CORRESPONDENCE SECTION (proposed) |
NAME |
Dana P. Jozefczyk |
FIRM NAME |
MERCHANT & GOULD P.C. |
STREET |
PO BOX 2910 |
CITY |
MINNEAPOLIS |
STATE |
Minnesota |
POSTAL CODE |
55402 |
COUNTRY |
United States |
PHONE |
303-357-1645 |
FAX |
612-332-9081 |
EMAIL |
dockmpls@merchantgould.com |
AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
DOCKET/REFERENCE NUMBER |
18487.9US01 |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/Chris R. Stanton/ |
SIGNATORY'S NAME |
Christopher R. Stanton |
SIGNATORY'S POSITION |
Attorney of Record, CO Bar Member |
SIGNATORY'S PHONE NUMBER |
3033571647 |
DATE SIGNED |
09/10/2019 |
RESPONSE SIGNATURE |
/Chris R. Stanton/ |
SIGNATORY'S NAME |
Christopher R Stanton |
SIGNATORY'S POSITION |
Attorney of record, Colorado bar member |
SIGNATORY'S PHONE NUMBER |
3035793487 |
DATE SIGNED |
09/10/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Sep 10 14:28:37 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XXX
-20190910142837893247-883
91156-6105a59a5c8cc4c805c
6054c5ed1551424e7ad70677b
57d3ba152aafecb427286-CC-
28362473-2019091011212553
2173 |
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.
88391156 UNCHECK(Standard Characters, see http://uspto.report/TM/88391156/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 Merchant services, namely, payment transaction processing services; Electronic payment services involving electronic processing and subsequent transmission of bill
payment data; Providing an internet website portal in the field of financial transaction and payment processing services; Providing electronic processing of electronic funds transfer, ACH, credit
card, debit card, electronic check and electronic payments; Electronic payment services involving electronic processing and subsequent transmission of bill payment data; Providing API-based
transfers, namely, electronic funds transfer; Application service provider featuring application programming interface (API) software for providing electronic processing of electronic funds transfer,
ACH, credit card, debit card, electronic check, and electronic payments
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: Merchant services, namely, payment transaction processing services;
Electronic payment services involving electronic
processing and subsequent transmission of bill payment data;
Providing an internet website portal in the field of financial transaction and payment processing
services;
Providing electronic processing of electronic funds transfer, ACH, credit card, debit card, electronic check and electronic payments;
Electronic payment services involving electronic processing and subsequent transmission of bill payment data;
Providing API-based transfers, namely, electronic
funds transfer;
Application service provider featuring application programming interface (API) software for providing electronic processing of electronic funds
transfer, ACH, credit card, debit card, electronic check, and electronic paymentsClass 036 for Merchant services, namely, payment transaction processing services; Electronic payment services
involving electronic processing and subsequent transmission of bill payment data; Providing an internet website portal in the field of financial transaction and payment processing services; Providing
electronic processing of electronic funds transfer, ACH, credit card, debit card, electronic check and electronic payments; Providing API-based transfers, namely, electronic funds transfer
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.
Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Application service provider featuring application programming interface (API) software for providing electronic processing of electronic funds transfer, ACH, credit card,
debit card, electronic check, and electronic payments
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.
The applicant's current attorney information: Dana P. Jozefczyk. Dana P. Jozefczyk of MERCHANT & GOULD P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX,
is located at
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
US
The docket/reference number is 18487.9US01.
The phone number is 303-357-1645.
The fax number is 612-332-9081.
The email address is dockmpls@merchantgould.com
The applicants proposed attorney information: Dana P. Jozefczyk. Other appointed attorneys are Andrew S. Ehard, John A. Clifford, Scott W. Johnston, Christopher J. Schulte, Brent E. Routman, Brian H.
Batzli, Gregory C. Golla, Danielle I. Mattessich, Dana P. Jozefczyk, and all other attorneys at the firm. Dana P. Jozefczyk of MERCHANT & GOULD P.C., is a member of the XX bar, admitted to
the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
United States
The docket/reference number is 18487.9US01.
The phone number is 303-357-1647.
The fax number is 612-332-9081.
The email address is dockmpls@merchantgould.com
Dana P. Jozefczyk submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: Dana P. Jozefczyk. Dana P. Jozefczyk of MERCHANT & GOULD P.C., is located at
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
US
The docket/reference number is 18487.9US01.
The phone number is 303-357-1645.
The fax number is 612-332-9081.
The email address is dockmpls@merchantgould.com; DJozefczyk@merchantgould.com; PColeman@MerchantGould.com
The applicants proposed correspondence information: Dana P. Jozefczyk. Dana P. Jozefczyk of MERCHANT & GOULD P.C., is located at
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
United States
The docket/reference number is 18487.9US01.
The phone number is 303-357-1645.
The fax number is 612-332-9081.
The email address is dockmpls@merchantgould.com
ADDITIONAL STATEMENTS
Miscellaneous Statement
A Revocation/Appointment of Attorney was filed on August 14, 2019, appointing Dana P. Jozefczyk as Attorney of Record and listing Andrew S. Ehard, John A. Clifford, Scott W. Johnston, Christopher J.
Schulte, Brent E. Routman, Brian H. Batzli, Gregory C. Golla, Danielle I. Mattessich, Dana P. Jozefczyk, and all other attorneys at the firm (Merchant & Gould P.C.) as other appointed attorneys.
Please update the record to reflect that Christopher R. Stanton is now the attorney of record. The bar information listed on this form is for Christopher R. Stanton.
FEE(S)
Fee(s) in the amount of $275 is being submitted.
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: /Chris R. Stanton/ Date: 09/10/2019
Signatory's Name: Christopher R. Stanton
Signatory's Position: Attorney of Record, CO Bar Member
Signatory's Phone Number: 3033571647
Response Signature
Signature: /Chris R. Stanton/ Date: 09/10/2019
Signatory's Name: Christopher R Stanton
Signatory's Position: Attorney of record, Colorado bar member
Signatory's Phone Number: 3035793487
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Dana P. Jozefczyk
MERCHANT & GOULD P.C.
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
Mailing Address: Dana P. Jozefczyk
MERCHANT & GOULD P.C.
PO BOX 2910
MINNEAPOLIS, Minnesota 55402
RAM Sale Number: 88391156
RAM Accounting Date: 09/10/2019
Serial Number: 88391156
Internet Transmission Date: Tue Sep 10 14:28:37 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20190910142837
893247-88391156-6105a59a5c8cc4c805c6054c
5ed1551424e7ad70677b57d3ba152aafecb42728
6-CC-28362473-20190910112125532173