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. 88438907 GOLDBACK(Standard Characters, see http://uspto.report/TM/88438907/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see argument attached in the evidence section.

EVIDENCE
Evidence in the nature of Argument, Wikipedia articles has been attached.
Original PDF file:
evi_4614219213-20200206114913148363_._200201_GOLDBACK-Refusal_Response.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_4614219213-20200206114913148363_._Fiat_money_-_Wikipedia.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Original PDF file:
evi_4614219213-20200206114913148363_._Gold_standard_-_Wikipedia.pdf
Converted PDF file(s) ( 28 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Original PDF file:
evi_4614219213-20200206114913148363_._Greenback__1860s_money__-_Wikipedia.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Jewelry; Precious metals and their alloys and goods in precious metals or coated therewith
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: Jewelry; Precious metals and their alloys and goods in precious metals or coated therewith; Precious metals and their alloys and goods in precious metals or coated therewith, namely, paper-like sheets of gold; all of the foregoing made in significant or in whole part of goldClass 014 for Jewelry; Precious metals and their alloys and goods in precious metals or coated therewith, namely, paper-like sheets of gold; all of the foregoing made in significant or in whole part of gold
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 proposes to amend the following class of goods/services in the application:
Current: Class 036 for Legal tender exchange services; money exchange services and cash exchange transactions; currency exchange services; exchange rate services, namely, financial information in the nature of rates of exchange; financial services related to precious metals
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: Legal tender exchange services; money exchange services and cash exchange transactions; currency exchange services; exchange rate services, namely, financial information in the nature of rates of exchange; financial services related to precious metals; financial services related to precious metals, namely, gold tradingClass 036 for Legal tender exchange services; money exchange services and cash exchange transactions; currency exchange services; exchange rate services, namely, financial information in the nature of rates of exchange; financial services related to precious metals, namely, gold trading
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: Nicholas D. Wells. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 5739.210.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com

The applicants proposed attorney information: Nicholas D. Wells. Other appointed attorneys are Stephen H. Bean. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      United States
The docket/reference number is 5739.210.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com

Nicholas D. Wells 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: NICHOLAS D. WELLS. NICHOLAS D. WELLS of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      US
The docket/reference number is 5739.210.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

The applicants proposed correspondence information: Nicholas D. Wells. Nicholas D. Wells of LEGENDS LAW GROUP, PLLC, is located at

      330 MAIN ST.
      KAYSVILLE, Utah 84037
      United States
The docket/reference number is 5739.210.

The phone number is 801-337-4500.

The email address is nwells@legendslaw.com; docket@legendslaw.com

SIGNATURE(S)
Response Signature
Signature: /Nicholas Wells/     Date: 02/06/2020
Signatory's Name: Nicholas D. Wells
Signatory's Position: Attorney of record, Utah Bar member

Signatory's Phone Number: 8013374500

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:    NICHOLAS D. WELLS
   LEGENDS LAW GROUP, PLLC
   
   330 MAIN ST.
   KAYSVILLE, Utah 84037
Mailing Address:    Nicholas D. Wells
   LEGENDS LAW GROUP, PLLC
   330 MAIN ST.
   KAYSVILLE, Utah 84037
        
Serial Number: 88438907
Internet Transmission Date: Thu Feb 06 11:55:14 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020020611551409
1615-88438907-700b1ea38b3bad554fbf2d55ce
05e5f6016a3b3cce89475a8898fb392bdbcf8ba-
N/A-N/A-20200206114913148363