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. 88454749 KEY2KEY(Standard Characters, see http://uspto.report/TM/88454749/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus; application software; artificial intelligence software; computer programs for processing data; computer software; computer software for application and database integration; data processing programs; data processors; database management software; decisionware; decisionware for customer data analysis; decisionware for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; decisionware for lead generation; decisionware for providing customer offers and incentives; decisionware for vehicle appraisal and valuation; downloadable electronic publications; downloadable software; downloadable software for use in the automobile, insurance, and finance industries; downloadable software for marketing, lead generation, customer data analysis, and customer offers and incentives; downloadable software for vehicle appraisal and valuation; electronic publications downloadable from databases or the Internet; interactive software; simulation software; software; software for customer data analysis; software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software for lead generation; software for providing customer offers and incentives; software for vehicle appraisal and valuation; parts and fittings for all of the aforesaid goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments; Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus; application software; artificial intelligence software, downloadable, for use in the vehicle sales industry; artificial intelligence software; computer programs for processing data; software, downloadable, for use in the vehicle sales industry; computer software; computer software for application and database integration; data processing programs; data processors; database management software; decisionware, namely computer software, downloadable, for use in the vehicle sales industry; decisionware; decisionware for customer data analysis; decisionware for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; decisionware for lead generation; decisionware for providing customer offers and incentives; decisionware for vehicle appraisal and valuation; Downloadable electronic publications in the nature of software instruction manuals for use with proprietary software for the vehicle sales industry; downloadable electronic publications; downloadable software for use in the vehicle sales industry; downloadable software; downloadable software for use in the automobile, insurance, and finance industries; downloadable software for marketing, lead generation, customer data analysis, and customer offers and incentives; downloadable software for vehicle appraisal and valuation; electronic publications downloadable from databases or the Internet; interactive software; simulation software, downloadable, for use in the vehicle sales industry; simulation software; software; software for customer data analysis; software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software for lead generation; software for providing customer offers and incentives; software for vehicle appraisal and valuation; parts and fittings for all of the aforesaid goodsClass 009 for Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media, computer software, blank digital or analogue recording and storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming; fire-extinguishing apparatus; application software; artificial intelligence software, downloadable, for use in the vehicle sales industry; computer programs for processing data; software, downloadable, for use in the vehicle sales industry; computer software for application and database integration; data processing programs; data processors; database management software; decisionware, namely computer software, downloadable, for use in the vehicle sales industry; decisionware for customer data analysis; decisionware for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; decisionware for lead generation; decisionware for providing customer offers and incentives; decisionware for vehicle appraisal and valuation; Downloadable electronic publications in the nature of software instruction manuals for use with proprietary software for the vehicle sales industry; downloadable software for use in the vehicle sales industry; downloadable software for use in the automobile, insurance, and finance industries; downloadable software for marketing, lead generation, customer data analysis, and customer offers and incentives; downloadable software for vehicle appraisal and valuation; electronic publications downloadable from databases or the Internet; interactive software; simulation software, downloadable, for use in the vehicle sales industry; software; software for customer data analysis; software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software for lead generation; software for providing customer offers and incentives; software for vehicle appraisal and valuation; parts and fittings for all of the aforesaid goods
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:
Current: Class 035 for Advertising; business management; business administration; office functions; administration of customer benefit and incentive programs; administration of customer loyalty programmes; administration of customer subscription programmes; advertising vehicles for sale by means of the Internet; advertising, marketing, business consulting, customer management, and business management services for businesses in the automobile, insurance and finance industries; business data analysis; business data analysis for lead generation; business data analysis for providing customer offers and incentives; business data analysis for vehicle appraisal and valuation; business data analysis to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; collection, systematization, compilation and analysis of business data and information stored in computer databases; collection, systematization, compilation and analysis of business data, statistics, information and indexes of information for commercial purposes; compilation of commercial information into databases; customer relationship management; customer relationship management for lead generation; customer relationship management to aid vehicle appraisal and valuation; customer relationship management to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; customer relationship management to provide customer offers and incentives; customer service management; database management; database marketing; lead generation services; lead generation services; lead generation services for providing customer offers and incentives; lead generation services to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; management of databases; market research conducted using databases; market research services regarding customer behaviour; online retail store services featuring software; online retail store services in relation to computer software; promoting the goods and services of others by means of a customer membership program; providing business information relating to the sale of vehicles; providing business lead generation services; provision of commercial information from databases; retail or wholesale services for vehicles; retail services in relation to computer software; sales promotion through customer membership programmes; systematization of commercial information into databases; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Advertising; business management; providing business management; business administration; office functions; administration of customer benefit and incentive programs; administration of customer loyalty programmes; administration of customer subscription programmes; advertising vehicles for sale by means of the Internet; advertising, marketing, business consulting, customer management, and business management services for businesses in the automobile, insurance and finance industries; business data analysis; business data analysis for lead generation; business data analysis for providing customer offers and incentives; business data analysis for vehicle appraisal and valuation; business data analysis to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; collection, systematization, compilation and analysis of business data and information stored in computer databases; collection, systematization, compilation and analysis of business data, statistics, information and indexes of information for commercial purposes; compilation of commercial information into databases; customer relationship management; customer relationship management for lead generation; customer relationship management to aid vehicle appraisal and valuation; customer relationship management to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; customer relationship management to provide customer offers and incentives; customer service management; database management; database marketing; lead generation services; lead generation services; lead generation services for providing customer offers and incentives; lead generation services to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; management of databases; market research conducted using databases; market research services regarding customer behaviour; online retail store services featuring software; online retail store services in relation to computer software; retail online ordering services featuring computer software; promoting the goods and services of others by means of a customer membership program; providing business information relating to the sale of vehicles; providing business lead generation services; provision of commercial information from databases; retail or wholesale services for vehicles; retail distributorships in the field of motor vehicles; retail services in relation to computer software; sales promotion through customer membership programmes; systematization of commercial information into databases; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; information, advisory and consultancy services in relation to the aforesaid servicesClass 035 for Advertising; providing business management; business administration; office functions; administration of customer benefit and incentive programs; administration of customer loyalty programmes; administration of customer subscription programmes; advertising vehicles for sale by means of the Internet; advertising, marketing, business consulting, customer management, and business management services for businesses in the automobile, insurance and finance industries; business data analysis; business data analysis for lead generation; business data analysis for providing customer offers and incentives; business data analysis for vehicle appraisal and valuation; business data analysis to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; collection, systematization, compilation and analysis of business data and information stored in computer databases; collection, systematization, compilation and analysis of business data, statistics, information and indexes of information for commercial purposes; compilation of commercial information into databases; customer relationship management; customer relationship management for lead generation; customer relationship management to aid vehicle appraisal and valuation; customer relationship management to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; customer relationship management to provide customer offers and incentives; customer service management; database management; database marketing; lead generation services; lead generation services; lead generation services for providing customer offers and incentives; lead generation services to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; management of databases; market research conducted using databases; market research services regarding customer behaviour; online retail store services featuring software; retail online ordering services featuring computer software; promoting the goods and services of others by means of a customer membership program; providing business information relating to the sale of vehicles; providing business lead generation services; provision of commercial information from databases; retail distributorships in the field of motor vehicles; sales promotion through customer membership programmes; systematization of commercial information into databases; the bringing together, for the benefit of others, of a variety of goods, excluding the transport thereof, enabling customers to conveniently view and purchase those goods; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:
Current: Class 036 for Insurance; financial affairs; monetary affairs; real estate affairs; arranging of loans; finance and lending services; financial information provided online from a database; financial loan consultancy; financing; financing of consumer purchases; hire-purchase financing; hire-purchase loan renewal; instalment loans; issuance of customer loyalty discount codes; issuance of customer loyalty points; issuance of tokens of value as a reward for customer loyalty; issuance of tokens of value as a reward for customer loyalty to provide customers with offers and incentives to renew or replace their vehicles; lease financing; lease-purchase loan renewal; lease-purchase loans; loan advice; loan financing; loans; providing financial information by means of a database; providing information about and consulting services related to finance and lending; providing loan insurance and consulting services related to loan insurance and vehicle appraisal; provision of loan insurance; re-financing; revolving loans; vehicle appraisal; vehicle financing; vehicle insurance services; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Insurance; Arranging of loans; financial affairs; finance and lending services; monetary affairs; financial information provided online from a database; real estate affairs; financial loan consultancy; financing; financing of consumer purchases; hire-purchase financing; hire-purchase loan renewal; instalment loans; issuance of customer loyalty discount codes; issuance of customer loyalty points; issuance of tokens of value as a reward for customer loyalty; issuance of tokens of value as a reward for customer loyalty to provide customers with offers and incentives to renew or replace their vehicles; lease financing; lease-purchase loan renewal; lease-purchase loans; loan advice; loan financing; loans; providing financial information by means of a database; providing information about and consulting services related to finance and lending; providing loan insurance and consulting services related to loan insurance and vehicle appraisal; provision of loan insurance; re-financing; revolving loans; vehicle appraisal; vehicle financing; vehicle insurance services; information, advisory and consultancy services in relation to the aforesaid servicesClass 036 for Arranging of loans; finance and lending services; financial information provided online from a database; financial loan consultancy; financing; financing of consumer purchases; hire-purchase financing; hire-purchase loan renewal; instalment loans; issuance of customer loyalty discount codes; issuance of customer loyalty points; issuance of tokens of value as a reward for customer loyalty; issuance of tokens of value as a reward for customer loyalty to provide customers with offers and incentives to renew or replace their vehicles; lease financing; lease-purchase loan renewal; lease-purchase loans; loan advice; loan financing; loans; providing financial information by means of a database; providing information about and consulting services related to finance and lending; providing loan insurance and consulting services related to loan insurance and vehicle appraisal; provision of loan insurance; re-financing; revolving loans; vehicle appraisal; vehicle financing; vehicle insurance services; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following:
Current: Class 042 for Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software; database configuration; database customization; database design; database development; database hosting; database hosting for customer data analysis purposes; database hosting for lead generation purposes; database hosting for vehicle appraisal and valuation purposes; database hosting in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; database installation; database leasing; database maintenance; database support services; database updating; database upgrading; design of software for website development; development of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; development of software for customer data analysis purposes; development of software for lead generation purposes; development of software for vehicle appraisal and valuation purposes; development of software for website development; hosting of software for website development; hosting websites for customer data analysis purposes; hosting websites for lead generation purposes; hosting websites for vehicle appraisal and valuation purposes; hosting websites in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis purposes; leasing of software for lead generation purposes; leasing of software for vehicle appraisal and valuation purposes; leasing of software for website development; maintenance of software for website development; programming of software for website development; providing information about and consulting services related to software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; providing online non-downloadable software for use in customer relationship management; providing online non-downloadable software for use in customer relationship management, namely, lead generation purposes; providing online non-downloadable software for use in customer relationship management, namely, customer data analysis purposes; providing online non-downloadable software for use in customer relationship management, namely, vehicle appraisal and valuation purposes; providing online non-downloadable software for use in customer relationship management, namely, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; providing temporary use of non-downloadable software applications accessible via a website; software as a service; software as a service for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software as a service for customer data analysis purposes; software as a service for lead generation purposes; software as a service for vehicle appraisal and valuation purposes; software as a service featuring software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; software configuration; software customization; software design; software development; software installation; software leasing; software maintenance; software support services; software updating; software upgrading; website design; website development; website hosting; website leasing; website maintenance; website programming; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Scientific and technological services and research and design relating thereto; Industrial analysis and industrial research services; design and development of computer hardware and software; database configuration; database customization; database design; database development; database hosting; database hosting for customer data analysis purposes; database hosting for lead generation purposes; database hosting for vehicle appraisal and valuation purposes; database hosting in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; database installation; database leasing; database maintenance; database support services; database updating; database upgrading; design of software for website development; development of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; development of software for customer data analysis purposes; development of software for lead generation purposes; development of software for vehicle appraisal and valuation purposes; development of software for website development; hosting of software for website development; hosting websites for customer data analysis purposes; hosting websites for lead generation purposes; hosting websites for vehicle appraisal and valuation purposes; hosting websites in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis purposes; leasing of software for lead generation purposes; leasing of software for vehicle appraisal and valuation purposes; leasing of software for website development; maintenance of software for website development; programming of software for website development; providing information about and consulting services related to software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; providing online non-downloadable software for use in customer relationship management; providing online non-downloadable software for use in customer relationship management, namely, lead generation purposes; providing online non-downloadable software for use in customer relationship management, namely, customer data analysis purposes; providing online non-downloadable software for use in customer relationship management, namely, vehicle appraisal and valuation purposes; providing online non-downloadable software for use in customer relationship management, namely, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; providing temporary use of non-downloadable software applications accessible via a website; software as a service; software as a service for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software as a service for customer data analysis purposes; software as a service for lead generation purposes; software as a service for vehicle appraisal and valuation purposes; software as a service featuring software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; software configuration; software customization; software design; software development; software installation; software leasing; software maintenance; software support services; software updating; software upgrading; website design; website development; website hosting; website leasing; website maintenance; website programming; information, advisory and consultancy services in relation to the aforesaid servicesClass 042 for Industrial analysis and industrial research services; design and development of computer hardware and software; database configuration; database customization; database design; database development; database hosting; database hosting for customer data analysis purposes; database hosting for lead generation purposes; database hosting for vehicle appraisal and valuation purposes; database hosting in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; database installation; database leasing; database maintenance; database support services; database updating; database upgrading; design of software for website development; development of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; development of software for customer data analysis purposes; development of software for lead generation purposes; development of software for vehicle appraisal and valuation purposes; development of software for website development; hosting of software for website development; hosting websites for customer data analysis purposes; hosting websites for lead generation purposes; hosting websites for vehicle appraisal and valuation purposes; hosting websites in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; leasing of software for customer data analysis purposes; leasing of software for lead generation purposes; leasing of software for vehicle appraisal and valuation purposes; leasing of software for website development; maintenance of software for website development; programming of software for website development; providing information about and consulting services related to software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; providing online non-downloadable software for use in customer relationship management; providing online non-downloadable software for use in customer relationship management, namely, lead generation purposes; providing online non-downloadable software for use in customer relationship management, namely, customer data analysis purposes; providing online non-downloadable software for use in customer relationship management, namely, vehicle appraisal and valuation purposes; providing online non-downloadable software for use in customer relationship management, namely, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; providing temporary use of non-downloadable software applications accessible via a website; software as a service; software as a service for customer data analysis and vehicle appraisal and valuation, in order to allow vehicle retailers to identify and provide customers with offers and incentives to renew or replace their vehicles; software as a service for customer data analysis purposes; software as a service for lead generation purposes; software as a service for vehicle appraisal and valuation purposes; software as a service featuring software for advertising, marketing, business development, lead generation, vehicle appraisal and valuation, finance and lending, database access, customer management, customer data analysis, customer offers and incentive programs; software configuration; software customization; software design; software development; software installation; software leasing; software maintenance; software support services; software updating; software upgrading; website design; website development; website hosting; website leasing; website maintenance; website programming; information, advisory and consultancy services in relation to the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number UK0000340367 filed 05/31/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: CHRYSALIS RETAIL SCIENCE LIMITED, a limited liability company legally organized under the laws of United Kingdom, having an address of
      3b Swallowfield Courtyard Wolverhampton
      Oldbury, B692JG
      United Kingdom

Proposed: CHRYSALIS RETAIL SCIENCE LIMITED, a limited liability company legally organized under the laws of United Kingdom, having an address of
      3b Swallowfield Courtyard Wolverhampton
      Oldbury, B692JG
      United Kingdom
      Email Address: Chris.Hawkes@iamstobbs.com

The owner's/holder's current attorney information: Amanda Osorio. Amanda Osorio of REVISION LEGAL, PLLC, is located at

      SUITE D
      444 CASS ST.
      TRAVERSE CITY, Michigan 49684
      United States
      The phone number is 231-714-0100.
      The fax number is 231-714-0200.
      The email address is trademarks@revisionlegal.com

The owner's/holder's proposed attorney information: Amanda Osorio. Other appointed attorneys are Eric Misterovich, John Di Giacomo. Amanda Osorio of REVISION LEGAL, 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

      SUITE D
      444 CASS ST.
      TRAVERSE CITY, Michigan 49684
      United States
      The phone number is 231-714-0100.
      The fax number is 231-714-0200.
      The email address is trademarks@revisionlegal.com

Amanda Osorio 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.Correspondence Information (current):
      AMANDA OSORIO
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@revisionlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): amanda@revisionlegal.com
Correspondence Information (proposed):
      Amanda Osorio
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@revisionlegal.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): amanda@revisionlegal.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Response Signature
Signature: /AMO/     Date: 03/20/2020
Signatory's Name: Amanda Osorio
Signatory's Position: Attorney of record, Michigan bar member

Signatory's Phone Number: 231-714-0100

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:    AMANDA OSORIO
   REVISION LEGAL, PLLC
   SUITE D
   444 CASS ST.
   TRAVERSE CITY, Michigan 49684
Mailing Address:    Amanda Osorio
   REVISION LEGAL, PLLC
   SUITE D
   444 CASS ST.
   TRAVERSE CITY, Michigan 49684
        
Serial Number: 88454749
Internet Transmission Date: Fri Mar 20 11:52:22 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-202003201152225
80878-88454749-7101817789b1d69d2e6abba4c
30b89674b5232f7c5c121fef70b6b02795887aac
8-N/A-N/A-20200320112145686269