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. 88490991 MYCHOICE (Stylized and/or with Design, see http://uspto.report/TM/88490991/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for Software as a service (SAAS) services featuring software for providing information and administration of employee benefits plans; Platform as a service (PAAS) featuring computer software platforms for providing information and administration of employee benefits plans
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: Software as a service (SAAS) services featuring software for providing information and administration of employee benefits plans; Software as a service (SAAS) services featuring software for providing employee benefit plan information and for accessing employee benefit plan information; Platform as a service (PAAS) featuring computer software platforms for providing information and administration of employee benefits plans; Platform as a service (PAAS) featuring computer software platforms for providing employee benefit plan information and for accessing employee benefit plan informationClass 042 for Software as a service (SAAS) services featuring software for providing employee benefit plan information and for accessing employee benefit plan information; Platform as a service (PAAS) featuring computer software platforms for providing employee benefit plan information and for accessing employee benefit plan information
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Businessolver.com, Inc., a corporation of Delaware, having an address of
      1025 Ashworth Rd., Suite 101
      West Des Moines, Iowa 50265
      United States
      Email Address: akerndt@nyemaster.com

Proposed: Businessolver.com, Inc., a corporation of Delaware, having an address of
      1025 Ashworth Rd., Suite 101
      West Des Moines, Iowa 50265
      United States
      Email Address: ptomail@nyemaster.com

The owner's/holder's current attorney information: Allison E. Kerndt. Allison E. Kerndt of NYEMASTER GOODE, P.C., is located at

      700 WALNUT STREET #1600
      DES MOINES, Iowa 50309
      United States
      The phone number is 515-283-3193.
      The email address is akerndt@nyemaster.com

The owner's/holder's proposed attorney information: Allison E. Kerndt. Allison E. Kerndt of NYEMASTER GOODE, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      700 WALNUT STREET #1600
      DES MOINES, Iowa 50309
      United States
      The phone number is 515-283-3193.
      The email address is akerndt@nyemaster.com

Allison E. Kerndt 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):
      ALLISON E. KERNDT
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomail@nyemaster.com; epolzin@nyemaster.com
Correspondence Information (proposed):
      Allison E. Kerndt
      PRIMARY EMAIL FOR CORRESPONDENCE: akerndt@nyemaster.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomail@nyemaster.com; epolzin@nyemaster.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).

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "MYCHOICE" with a piggy bank within the letter O.

SIGNATURE(S)
Response Signature
Signature: /Allison E. Kerndt/     Date: 03/24/2020
Signatory's Name: Allison E. Kerndt
Signatory's Position: Attorney of record, Iowa bar member

Signatory's Phone Number: 515-283-3193

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:    ALLISON E. KERNDT
   NYEMASTER GOODE, P.C.
   
   700 WALNUT STREET #1600
   DES MOINES, Iowa 50309
Mailing Address:    Allison E. Kerndt
   NYEMASTER GOODE, P.C.
   700 WALNUT STREET #1600
   DES MOINES, Iowa 50309
        
Serial Number: 88490991
Internet Transmission Date: Tue Mar 24 23:18:16 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200324231816584325-88490991-
71021f151fd976d6f81afc6adb343b186121b233
84d96feeb1b11745444655ece0-N/A-N/A-20200
324231545256100