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. 88496647 GUSTO CASHOUT(Standard Characters, see http://uspto.report/TM/88496647/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 Credit and loan services; payday loan services; payday advancement services; administration and management of lending programs; administration and management of payday loans and payday advancements; providing a website featuring information in the field of payday loans and payday advancements
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: Credit and loan services; payday loan services; credit services for consumers based on future paychecks; payday advancement services; administration and management of lending programs; administration and management of credit services for consumers based on future paychecks; administration and management of payday loans and payday advancements; providing a website featuring information in the field of credit services for consumers based on future paychecks or future wage access; providing a website featuring information in the field of payday loans and payday advancementsClass 036 for Credit and loan services; credit services for consumers based on future paychecks; administration and management of lending programs; administration and management of credit services for consumers based on future paychecks; providing a website featuring information in the field of credit services for consumers based on future paychecks or future wage access
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 042 for Software as a service (SAAS) services featuring cloud-based software for use in payroll administration and management; software as a service (SAAS) services featuring cloud-based software for use in lending program administration and management; software as a service (SAAS) services featuring cloud-based software for use in the administration and issuance of payday loans and payday advancements; software as a service (SAAS) services featuring cloud-based software for use in requesting and obtaining payday loans and payday advancements
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: Software as a service (SAAS) services featuring cloud-based software for use in payroll administration and management; software as a service (SAAS) services featuring cloud-based software for use in lending program administration and management; software as a service (SAAS) services featuring cloud-based software for use in the administration and issuance of payday loans and payday advancements; software as a service (SAAS) services featuring cloud-based software for use in the administration and issuance of credit services for consumers based on future paychecks; software as a service (SAAS) services featuring cloud-based software for use in requesting and obtaining payday loans and payday advancements; software as a service (SAAS) services featuring cloud-based software for use in requesting and obtaining credit services for consumers based on future paychecksClass 042 for Software as a service (SAAS) services featuring cloud-based software for use in payroll administration and management; software as a service (SAAS) services featuring cloud-based software for use in lending program administration and management; software as a service (SAAS) services featuring cloud-based software for use in the administration and issuance of credit services for consumers based on future paychecks; software as a service (SAAS) services featuring cloud-based software for use in requesting and obtaining credit services for consumers based on future paychecks
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: Connie Ellerbach. Connie Ellerbach of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      US
The docket/reference number is 29740-00070.

The phone number is 650-988-8500.

The email address is trademarks@fenwick.com

The applicants proposed attorney information: Connie Ellerbach. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Connie Ellerbach of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 29740-00070.

The phone number is 650-988-8500.

The email address is trademarks@fenwick.com

Connie Ellerbach 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: CONNIE ELLERBACH. CONNIE ELLERBACH of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      US
The docket/reference number is 29740-00070.

The phone number is 650-988-8500.

The email address is trademarks@fenwick.com

The applicants proposed correspondence information: Connie Ellerbach. Connie Ellerbach of FENWICK & WEST LLP, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 29740-00070.

The phone number is 650-988-8500.

The email address is trademarks@fenwick.com

SIGNATURE(S)
Response Signature
Signature: /Matthew Slevin/     Date: 12/10/2019
Signatory's Name: Matthew Slevin
Signatory's Position: Attorney for Applicant, CA bar member

Signatory's Phone Number: 650-988-8500

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:    CONNIE ELLERBACH
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
Mailing Address:    Connie Ellerbach
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
        
Serial Number: 88496647
Internet Transmission Date: Tue Dec 10 13:44:57 EST 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20191210134457968
391-88496647-7002ddba1543a6f1727ff770174
6c7efe5ede3e78ba141693a2999cc29edd74a16-
N/A-N/A-20191210092451237353