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. 88577232 SMARTSCORE(Standard Characters, see http://uspto.report/TM/88577232/mark.png) has been amended as follows:

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



EVIDENCE
Evidence has been attached: Applicant's remarks in response to the Office Action.
Original PDF file:
evi_736517999-20200515215 010070081_._Office_Action _Response_SST0003TM09.pdf
Converted PDF file(s) ( 3 pages) Evidence-1Evidence-2Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software; Downloadable software for tracking analytics and metrics; Downloadable software in the field of mental health and well-being; Downloadable software for use in tracking analytics and metrics in the field of mental health and well-being; Downloadable software for tracking analytics and metrics relating to confidence, energy, mood, self-esteem, stress, eating habits, physical activity, sleep, socialization, and planned activities
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: Downloadable software; Downloadable software for use in tracking analytics and metrics in the field of mental health and well-being; Downloadable software for tracking analytics and metrics; Downloadable software for tracking analytics and metrics relating to confidence, energy, mood, self-esteem, stress, eating habits, physical activity, sleep, socialization, and planned activities; Downloadable software in the field of mental health and well-beingClass 009 for Downloadable software for use in tracking analytics and metrics in the field of mental health and well-being; Downloadable software for tracking analytics and metrics relating to confidence, energy, mood, self-esteem, stress, eating habits, physical activity, sleep, socialization, and planned activities
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: Smart Score Technologies, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      2094 West Sunflower Lane
      Mapleton, Utah 84664
      United States

Proposed: Smart Score Technologies, LLC, a limited liability company legally organized under the laws of Utah, having an address of
      2094 West Sunflower Lane
      Mapleton, Utah 84664
      United States
      Email Address: XXXX
Correspondence Information (current):
      TERRENCE J. EDWARDS
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@techlawventures.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Terrence.Edwards@techlawventures.com

The docket/reference number is SST-0003TM09.
Correspondence Information (proposed):
      Terrence J. Edwards
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@techlawventures.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Terrence.Edwards@techlawventures.com

The docket/reference number is SST-0003TM09.

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: /Terrence J. Edwards/     Date: 05/15/2020
Signatory's Name: Terrence J. Edwards
Signatory's Position: Attorney of Record, Utah Bar Member

Signatory's Phone Number: 8018547675

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:    TERRENCE J. EDWARDS
   TECHLAW VENTURES, PLLC
   
   3290 W. MAYFLOWER AVE.
   LEHI, Utah 84043
Mailing Address:    Terrence J. Edwards
   TECHLAW VENTURES, PLLC
   3290 W. MAYFLOWER AVE.
   LEHI, Utah 84043
        
Serial Number: 88577232
Internet Transmission Date: Fri May 15 21:57:21 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200515215721377
547-88577232-71061ce1bc846b1508bbf8effdd
fe7ead7d86a6ab7bb37d2b43346b5b2f1eb45da-
N/A-N/A-20200515215010070081