Response to Office Action

TACO BELL

TACO BELL IP HOLDER, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88585326
LAW OFFICE ASSIGNED LAW OFFICE 123
MARK SECTION
MARK http://uspto.report/TM/88585326/mark.png
LITERAL ELEMENT TACO BELL
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION Downloadable software in the nature of a mobile application
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/00/2014
        FIRST USE IN COMMERCE DATE At least as early as 10/00/2014
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable software in the nature of a mobile application; Downloadable software in the nature of a mobile application for viewing restaurant menu and nutritional information; creating user accounts; ordering food; monitoring the status of food orders; finding restaurant locations; accessing information about restaurants and order history; receiving notifications about orders, promotions, and discounts; receiving email and push notifications; paying for orders; retrieving special offers; and administration of a customer loyalty program that provides customers with free and discounted menu items, coupons, gift certificates, prizes, and preferred access to restaurant goods and services
FINAL DESCRIPTION
Downloadable software in the nature of a mobile application for viewing restaurant menu and nutritional information; creating user accounts; ordering food; monitoring the status of food orders; finding restaurant locations; accessing information about restaurants and order history; receiving notifications about orders, promotions, and discounts; receiving email and push notifications; paying for orders; retrieving special offers; and administration of a customer loyalty program that provides customers with free and discounted menu items, coupons, gift certificates, prizes, and preferred access to restaurant goods and services
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/00/2014
       FIRST USE IN COMMERCE DATE At least as early as 10/00/2014
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use TACO apart from the mark as shown.
SIGNATURE SECTION
RESPONSE SIGNATURE /Margaret Mettler/
SIGNATORY'S NAME Margaret Mettler
SIGNATORY'S POSITION Assistant Secretary
SIGNATORY'S PHONE NUMBER 972-338-6913
DATE SIGNED 01/15/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 15 16:02:14 EST 2020
TEAS STAMP USPTO/ROA-XXX.XXX.X.XX-20
200115160214914562-885853
26-700cb10f6565b55d83216c
60d0acd8ea56d7d327a6bba3a
b2b4db7b824865c33-N/A-N/A
-20200115151203436399



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. 88585326 TACO BELL(Standard Characters, see http://uspto.report/TM/88585326/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 009 for Downloadable software in the nature of a mobile application
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2014 and first used in commerce at least as early as 10/00/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable software in the nature of a mobile application; Downloadable software in the nature of a mobile application for viewing restaurant menu and nutritional information; creating user accounts; ordering food; monitoring the status of food orders; finding restaurant locations; accessing information about restaurants and order history; receiving notifications about orders, promotions, and discounts; receiving email and push notifications; paying for orders; retrieving special offers; and administration of a customer loyalty program that provides customers with free and discounted menu items, coupons, gift certificates, prizes, and preferred access to restaurant goods and servicesClass 009 for Downloadable software in the nature of a mobile application for viewing restaurant menu and nutritional information; creating user accounts; ordering food; monitoring the status of food orders; finding restaurant locations; accessing information about restaurants and order history; receiving notifications about orders, promotions, and discounts; receiving email and push notifications; paying for orders; retrieving special offers; and administration of a customer loyalty program that provides customers with free and discounted menu items, coupons, gift certificates, prizes, and preferred access to restaurant goods and services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/00/2014 and first used in commerce at least as early as 10/00/2014 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TACO apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Margaret Mettler/     Date: 01/15/2020
Signatory's Name: Margaret Mettler
Signatory's Position: Assistant Secretary

Signatory's Phone Number: 972-338-6913

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.

        
Serial Number: 88585326
Internet Transmission Date: Wed Jan 15 16:02:14 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20200115160214914
562-88585326-700cb10f6565b55d83216c60d0a
cd8ea56d7d327a6bba3ab2b4db7b824865c33-N/
A-N/A-20200115151203436399



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