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 |
88617920 |
LAW OFFICE ASSIGNED |
LAW OFFICE 116 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88617920/mark.png |
LITERAL ELEMENT |
REVENUE ACCELERATOR |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
Color is not claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the mark consists of the words revenue accelerator together with a design comprised of four triangular shapes. |
ARGUMENT(S) |
The examiner has refused registration on the basis of likelihood of confusion with prior registration no. 4337832 (the "Cited Registration"). Since
the issuance of the present office action, the Cited Registration has been CANCELLED for failure to file a Section 8 declaration. Accordingly, the Cited Registration is no longer a bar to Applicant's
registration of the present application. Applicant respectfully requests the examiner to withdraw the refusal to register on the basis of likelihood fo confusion with the Cited Registration. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Software as a service (SAAS) services for non-profit organizations featuring software for assisting organizations in achieving
operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content
management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention. Providing consulting services to non-profit
organizations for optimizing the use of enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content management software, and
reporting and data analysis software |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Software as a service (SAAS) services for non-profit organizations featuring software for assisting
organizations in achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing
software, website content management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention. Providing
consulting services to non-profit organizations for optimizing the use of enterprise-class operations software, fundraising software, accounting software, online financial processing software,
website content management software, and reporting and data analysis software; Software as a service (SAAS) services for non-profit organizations featuring
software for assisting organizations in achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online
financial processing software, website content management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and
retention; providing computer software consultation to non-profit organizations in the field of optimizing the use of enterprise-class operations software,
fundraising software, website content management software, and reporting and data analysis software |
FINAL DESCRIPTION |
Software as a service (SAAS) services for non-profit organizations featuring software for assisting organizations in achieving
operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content
management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention; providing computer software consultation to
non-profit organizations in the field of optimizing the use of enterprise-class operations software, fundraising software, website content management software, and reporting and data analysis
software |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
DISCLAIMER |
No claim is made to the exclusive right to use REVENUE apart from the mark as shown. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Blake Goodsell/ |
SIGNATORY'S NAME |
Blake Goodsell |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
2053831478 |
DATE SIGNED |
01/15/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jan 16 11:11:58 EST 2020 |
TEAS STAMP |
USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXX:XXXX:XXXX-2
0200116111158647589-88617
920-700405bdedec6a38816be
0e5c67cd780191e3d4cd9e367
9143ffc13ba085924ce-N/A-N
/A-20200114172336141177 |
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.
88617920 REVENUE ACCELERATOR (Stylized and/or with Design, see http://uspto.report/TM/88617920/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examiner has refused registration on the basis of likelihood of confusion with prior registration no. 4337832 (the "Cited Registration"). Since the issuance of the present office action, the
Cited Registration has been CANCELLED for failure to file a Section 8 declaration. Accordingly, the Cited Registration is no longer a bar to Applicant's registration of the present application.
Applicant respectfully requests the examiner to withdraw the refusal to register on the basis of likelihood fo confusion with the Cited Registration.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service (SAAS) services for non-profit organizations featuring software for assisting organizations in achieving operational efficiency and strategic
objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content management software, reporting and data
analysis software, and software for customer relationship management and driving member engagement and retention. Providing consulting services to non-profit organizations for optimizing the use of
enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content management software, and reporting and data analysis
software
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 for non-profit organizations featuring software for assisting organizations in achieving
operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content
management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention. Providing consulting services to non-profit
organizations for optimizing the use of enterprise-class operations software, fundraising software, accounting software, online financial processing software, website content management software, and
reporting and data analysis software;
Software as a service (SAAS) services for non-profit organizations featuring software for assisting organizations in
achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website
content management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention;
providing computer software consultation to non-profit organizations in the field of optimizing the use of enterprise-class operations software, fundraising software, website content
management software, and reporting and data analysis softwareClass 042 for Software as a service (SAAS) services for non-profit organizations featuring software for assisting organizations in
achieving operational efficiency and strategic objectives, namely, enterprise-class operations software, fundraising software, accounting software, online financial processing software, website
content management software, reporting and data analysis software, and software for customer relationship management and driving member engagement and retention; providing computer software
consultation to non-profit organizations in the field of optimizing the use of enterprise-class operations software, fundraising software, website content management software, and reporting and data
analysis software
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.
ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use REVENUE apart from the mark as shown.
SIGNATURE(S)
Response Signature
Signature: /Blake Goodsell/ Date: 01/15/2020
Signatory's Name: Blake Goodsell
Signatory's Position: Attorney of Record
Signatory's Phone Number: 2053831478
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: 88617920
Internet Transmission Date: Thu Jan 16 11:11:58 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXX:X
XXX:XXXX-20200116111158647589-88617920-7
00405bdedec6a38816be0e5c67cd780191e3d4cd
9e3679143ffc13ba085924ce-N/A-N/A-2020011
4172336141177