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. 88658646 INTUIT(Standard Characters, see http://uspto.report/TM/88658646/mark.png) has been amended as follows:

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

In response to the January 8, 2020, Applicant is amending portions of the identification of goods and services to provide further specificity, stating which portions of the application are based on Trademark Act Section 1(a) and which on Section 1(b), providing the requisite declaration, and clarifying that Applicant wishes to maintain priority under Section 44 (d), but will not rely on the foreign registration as a basis of registration under Section 44(e).

Applicant has not amended portions of the Class 35 identification of services because the Trademark Office found the specification acceptable in Applicant’s PROSPERITY HUB application 88366598 and INTUIT Reg. No. 3039919.

In addition, Applicant requests that the Examining Attorney withdraw the Section 2(d) refusals as explained below.

Classes 9, 16, 35, 41 and 42 – The Examining Attorney cites Reg. No. 4164823 for In2Wit to block registration of Applicant’s mark for portions of the identification of goods and services in Classes 9, 16, 35, 41 and 42. Applicant requests that the Examining Attorney withdraw the refusal. Applicant has further specified the goods and services identified in its application. Further, Applicant owns Reg. Nos. 1821148, 2729119, 2729359, 2771743 and 3850588 for INTUIT in Class 9, all of which pre-date Reg. No. 4164823 for In2Wit. Applicant owns Reg. Nos. 1840504, 2729122 and 3850589 for INTUIT in Class 16, all of which pre-date Reg. No. 4164823 for In2Wit. Applicant owns Reg. Nos. 2729121, 2771349 and 3850590 for INTUIT in Class 35, all of which pre-date Reg. No. 4164823 for In2Wit. Applicant owns Reg. Nos. 2920336 and 3857355 for INTUIT in Class 42, both of which pre-date Reg. No. 4164823 for In2Wit. Applicant requests that the Examining Attorney withdraw the citation based on Reg. No. 5408527 for IN2IT (stylized) because Applicant has further specified the goods and services in its application and because Applicant owns relevant INTUIT registrations that pre-date the cited registration. By allowing registration of Reg. No. 4164823 for In2Wit in light of Applicant’s INTUIT registrations, the Trademark Office has already deemed that no likelihood of confusion exists.

Classes 18 and 25 – The Examining Attorney cites Reg. No. 5408527 for IN2IT (stylized) for “luggage; travel bags” to block registration of Applicant’s INTUIT mark in Classes 18 and 25. Applicant owns Reg. No. 2729118 for the mark INTUIT for “clothing, namely, t-shirts, jackets, dress shirts, polo shirts, hats and baseball caps”, applied for and registered prior to the cited Reg. No. 5408527 for IN2IT (stylized). In addition, Applicant owns Reg. No. 5144186 for the INTUIT mark covering “bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; bags and cases specially adapted for holding or carrying mobile phones, mobile electronic devices, computers, tablet computers, electronic devices, cameras, and electronic accessories and electronic equipment; computer bags”, applied for and registered prior to the cited Reg. No. 5408527 for IN2IT (stylized). Applicant requests that the Examining Attorney withdraw the citation based on Reg. No. 5408527 for IN2IT (stylized) because Applicant owns relevant INTUIT registrations that pre-date the cited registration. By allowing registration of Reg. No. 5408527 for IN2IT (stylized) in light of Applicant’s INTUIT registrations, the Trademark Office has already deemed that no likelihood of confusion exists.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Open source software; research, audiovisual, detecting, testing, inspecting apparatus and instruments; apparatus for recording, transmitting, reproducing or processing data; apparatus for processing sound or images; instruments for recording, transmitting, reproducing or processing sound, images or data; recorded and downloadable media; computer software to communicate with and control machines and other apparatus; computer software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines; blank digital or analogue recording and storage media; electronic publications; sun glasses; sports' glasses; smart glasses; virtual reality glasses and headsets; virtual reality models; virtual reality software for simulation; mobile application software for interacting with and operating machines and apparatus; Scientific, navigation, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus for recording, transmitting, reproducing sound, or images; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devices
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Open source software; (Based on Use) Open source software, namely, software development tools and software for use in developing user-interfaces; research, audiovisual, detecting, testing, inspecting apparatus and instruments; open source software for use in deploying, scaling, and managing containerized software applications; apparatus for recording, transmitting, reproducing or processing data; open source software for use in software change management and software release management; apparatus for processing sound or images; open source software for use in web services testing; instruments for recording, transmitting, reproducing or processing sound, images or data; open source software for use in designing, creating, connecting and integrating software applications; recorded and downloadable media; downloadable electronic publications, namely newsletters and instructional manuals in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; computer software to communicate with and control machines and other apparatus; downloadable electronic publications, namely user manuals for computer software; computer software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines; cash registers; blank digital or analogue recording and storage media; computer peripheral devices; electronic publications; computers, namely handheld pin pads for credit card processing; sun glasses; (Based on Intent to Use) Downloadable computer software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines, namely wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; sports' glasses; downloadable mobile application software for interacting with and operating machines and apparatus, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; smart glasses; calculating devices, namely calculating machines; virtual reality glasses and headsets; virtual reality models; virtual reality software for simulation; mobile application software for interacting with and operating machines and apparatus; Scientific, navigation, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity; apparatus for recording, transmitting, reproducing sound, or images; mechanisms for coin-operated apparatus; cash registers, calculating devices; computers and computer peripheral devicesClass 009 for (Based on Use) Open source software, namely, software development tools and software for use in developing user-interfaces; open source software for use in deploying, scaling, and managing containerized software applications; open source software for use in software change management and software release management; open source software for use in web services testing; open source software for use in designing, creating, connecting and integrating software applications; downloadable electronic publications, namely newsletters and instructional manuals in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; downloadable electronic publications, namely user manuals for computer software; cash registers; computer peripheral devices; computers, namely handheld pin pads for credit card processing; (Based on Intent to Use) Downloadable computer software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines, namely wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; downloadable mobile application software for interacting with and operating machines and apparatus, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; calculating devices, namely calculating machines
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 00/00/2002 and first used in commerce at least as early as 00/00/2002 , and is now in use in such commerce.
In International Class 009, the mark was first used at least as early as 00/00/2002 and first used in commerce at least as early as 00/00/2002.

Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of screenshot of first page of downloadable electronic publication that displays the mark. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following goods: cash registers; computer peripheral devices; computers, namely handheld pin pads for credit card processing..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-839136204-2020070817 4001453807_._Class_9_spec imen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 1 page) Specimen File1

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 016 for Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office requisites; adhesives for stationery or household purposes; drawing materials and materials for artists; instructional and teaching materials; plastic sheets, films and bags for wrapping and packaging; printers' type, printing blocks; pens; journals; instruction manuals; user manuals; promotional publications; catalogs; catalogs relating to hardware, equipment and apparatus; note pads; adhesive note pads; Envelopes; blank checks; business forms; accounting forms; printed forms and partially printed forms; catalogs in the field of finance and accounting, office supplies and desktop software; endorsement and ink stamps; rubber stamps; stationery paper; address and mailing labels; binders; business cards; cards bearing universal greetings; check holders; file boxes for storage of business and personal checks and records; tax forms
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Paper and cardboard; (Based on Use): Printed matter, namely bookkeeping forms, invoice forms, voucher checks, business wallet checks, manual business checks, secure checks, tax return folders, tax filing envelopes, tax organizer envelopes, deposit slips, bank deposit bags; printed matter; stationery and office requisites, namely blank laser and inkjet labels; bookbinding material; instructional and teaching materials; photographs; pens; stationery and office requisites; blank journals; adhesives for stationery or household purposes; Envelopes; drawing materials and materials for artists; blank checks; business forms; plastic sheets, films and bags for wrapping and packaging; accounting forms; printers' type, printing blocks; printed forms and partially printed forms; endorsement and ink stamps; journals; rubber stamps; instruction manuals; stationery paper; user manuals; address and mailing labels; promotional publications; binders; catalogs; check holders; catalogs relating to hardware, equipment and apparatus; file boxes for storage of business and personal checks and records; note pads; tax forms; (Based on Intent to Use) Note pads; adhesive note pads; catalogs in the field of finance and accounting, office supplies and desktop software; business cards; cards bearing universal greetingsClass 016 for (Based on Use): Printed matter, namely bookkeeping forms, invoice forms, voucher checks, business wallet checks, manual business checks, secure checks, tax return folders, tax filing envelopes, tax organizer envelopes, deposit slips, bank deposit bags; stationery and office requisites, namely blank laser and inkjet labels; instructional and teaching materials; pens; blank journals; Envelopes; blank checks; business forms; accounting forms; printed forms and partially printed forms; endorsement and ink stamps; rubber stamps; stationery paper; address and mailing labels; binders; check holders; file boxes for storage of business and personal checks and records; tax forms; (Based on Intent to Use) Note pads; adhesive note pads
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 01/27/1984 and first used in commerce at least as early as 01/27/1984 , and is now in use in such commerce.
In International Class 016, the mark was first used at least as early as 01/27/1984 and first used in commerce at least as early as 01/27/1984.

Applicant hereby submits one(or more) specimen(s) for Class 016. The specimen(s) submitted consists of web page screen shots of electronic displays associated with the goods. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following goods: envelopes, blank checks, business forms, accounting forms, printed forms and partially printed forms..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-839136204-2020070817 4001453807_._Class_16_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 1 page) Specimen File1

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 018 for Luggage and carrying bags; umbrellas and parasols; walking sticks; clothing for animals; tote bags; brief cases; bags; travel bags; sports bags; backpacks; handbags, purses, wallets; cases for keys; cases for business cards
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Luggage and carrying bags; (Based on Use): Carrying bags namely, reusable textile produce bags to carry produce from grocery stores and farmer's markets; umbrellas and parasols; tote bags; bags namely reusable shopping bags; travel bags; sports bags; backpacks; bags; laptop bags; (Based on Intent to Use) Umbrellas and parasols; walking sticks; clothing for animals; brief cases; toiletry bags sold empty, waist bags, overnight bags and weekend bags; handbags, purses, wallets; cases for keys; cases for business cardsClass 018 for (Based on Use): Carrying bags namely, reusable textile produce bags to carry produce from grocery stores and farmer's markets; tote bags; bags namely reusable shopping bags; travel bags; sports bags; backpacks; laptop bags; (Based on Intent to Use) Umbrellas and parasols; walking sticks; clothing for animals; brief cases; toiletry bags sold empty, waist bags, overnight bags and weekend bags; handbags, purses, wallets; cases for keys; cases for business cards
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 05/12/2015 and first used in commerce at least as early as 05/12/2015 , and is now in use in such commerce.
In International Class 018, the mark was first used at least as early as 05/12/2015 and first used in commerce at least as early as 05/12/2015.

Applicant hereby submits one(or more) specimen(s) for Class 018. The specimen(s) submitted consists of printouts of pages from online catalogs dated 2/11/2016. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following goods: laptop bags..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU2-839136204-2020070817 4001453807_._Class_18_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 021 for Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; articles for cleaning purposes; glassware, porcelain and earthenware; cups; mugs; travel mugs; non-electric portable coolers; water bottles sold empty; drinking bottles for sports; tumblers
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:
Class 021 for Household or kitchen utensils and containers; cookware and tableware, except forks, knives and spoons; articles for cleaning purposes; glassware, porcelain and earthenware; cups; mugs; travel mugs; non-electric portable coolers; water bottles sold empty; drinking bottles for sports; tumblers
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 025 for Clothing; footwear; headwear; tank-tops; shirts; sports kits and jerseys; sweaters; outerwear; coats; vests; pullovers; uniforms; uniforms for commercial use; socks; golf caps; t-shirts; dress shirts; polo shirts; jackets; hats and baseball caps
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Clothing; (Based on Use) Clothing, namely fleece tops; headwear; tank-tops; shirts; sports kits and jerseys; sweaters; outerwear, namely gloves; outerwear; coats; vests; pullovers; socks; uniforms; golf caps; t-shirts; dress shirts; polo shirts; jackets; hats and baseball cap; (Based on Intent to Use) uniforms; uniforms for commercial use; hats and baseball caps; footwearClass 025 for (Based on Use) Clothing, namely fleece tops; headwear; tank-tops; shirts; sports kits and jerseys; sweaters; outerwear, namely gloves; coats; vests; pullovers; socks; golf caps; t-shirts; dress shirts; polo shirts; jackets; hats and baseball cap; (Based on Intent to Use) uniforms; uniforms for commercial use; footwear
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 00/00/1984 and first used in commerce at least as early as 00/00/1984 , and is now in use in such commerce.
In International Class 025, the mark was first used at least as early as 00/00/1984 and first used in commerce at least as early as 00/00/1984.

Applicant hereby submits one(or more) specimen(s) for Class 025. The specimen(s) submitted consists of point of sale web page from 5/31/2013. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following goods: Clothing, namely, t-shirts, jackets, dress shirts, polo shirts, hats and baseball caps..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU4-839136204-2020070817 4001453807_._Class_25_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 028 for Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees; golf tees; golf balls
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:
Class 028 for Games, toys and playthings; video game apparatus; gymnastic and sporting articles; decorations for Christmas trees; golf tees; golf balls
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 035 for Business administration services in the field of programs to promote community development; Promoting business, economic, and community development; Promoting economic development in underprivileged, underserved and disadvantaged regions; Business collaboration services, including, collaboration with public, private and philanthropic sectors for purposes of job creation, economic development, and creating opportunities for underserved markets; arranging commercial partnerships to promote access to education, career training and careers in traditionally underserved communities; organizing and developing employment development projects that aim to improve job opportunities for underprivileged communities; providing employment counseling information on how to successfully transition jobs; promoting public awareness of the interests of economically-distressed, underserved and disadvantaged communities; public policy research and consultancy services; promoting public awareness of sustainability, hunger, food waste and environmental issues and initiatives; promoting public awareness of sustainability in the supply chain; customer loyalty programs; customer club services; administration of discount programs for enabling participants to obtain discounts on the goods and services of others; administration of contests for advertising purposes; inventory management; inventory management of parts and components for manufacturers, suppliers, dealers and distributors; restaurant management; supply chain management; recruitment services; employee and university recruitment; public relations services; organization of exhibitions and events for commercial or advertising purposes; organization of exhibits, conferences and events for retailers, dealers and distributors; business management for retail outlets, dealers and distributors; consumer experience development; promotional services; providing home warranty and extended warranty services; services for matching small businesses seeking capital with lenders, investors and other sources of capital; Advertising; business management; business administration; office functions; Providing volunteer services to non-profit organizations in a wide variety of fields; providing computer software, business management services, tax preparation and filing services, and training and technical support to non-profit organizations, individuals and small businesses; arranging and conducting business conferences
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Business administration services in the field of programs to promote community development; (Based on Use) Business administration services in the field of programs to promote community development; Promoting business, economic, and community development; Promoting economic development in underprivileged, underserved and disadvantaged regions; Business collaboration services, including, collaboration with public, private and philanthropic sectors for purposes of job creation, economic development, and creating opportunities for underserved markets; Business collaboration services, namely consulting with public, private and philanthropic sectors for purposes of job creation, economic development, and creating opportunities for underserved markets; arranging commercial partnerships to promote access to education, career training and careers in traditionally underserved communities; business collaboration services, namely, arranging commercial partnerships to promote access to education, career training and careers in traditionally underserved communities; organizing and developing employment development projects that aim to improve job opportunities for underprivileged communities; providing employment counseling information on how to successfully transition jobs; promoting public awareness of the interests of economically-distressed, underserved and disadvantaged communities; public policy research and consultancy services; promoting public awareness of sustainability, hunger, food waste and environmental issues and initiatives; promoting public awareness of sustainability in the supply chain; customer loyalty programs; customer loyalty programs, namely customer loyalty services for commercial, promotional and/or advertising purposes that provides a variety of amenities to member accounting professionals, computer consultants, tax professionals, and business consultants; customer club services; customer club services for commercial, promotional and advertising purposes; administration of discount programs for enabling participants to obtain discounts on the goods and services of others; administration of contests for advertising purposes; advertising services, namely, administration of contests for advertising purposes; inventory management; organization of exhibitions and events for commercial or advertising purposes; inventory management of parts and components for manufacturers, suppliers, dealers and distributors; organization of exhibits, conferences and events for retailers, dealers and distributors; restaurant management; providing business advice and information in the field of consumer experience development; supply chain management; promotional services; recruitment services; business services, namely, matching small businesses seeking capital with lenders, investors and other sources of capital; employee and university recruitment; Advertising; business management; business administration; providing office functions; business management for retail outlets, dealers and distributors; charitable services, namely, providing volunteer services to non-profit organizations in a wide variety of fields; consumer experience development; providing computer software, business management services, tax preparation and filing services, and training and technical support to non-profit organizations, individuals and small businesses; arranging and conducting business conferences; providing home warranty and extended warranty services; (Based on Intent to Use) supply chain management services; services for matching small businesses seeking capital with lenders, investors and other sources of capital; employee and university recruitment, namely personnel recruitment; public relations services; office functions; Providing volunteer services to non-profit organizations in a wide variety of fieldsClass 035 for (Based on Use) Business administration services in the field of programs to promote community development; Promoting business, economic, and community development; Promoting economic development in underprivileged, underserved and disadvantaged regions; Business collaboration services, namely consulting with public, private and philanthropic sectors for purposes of job creation, economic development, and creating opportunities for underserved markets; business collaboration services, namely, arranging commercial partnerships to promote access to education, career training and careers in traditionally underserved communities; organizing and developing employment development projects that aim to improve job opportunities for underprivileged communities; providing employment counseling information on how to successfully transition jobs; promoting public awareness of the interests of economically-distressed, underserved and disadvantaged communities; public policy research and consultancy services; promoting public awareness of sustainability, hunger, food waste and environmental issues and initiatives; promoting public awareness of sustainability in the supply chain; customer loyalty programs, namely customer loyalty services for commercial, promotional and/or advertising purposes that provides a variety of amenities to member accounting professionals, computer consultants, tax professionals, and business consultants; customer club services for commercial, promotional and advertising purposes; administration of discount programs for enabling participants to obtain discounts on the goods and services of others; advertising services, namely, administration of contests for advertising purposes; organization of exhibitions and events for commercial or advertising purposes; organization of exhibits, conferences and events for retailers, dealers and distributors; providing business advice and information in the field of consumer experience development; promotional services; business services, namely, matching small businesses seeking capital with lenders, investors and other sources of capital; Advertising; business management; business administration; providing office functions; charitable services, namely, providing volunteer services to non-profit organizations in a wide variety of fields; providing computer software, business management services, tax preparation and filing services, and training and technical support to non-profit organizations, individuals and small businesses; arranging and conducting business conferences; (Based on Intent to Use) supply chain management services; employee and university recruitment, namely personnel recruitment; public relations services
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 01/25/1999 and first used in commerce at least as early as 01/25/1999 , and is now in use in such commerce.
In International Class 035, the mark was first used at least as early as 01/25/1999 and first used in commerce at least as early as 01/25/1999.

Applicant hereby submits one(or more) specimen(s) for Class 035. The specimen(s) submitted consists of screenshot displaying the mark in promoting the services. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following: business management ..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU6-839136204-2020070817 4001453807_._Class_35_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 036 for Philanthropic foundation services; Insurance; financial lending, including consumer and small business lending services; lease financing; financing relating to hardware, equipment and apparatus; commercial lending services; charitable fundraising; charitable campaign sponsorship services; Philanthropic services concerning monetary donations
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Philanthropic foundation services; (Based on Use) Philanthropic foundation services, namely financial endowment of programs to foster economic empowerment; Insurance; financial lending, namely consumer lending services and small business lending services; financial lending, including consumer and small business lending services; financing relating to hardware, equipment and apparatus; lease financing; commercial lending services; charitable fundraising; charitable campaign sponsorship services; Philanthropic services concerning monetary donations; (Based on Intent to Use) Insurance, namely insurance brokerage services; providing home warranty and extended warranty services.Class 036 for (Based on Use) Philanthropic foundation services, namely financial endowment of programs to foster economic empowerment; financial lending, namely consumer lending services and small business lending services; financing relating to hardware, equipment and apparatus; commercial lending services; charitable fundraising; charitable campaign sponsorship services; Philanthropic services concerning monetary donations; (Based on Intent to Use) Insurance, namely insurance brokerage services; providing home warranty and extended warranty services.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 10/00/1995 and first used in commerce at least as early as 10/00/1995 , and is now in use in such commerce.
In International Class 036, the mark was first used at least as early as 10/00/1995 and first used in commerce at least as early as 10/00/1995.

Applicant hereby submits one(or more) specimen(s) for Class 036. The specimen(s) submitted consists of screenshot displaying the mark in promoting the services and screenshot displaying the mark in rendering the services. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following services: philanthropic services concerning monetary donations..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU7-839136204-2020070817 4001453807_._Class_36_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 037 for Building construction; repair; installation services; installation, maintenance and repair of equipment and apparatus; Installation, maintenance and repair of hardware
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:
Class 037 for Building construction; repair; installation services; installation, maintenance and repair of equipment and apparatus; Installation, maintenance and repair of hardware
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 041 for Providing entertainment; educational services in the area of restaurant business management; educational services in the area of poverty elimination, including, conducting classes, workshops, seminars, conferences, webcasts, webinars, podcasts and programs in the field of health security, economic empowerment for underprivileged communities and community investment and community leadership development; arranging and conducting contests; organizing exhibitions and conferences in the fields of culture, sports and entertainment for non-business and non-commercial purposes; online publications; sweepstake services; Sporting and cultural activities; educational and training services in the field of product design, product development and engineering innovation practices; providing online education and training videos in the fields of product design, experience design, product development and innovation practices; publication of editorial and informational content; providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices; providing on-line non-downloadable educational and training articles in the fields of product design, product development and engineering innovation practices
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Providing entertainment; (Based on Use) Providing online publications in the nature of articles and instructional manuals in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; educational services in the area of restaurant business management; providing online education and training videos in the fields of product design, experience design, product development and innovation practices; publication of editorial and informational content, namely, providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices and in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices; providing on-line non-downloadable educational and training articles in the fields of product design, product development and engineering innovation practices; online publications; (Based on Intent to Use) Educational services in the area of restaurant business management; educational services in the area of poverty elimination, including, conducting classes, workshops, seminars, conferences, webcasts, webinars, podcasts and programs in the field of health security, economic empowerment for underprivileged communities and community investment and community leadership development; Sporting and cultural activities; arranging and conducting contests; educational and training services in the field of product design, product development and engineering innovation practices; organizing exhibitions and conferences in the fields of culture, sports and entertainment for non-business and non-commercial purposes; sweepstake services; publication of editorial and informational content; educational and training services in the field of product design, product development and engineering innovation practices.Class 041 for (Based on Use) Providing online publications in the nature of articles and instructional manuals in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing online education and training videos in the fields of product design, experience design, product development and innovation practices; publication of editorial and informational content, namely, providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices and in the fields of accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices; providing on-line non-downloadable educational and training articles in the fields of product design, product development and engineering innovation practices; (Based on Intent to Use) Educational services in the area of restaurant business management; educational services in the area of poverty elimination, including, conducting classes, workshops, seminars, conferences, webcasts, webinars, podcasts and programs in the field of health security, economic empowerment for underprivileged communities and community investment and community leadership development; arranging and conducting contests; organizing exhibitions and conferences in the fields of culture, sports and entertainment for non-business and non-commercial purposes; sweepstake services; educational and training services in the field of product design, product development and engineering innovation practices.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 03/27/2009 and first used in commerce at least as early as 03/27/2009 , and is now in use in such commerce.
In International Class 041, the mark was first used at least as early as 03/27/2009 and first used in commerce at least as early as 03/27/2009.

Applicant hereby submits one(or more) specimen(s) for Class 041. The specimen(s) submitted consists of screenshot displaying the mark in rendering the services. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following services: publication of editorial and informational content, namely, providing a website featuring blogs and on-line non-downloadable articles in the fields of product design, product development and engineering innovation practices..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU9-839136204-2020070817 4001453807_._Class_41_spe cimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 2 pages) Specimen File1Specimen File2

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Applicant proposes to amend the following:

Current:
Class 042 for Industrial design; providing online non-downloadable software to communicate with and control machines and other apparatus; providing online non-downloadable software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines; software as a service (SaaS) featuring cloud computing capabilities; providing online non-downloadable software and software platform services for interacting with mobile devices; public policy think tank services, including providing business development solutions, public policy solutions, new ideas and concepts to accelerate economic development of underprivileged, underserved and disadvantaged regions; research of computer software; providing a website featuring technology for users to download, review, analyze, and comment on experimental software applications, mobile applications, and personal and small business productivity software solutions; providing a website featuring technology for developers to share ideas for new software products and services; providing a website featuring technology that enables users to present proposals to others for comment, and gather feedback from those others about proposals, software development, experimental software applications, mobile applications, and personal small business software productivity solutions and services; providing a website featuring technology that enables users to request and record ideas, suggestions, and comments from other users in the field of experimental software applications, mobile applications, and personal and small business productivity software solutions; providing information in the field of experimental software applications and mobile applications; testing, analysis, and evaluation of the goods of others to assure compliance with industry standards; design services; product design; design consultation; experience design services; architecture services; Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computer hardware and software; design, and development of computer software; electronic storage of data; computer security consultancy services
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Industrial design; (Based on Use) Software as a service (SaaS) featuring cloud computing capabilities for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing online non-downloadable software to communicate with and control machines and other apparatus; providing online non-downloadable software and software platform services for interacting with mobile devices for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing online non-downloadable software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines; public policy think tank services, namely providing business development solutions, public policy solutions, new ideas and concepts to accelerate economic development of underprivileged, underserved and disadvantaged regions; software as a service (SaaS) featuring cloud computing capabilities; research of computer software; providing online non-downloadable software and software platform services for interacting with mobile devices; providing a website featuring technology for users to download, review, analyze, and comment on experimental software applications, mobile applications, and personal and small business productivity software solutions; public policy think tank services, including providing business development solutions, public policy solutions, new ideas and concepts to accelerate economic development of underprivileged, underserved and disadvantaged regions; providing a website featuring technology for developers to share ideas for new software products and services; providing a website featuring technology that enables users to present proposals to others for comment, and gather feedback from those others about proposals, software development, experimental software applications, mobile applications, and personal small business software productivity solutions and services; providing a website featuring technology that enables users to request and record ideas, suggestions, and comments from other users in the field of experimental software applications, mobile applications, and personal and small business productivity software solutions; providing information in the field of experimental software applications and mobile applications; testing, analysis, and evaluation of the goods of others to assure compliance with industry standards; new product design; design and development of computer software; electronic storage of data; design services; computer security consultancy services; product design; (Based on Intent to Use) Industrial design; design consultation; providing online non-downloadable software to communicate with and control machines and other apparatus, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; experience design services; providing online non-downloadable software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; architecture services; design services, namely user experience design services; Scientific and technological services and research and design relating thereto; design consultation, namely, website, software and new product design consultation; industrial analysis and industrial research services; experience design services, namely design of products, processes, services, events and environments based on the quality of the user experience; design and development of computer hardware and software; design consultation, namely, website, software and new product design consultation; design, and development of computer software; experience design services, namely design of products, processes, services, events and environments based on the quality of the user experience; design and development of computer hardwareClass 042 for (Based on Use) Software as a service (SaaS) featuring cloud computing capabilities for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; providing online non-downloadable software and software platform services for interacting with mobile devices for accounting, bookkeeping, financial and business transaction processing management, financial and business transaction management, tax preparation and tax planning, business process management, and financial planning; public policy think tank services, namely providing business development solutions, public policy solutions, new ideas and concepts to accelerate economic development of underprivileged, underserved and disadvantaged regions; research of computer software; providing a website featuring technology for users to download, review, analyze, and comment on experimental software applications, mobile applications, and personal and small business productivity software solutions; providing a website featuring technology for developers to share ideas for new software products and services; providing a website featuring technology that enables users to present proposals to others for comment, and gather feedback from those others about proposals, software development, experimental software applications, mobile applications, and personal small business software productivity solutions and services; providing a website featuring technology that enables users to request and record ideas, suggestions, and comments from other users in the field of experimental software applications, mobile applications, and personal and small business productivity software solutions; providing information in the field of experimental software applications and mobile applications; testing, analysis, and evaluation of the goods of others to assure compliance with industry standards; new product design; design and development of computer software; electronic storage of data; computer security consultancy services; (Based on Intent to Use) Industrial design; providing online non-downloadable software to communicate with and control machines and other apparatus, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; providing online non-downloadable software to allow users to access, interact and interoperate with the internet of things, including networks of physical objects and machines, namely, wearable video display monitors, smart watches, kitchen appliances and household appliances, and residential heating, plumbing, air conditioning, and electrical systems; design services, namely user experience design services; design consultation, namely, website, software and new product design consultation; experience design services, namely design of products, processes, services, events and environments based on the quality of the user experience; design consultation, namely, website, software and new product design consultation; experience design services, namely design of products, processes, services, events and environments based on the quality of the user experience; design and development of computer hardware
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 05/05/2000 and first used in commerce at least as early as 05/05/2000 , and is now in use in such commerce.
In International Class 042, the mark was first used at least as early as 05/05/2000 and first used in commerce at least as early as 05/05/2000.

Applicant hereby submits one(or more) specimen(s) for Class 042. The specimen(s) submitted consists of screenshot displaying the mark in promoting the services. Per TMEP Section 903.08, the date of first use and date of first use in commerce apply to the following services: electronic storage of data..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU10-839136204-202007081 74001453807_._Class_42_sp ecimen_-_INTUIT_88658646.pdf
Converted PDF file(s) ( 3 pages) Specimen File1Specimen File2Specimen File3

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 018053460 filed 04/19/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Intuit Inc., a corporation of Delaware, having an address of
      2535 Garcia Avenue
      Mountain View, California 94043
      United States
      Email Address: XXXX

Proposed: Intuit Inc., a corporation of Delaware, having an address of
      2535 Garcia Avenue
      Mountain View, California 94043
      United States
      Email Address: XXXX

The owner's/holder's current attorney information: Linda G. Henry. Linda G. Henry of FENWICK & WEST LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SILICON VALLEY CENTER
      801 CALIFORNIA STREET
      MOUNTAIN VIEW, California 94041
      United States
The docket/reference number is 20797-00070.
      The phone number is 650-988-8500.
      The fax number is 650-938-5200.
      The email address is trademarks@fenwick.com

The owner's/holder's proposed attorney information: Linda G. Henry. Other appointed attorneys are all other attorneys of Fenwick & West LLP. Linda G. Henry 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 20797-00070.
      The phone number is 650-988-8500.
      The fax number is 650-938-5200.
      The email address is trademarks@fenwick.com

Linda G. Henry 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):
      LINDA G. HENRY
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20797-00070.
Correspondence Information (proposed):
      Linda G. Henry
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@fenwick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 20797-00070.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /lgh/      Date: 07/08/2020
Signatory's Name: Linda G. Henry
Signatory's Position: Attorney of record, California Bar member
Signatory's Phone Number: (650) 988-8500


Response Signature
Signature: /lgh/     Date: 07/08/2020
Signatory's Name: Linda G. Henry
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650-335-7209

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:    LINDA G. HENRY
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
Mailing Address:    Linda G. Henry
   FENWICK & WEST LLP
   SILICON VALLEY CENTER
   801 CALIFORNIA STREET
   MOUNTAIN VIEW, California 94041
        
Serial Number: 88658646
Internet Transmission Date: Wed Jul 08 19:08:42 ET 2020
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20200708190842671
182-88658646-7106fc6d4d4ccd9616dbf7f5a15
5a6a764aac4c206bfe6936354e0a74c47699fc8-
N/A-N/A-20200708174001453807