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. 88673773 ACTIVATE(Standard Characters, see http://uspto.report/TM/88673773/mark.png) has been amended as follows:

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

To address the Section 2(d) confusion refusal with respect to its Class 35 services, Applicant hereby deletes "business risk management consultation; business risk assessment services" from its Class 35 recitation of services and narrows the only remaining services in Class 35 to the following: "providing predictive analytics services and information to insurance customers in the insurance industry, namely, providing evaluation and analysis of insurance risk data and behavior for businesses".

In view of these deletions and narrowing amendments, Applicant respectfully requests that the Class 35 confusion refusal be withdrawn and that its application be approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for providing predictive analytics services and information to insurance customers in the insurance industry, namely, business risk assessment services and business data analysis of claims for businesses; business risk management consultation; business risk assessment services
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: providing predictive analytics services and information to insurance customers in the insurance industry, namely, business risk assessment services and business data analysis of claims for businesses; providing predictive analytics services and information to insurance customers in the insurance industry, namely, providing evaluation and analysis of insurance risk data and behavior for businesses; business risk management consultation; business risk assessment servicesClass 035 for providing predictive analytics services and information to insurance customers in the insurance industry, namely, providing evaluation and analysis of insurance risk data and behavior for businesses
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.

SIGNATURE(S)
Response Signature
Signature: /matthew homyk/     Date: 01/07/2020
Signatory's Name: Matthew A. Homyk
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 215-569-5360

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88673773
Internet Transmission Date: Tue Jan 07 11:44:45 EST 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200107114445670
190-88673773-700fd33e31ddaecab5ed31d05bd
f3389c2bfcf1d7e284baab2d13a6a27745eb7a4-
N/A-N/A-20200107111547244675