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. 88975739 COOKIE JAR(Standard Characters, see http://uspto.report/TM/88975739/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services, namely, savings programs; provision and financial administration of debit card and credit card savings programs; provision and financial administration of saving programs that capture change from checking account-related purchases, other checking account transactions and credit card purchases for savings purposes where the change is the difference between the amount of the purchase or transaction and a defined amount; provision and financial administration of savings programs and promotion plans for emergency fund and other savings goal needs; savings account services, namely, savings account services where money in the account is accumulated as emergency funds, savings account services featuring the automatic accumulation of money into the savings accounts, and savings and automatic fund accumulation services being a type of savings account service; savings account rewards program, namely, providing a type of savings account where money is saved via automatic transfers
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.

In International Class 036, the mark was first used at least as early as 08/20/2018 and first used in commerce at least as early as 08/20/2018 .

Proposed: Class 036 for Financial services, namely, savings programs; provision and financial administration of debit card and credit card savings programs; provision and financial administration of saving programs that capture change from checking account-related purchases, other checking account transactions and credit card purchases for savings purposes where the change is the difference between the amount of the purchase or transaction and a defined amount; provision and financial administration of savings programs and promotion plans for emergency fund and other savings goal needs; savings account services, namely, savings account services where money in the account is accumulated as emergency funds, savings account services featuring the automatic accumulation of money into the savings accounts, and savings and automatic fund accumulation services being a type of savings account service; savings account rewards program, namely, providing a type of savings account where money is saved via automatic transfers

Deleted Filing Basis: 1(b)
In International Class 036, the mark was first used at least as early as 08/20/2018 . and first used in commerce at least as early as 08/20/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 036 . The specimen(s) submitted consists of promotional material for Applicant's services showing use of the mark in connection with the services and a means to access Applicant's services .
"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:
SPU0-16224823482-20191014102013001157_._SubstituteSpecimen_Classes36_42__A3583438x9DEB4_.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPU0-16224823482-20191021165327741648_._Cookie_Jar_-_How_It_Works__A3590647x9DEB4_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Savings account services, namely, savings account accumulation services for emergency funds and other savings goal needs in the nature of online, non-downloadable software that accumulates savings through defined automatic transfers from checking accounts into savings accounts
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.

In International Class 042, the mark was first used at least as early as 08/20/2018 and first used in commerce at least as early as 08/20/2018 .

Proposed: Class 042 for Savings account services, namely, savings account accumulation services for emergency funds and other savings goal needs in the nature of online, non-downloadable software that accumulates savings through defined automatic transfers from checking accounts into savings accounts

Deleted Filing Basis: 1(b)
In International Class 042, the mark was first used at least as early as 08/20/2018 . and first used in commerce at least as early as 08/20/2018 .

Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of promotional material for Applicant's services showing use of the mark in connection with the services and a means to access Applicant's services .
"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:
SPU1-16224823482-20191014102013001157_._SubstituteSpecimen_Classes36_42__A3583438x9DEB4_.pdf
Converted PDF file(s) ( 5 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Original PDF file:
SPU1-16224823482-20191021165327741648_._Cookie_Jar_-_How_It_Works__A3590647x9DEB4_.pdf
Converted PDF file(s) ( 1 page)
Specimen File1

ADDITIONAL STATEMENTS
Miscellaneous Statement
In the Office Action dated August 31, 2019, the Examining Attorney refused registration, asserting that the specimen submitted with the Statement of Use filed August 20, 2019, did not show use in commerce of the mark with the services listed in Classes 36 and 42 of the application. Applicant respectfully disagrees with the Examining Attorney's assertion. However, in the interest of expediting registration of the mark, and as required by the Examining Attorney, Applicant submits herewith a substitute specimen showing use of the mark COOKIE JAR in connection with Applicant's services. Applicant submits that the requirement of the Examining Attorney has been satisfied and favorable action hereon is requested.


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: /Jana Eckerle/      Date: 10/22/2019
Signatory's Name: Jana Eckerle
Signatory's Position: Associate General Counsel

Response Signature
Signature: /chris hussin/     Date: 10/22/2019
Signatory's Name: Christopher J. Hussin
Signatory's Position: Attorney of record, Wisconsin Bar member

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: 88975739
Internet Transmission Date: Tue Oct 22 12:00:03 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201910221200036
87968-88975739-610d29a76ccb4c2e78d9dbd5e
1b0f7d4d296f26b07993e45f3aebf113ccbbe414
-N/A-N/A-20191021165327741648