Response to Office Action

AGILERATES

Excel Impact, LLC

Response to Office Action

PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90279230
LAW OFFICE ASSIGNED LAW OFFICE 119
MARK SECTION
MARK mark
LITERAL ELEMENT AGILERATES
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (035) (current)
INTERNATIONAL CLASS 035
DESCRIPTION
Business intermediary services in the field of providing insurance referrals to consumers and businesses; Business intermediary services, namely, promoting the brokerage services of others in the field of insurance; Data compiling and analyzing in the field of insurance; Providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (035) (proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Business intermediary services in the field of providing insurance referrals to consumers and businesses; Providing insurance referrals to consumers and businesses; Business intermediary services, namely, promoting the brokerage services of others in the field of insurance; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry
FINAL DESCRIPTION
Providing insurance referrals to consumers and businesses; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041) (current)
INTERNATIONAL CLASS 041
DESCRIPTION
Educational services, namely, providing non-downloadable, online electronic publications, reports, and newsletters, all containing financial news, information, and analysis for the insurance industry and those seeking insurance information n
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041) (proposed)
INTERNATIONAL CLASS 041
TRACKED TEXT DESCRIPTION
Educational services, namely, providing non-downloadable, online electronic publications, reports, and newsletters, all containing financial news, information, and analysis for the insurance industry and those seeking insurance information n; Providing a website featuring news in the nature of current events relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance information
FINAL DESCRIPTION
Providing a website featuring news in the nature of current events relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance information
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME Rhett V. Barney
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@leehayes.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) rhettb@leehayes.com; karig@leehayes.com
DOCKET/REFERENCE NUMBER E121-0002TMU
CORRESPONDENCE INFORMATION (proposed)
NAME Rhett V. Barney
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@leehayes.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) rhettb@leehayes.com; karig@leehayes.com
DOCKET/REFERENCE NUMBER E121-0002TMU
SIGNATURE SECTION
RESPONSE SIGNATURE /Rhett Barney/
SIGNATORY'S NAME Rhett V. Barney
SIGNATORY'S POSITION Attorney of Record, WA State Bar Member
SIGNATORY'S PHONE NUMBER 509-944-4642
DATE SIGNED 07/23/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Sent to third party for signature
FILING INFORMATION SECTION
SUBMIT DATE Fri Jul 23 19:31:58 ET 2021
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0210723193158097042-90279
230-780bd368c1f8aa9c6c95d
8ea9b394feb4fb56c234f15eb
fee1ed4d4c3922d0d1bf-N/A-
N/A-20210723192115192184



PTO- 1957
Approved for use through 11/30/2023. OMB 0651-0050
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 90279230 AGILERATES(Standard Characters, see http://uspto.report/TM/90279230/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Business intermediary services in the field of providing insurance referrals to consumers and businesses; Business intermediary services, namely, promoting the brokerage services of others in the field of insurance; Data compiling and analyzing in the field of insurance; Providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry
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: Business intermediary services in the field of providing insurance referrals to consumers and businesses; Providing insurance referrals to consumers and businesses; Business intermediary services, namely, promoting the brokerage services of others in the field of insurance; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industryClass 035 for Providing insurance referrals to consumers and businesses; promoting the brokerage services of others in the field of insurance; data compiling and analyzing in the field of insurance; providing a website featuring commercial information in the nature of recommendations, ratings, and reviews concerning insurance providers; Providing an internet website portal featuring non-downloadable software for the purposes of providing insurance rate price quotations, policy binding, and initiate contact requests; providing a website containing current events news for the insurance industry
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 041 for Educational services, namely, providing non-downloadable, online electronic publications, reports, and newsletters, all containing financial news, information, and analysis for the insurance industry and those seeking insurance information n
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: Educational services, namely, providing non-downloadable, online electronic publications, reports, and newsletters, all containing financial news, information, and analysis for the insurance industry and those seeking insurance information n; Providing a website featuring news in the nature of current events relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance informationClass 041 for Providing a website featuring news in the nature of current events relating to the insurance industry; providing nondownloadable, online electronic publications, reports, and newsletters, all containing financial news, insurance information and analysis for the insurance industry and those seeking insurance information
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.

Webpage URL: None Provided
Webpage Date of Access: None Provided

Correspondence Information (current):
      Rhett V. Barney
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is E121-0002TMU.
Correspondence Information (proposed):
      Rhett V. Barney
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@leehayes.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): rhettb@leehayes.com; karig@leehayes.com

The docket/reference number is E121-0002TMU.

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)
Response Signature
Signature: /Rhett Barney/     Date: 07/23/2021
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member

Signatory's Phone Number: 509-944-4642 Signature method: Sent to third party for signature

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:    Rhett V. Barney
   LEE & HAYES, PC
   
   601 W. RIVERSIDE AVE SUITE 1400
   SPOKANE, Washington 99201
Mailing Address:    Rhett V. Barney
   LEE & HAYES, PC
   601 W. RIVERSIDE AVE SUITE 1400
   SPOKANE, Washington 99201
        
Serial Number: 90279230
Internet Transmission Date: Fri Jul 23 19:31:58 ET 2021
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2021072319315809
7042-90279230-780bd368c1f8aa9c6c95d8ea9b
394feb4fb56c234f15ebfee1ed4d4c3922d0d1bf
-N/A-N/A-20210723192115192184



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