Notice of Oppositionttabvue.uspto.gov/ttabvue/ttabvue-91253152-OPP-1.pdf · Kelly & Associates...

Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov

ESTTA Tracking number: ESTTA1025635

Filing date: 12/27/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

Notice of Opposition

Notice is hereby given that the following party opposes registration of the indicated application.

Opposer Information

Name Kelly & Associates Insurance Group

Granted to Dateof previous ex-tension

12/29/2019

Address 1 KELLY WAYSPARKS, MD 21152UNITED STATES

Attorney informa-tion

DOUGLAS A. RETTEWFINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP901 NEW YORK AVENUE, NWWASHINGTON, DC 20001UNITED [email protected], [email protected], [email protected]

Applicant Information

Application No 88342230 Publication date 07/02/2019

Opposition FilingDate

12/27/2019 Opposition Peri-od Ends

12/29/2019

Applicant r4 Technologies, Inc.38 Grove Street, Building C 2nd FloorRidgefield, CT 06877UNITED STATES

Goods/Services Affected by Opposition

Class 042. First Use: 0 First Use In Commerce: 0All goods and services in the class are opposed, namely: Data mining; Design, development, andconsulting services related thereto in the field of cloud computing, data analytics and cognitive com-puting analytics; Software as a service (SAAS) services featuring software for analysis of business in-formation; Software as a service (SAAS) services featuring software for analyzing, managing, and re-porting on data; Software as a service (SAAS) services featuring software for data analytics and cog-nitive computing analytics; Software asa service (SAAS) services featuring software for providing aplatform and toolsfor storing, accessing, cleaning, integrating, querying, analyzing, modeling, and re-porting on structured and unstructured data; Software as a service (SAAS) services, namely, hostingsoftware for use by others for use to provide business information collection and analysis

Grounds for Opposition

Priority and likelihood of confusion Trademark Act Section 2(d)

http://estta.uspto.gov

Marks Cited by Opposer as Basis for Opposition

U.S. RegistrationNo.

4490590 Application Date 05/02/2013

Registration Date 03/04/2014 Foreign PriorityDate

NONE

Word Mark THE BUSINESS OF BETTER

Design Mark

Description ofMark

NONE

Goods/Services Class 036. First use: First Use: 2013/04/19 First Use In Commerce: 2013/04/19

Consulting services specializing in thefield of health care insurance; providingemployee benefit and administrative services to employers, namely, administra-tion of employee benefit plans concerning insurance and finance and benefits in-surance claims administration services inthe form of calculating and billing work-ers compensation premiums; administration of employee benefit welfare planenrollment services concerning insurance andfinance; Business services for em-ployers, namely, consulting services in the field of health care insurance; Provid-ing an on-line database to insurance brokers, employers and employees featur-ing information on insurance and financial employee benefit plans, programs,and administration of insurance and financial employee benefit plans




NONE


Design Mark

Description ofMark

NONE


Payroll administration and management services namely, tax deposit filing andreporting, employee time and attendance record keeping and administering

agency and third party payments from employee wages




NONE

Word Mark THE BUSINESS OF BETTER.

Design Mark

Description ofMark

The mark consists of the stylized words"THE BUSINESS OF BETTER" with theword "BETTER" larger than the other words. All of the wording is in green.


Consulting services specializing in thefield of health care insurance; providingemployee benefit and administrative services to employers, namely, administra-tion of employee benefit plans concerning insurance and finance and benefits in-surance claims administration services inthe form of calculating and billing work-ers compensation premiums; administration of employee benefit welfare planenrollment services concerning insurance andfinance; Business services for em-ployers, namely, consulting services in the field of health care insurance; Provid-ing an on-line database to insurance brokers, employers and employees featur-ing information on employee benefit plans, programs, and administration of in-surance andfinancial employee benefit plans




NONE

Word Mark THE BUSINESS OF BETTER.

Design Mark

Description ofMark

The mark consists of the stylized words"THE BUSINESS OF BETTER" in thecolor green.


Payroll administration and management services namely, tax deposit filing andreporting, employee time and attendance record keeping and administeringagency and third party payments from employee wages




NONE


Design Mark

Description ofMark

NONE


Business administration services, namely, providing administrative informationfor others in the field of human resources via a global computer network




NONE


Design Mark

Description ofMark

The mark consists of the stylized words"THE BUSINESS OF BETTER" in thecolor green.


Business administration services, namely, providing administrative informationfor others in the field of human resources via a global computer network

Attachments 85921626#TMSN.png( bytes )85921637#TMSN.png( bytes )85964073#TMSN.png( bytes )85964082#TMSN.png( bytes )86405109#TMSN.png( bytes )86412943#TMSN.png( bytes )12-27-19 Notice of Opposition 88342230 THE BUSINESS OF BET-TER.pdf(630164 bytes )

Signature /Douglas A. Rettew/

Name DOUGLAS A. RETTEW

Date 12/27/2019

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

KELLY & ASSOCIATES INSURANCE

GROUP,

Opposer,

v.

R4 TECHNOLOGIES, INC.,

Applicant.

Opposition No. _____________

Mark: THE BUSINESS OF BETTER

Serial No.: 88342230

Filing Date: March 15, 2019

NOTICE OF OPPOSITION

Kelly & Associates Insurance Group (“K&A”) believes that it will be damaged by the

registration of Application Serial No. 88342230 for the mark THE BUSINESS OF BETTER for

“Data mining; Design, development, and consulting services related thereto in the field of cloud

computing, data analytics and cognitive computing analytics; Software as a service (SAAS)

services featuring software for analysis of business information; Software as a service (SAAS)

services featuring software for analyzing, managing, and reporting on data; Software as a service

(SAAS) services featuring software for data analytics and cognitive computing analytics;

Software as a service (SAAS) services featuring software for providing a platform and tools for

storing, accessing, cleaning, integrating, querying, analyzing, modeling, and reporting on

structured and unstructured data; Software as a service (SAAS) services, namely, hosting

software for use by others for use to provide business information collection and analysis” in

Class 42 and opposes the application. As grounds for this opposition, K&A alleges the

following, upon actual knowledge with respect to itself and its own acts, and upon information

and belief as to other matters.

2

K&A and its THE BUSINESS OF BETTER Mark

1. K&A is a Maryland corporation with an address at 1 Kelly Way, Sparks,

Maryland 21152.

2. K&A is a leading provider of insurance, benefits, payroll, and related human-

resources services, solutions, and technologies.

3. Since at least as early as April 19, 2013, K&A has used the mark THE

BUSINESS OF BETTER in connection with its business services and technology solutions, and

has continuously used the mark since that time.

4. K&A owns the following federal registrations for its THE BUSINESS OF

BETTER mark for business administration and consulting services (printouts from the PTO

TESS and TSDR databases, including Assignment information, are attached as Exhibit A):

Mark Reg. No./

Issue Date

Services

THE BUSINESS OF BETTER 4490590

03-04-2014

Consulting services specializing in the field of

health care insurance; providing employee

benefit and administrative services to

employers, namely, administration of

employee benefit plans concerning insurance

and finance and benefits insurance claims

administration services in the form of

calculating and billing workers compensation

premiums; administration of employee benefit

welfare plan enrollment services concerning

insurance and finance; Business services for

employers, namely, consulting services in the

field of health care insurance; Providing an

on-line database to insurance brokers,

employers and employees featuring

information on insurance and financial

employee benefit plans, programs, and

administration of insurance and financial

employee benefit plans, in Class 36.

3

Mark Reg. No./

Issue Date

Services


12-17-2013

Payroll administration and management

services namely, tax deposit filing and

reporting, employee time and attendance

record keeping and administering agency and

third party payments from employee wages, in

Class 35.

4490721

03-04-2014

Consulting services specializing in the field of

health care insurance; providing employee

benefit and administrative services to

employers, namely, administration of

employee benefit plans concerning insurance

and finance and benefits insurance claims

administration services in the form of

calculating and billing workers compensation

premiums; administration of employee benefit

welfare plan enrollment services concerning

insurance and finance; Business services for

employers, namely, consulting services in the

field of health care insurance; Providing an

on-line database to insurance brokers,

employers and employees featuring

information on employee benefit plans,

programs, and administration of insurance and

financial employee benefit plans, in Class 36.

4451511

12-17-2013

Payroll administration and management

services namely, tax deposit filing and

reporting, employee time and attendance

record keeping and administering agency and

third party payments from employee wages, in

Class 35.


05-12-2015

Business administration services, namely,

providing administrative information for

others in the field of human resources via a

global computer network in Class 35.

4735306

05-12-2015

Business administration services, namely,

providing administrative information for

others in the field of human resources via a

global computer network in Class 35.

4

5. The registrations listed in Paragraph 4 are incontestable pursuant to 15 U.S.C. §

1065(b) and constitute conclusive evidence of K&A’s exclusive right to use the marks for the

services specified in the registrations pursuant to 15 U.S.C. §§ 1065 and 1115(b).

6. K&A has established considerable and valuable trademark rights and goodwill in

its THE BUSINESS OF BETTER mark by virtue of its sales success and long use and

promotion.

r4 Technologies, Inc. and it’s THE BUSINESS OF BETTER Application

7. Applicant r4 Technologies, Inc. is a Delaware corporation with an address at 38

Grove Street, Building C, 2nd Floor, Ridgefield, Connecticut 06877.

8. On March 15, 2019, Applicant filed intent-to-use application Serial No. 88342230

for the mark THE BUSINESS OF BETTER for “Data mining; Design, development, and

consulting services related thereto in the field of cloud computing, data analytics and cognitive

computing analytics; Software as a service (SAAS) services featuring software for analysis of

business information; Software as a service (SAAS) services featuring software for analyzing,

managing, and reporting on data; Software as a service (SAAS) services featuring software for

data analytics and cognitive computing analytics; Software as a service (SAAS) services

featuring software for providing a platform and tools for storing, accessing, cleaning, integrating,

querying, analyzing, modeling, and reporting on structured and unstructured data; Software as a

service (SAAS) services, namely, hosting software for use by others for use to provide business

information collection and analysis” in Class 42.

9. Application Serial No. 88342230 published for opposition on July 2, 2019.

Likelihood of Confusion, 15 U.S.C. § 1052(d)

10. K&A repeats and realleges each and every allegation set forth above.

5

11. K&A has priority based on its valid and subsisting registrations set forth above.

In addition, K&A has priority based on its use of its THE BUSINESS OF BETTER mark in

commerce for nearly a decade before the March 15, 2019 filing date of Applicant’s Application

Serial No. 88342230, and any first-use/use-in-commerce date that may be alleged by Applicant.

12. The mark shown in Application Serial No. 88342230 is identical to K&A’s

previously used and registered THE BUSINESS OF BETTER mark as to be likely, when used in

connection with the services in Application Serial No. 88342230, to cause confusion, or to cause

mistake, or to deceive under Section 2(d) of the Lanham Act, as amended, 15 U.S.C. § 1052(d).

13. For the foregoing reasons, K&A will be damaged by the registration of

Application Serial No. 88342230.

WHEREFORE, K&A respectfully requests that Application Serial No. 88342230 be

refused registration and this opposition be sustained.

This Notice of Opposition is submitted with payment for the filing fee. Any deficiency in

the fee should be charged to Deposit Account No. 06-0916.

Respectfully submitted,

Date: December 27, 2019 /Douglas A. Rettew/

Douglas A. Rettew

FINNEGAN, HENDERSON, FARABOW,

GARRETT & DUNNER, L.L.P.

901 New York Avenue N.W.

Washington, DC 20001-4413

202-408-4000 Phone

[email protected]

[email protected]

[email protected]

Attorneys for Opposer

KELLY & ASSOCIATES INSURANCE GROUP

Notice of Opposition

Serial No. 88342230


Exhibit A

12/27/2019 Trademark Electronic Search System (TESS)

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United States Patent and Trademark Office

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Word Mark THE BUSINESS OF BETTERGoods andServices

IC 036. US 100 101 102. G & S: Consulting services specializing in the field of health care insurance; providing employee benefit and administrativeservices to employers, namely, administration of employee benefit plans concerning insurance and finance and benefits insurance claims administrationservices in the form of calculating and billing workers compensation premiums; administration of employee benefit welfare plan enrollment servicesconcerning insurance and finance; Business services for employers, namely, consulting services in the field of health care insurance; Providing an on-line database to insurance brokers, employers and employees featuring information on insurance and financial employee benefit plans, programs, andadministration of insurance and financial employee benefit plans. FIRST USE: 20130419. FIRST USE IN COMMERCE: 20130419

StandardCharactersClaimedMarkDrawingCode

(4) STANDARD CHARACTER MARK

SerialNumber 85921626

Filing Date May 2, 2013CurrentBasis 1A

OriginalFiling Basis 1A

PublishedforOpposition

December 17, 2013

RegistrationNumber 4490590

RegistrationDate March 4, 2014

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 301 International Circle Hunt Valley MARYLAND 21030Attorney ofRecord Douglas A. Rettew

Type ofMark SERVICE MARK

Register PRINCIPALLive/DeadIndicator LIVE

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12/27/2019 Status Search SN 4490590

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STATUS DOCUMENTS MAINTENANCE Back to Search Print

BULK DATA: Since May 7 at 12 a.m., the TSDR Application Programming Interface (API) has not included all information. Images of trademark registrationcertificates issued since July 2016 and some office actions are absent in the API. Customers who need to retrieve a copy of a registration certificate or anoffice action should download it directly from the TSDR documents tab. INTERMITTENT SYSTEM ISSUES: Due to high-volume usage, you may experience intermittent issues on the Trademark Status and Document Retrieval(TSDR) system between 6 – 8 a.m. ET. Refreshing your web browser should resolve the issue. If you still need assistance accessing a document, [email protected] and include your serial number, the document you are looking for, and a screenshot of any error messages you have received.

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US Serial Number: 85921626 Application Filing Date: May 02, 2013

US Registration Number: 4490590 Registration Date: Mar. 04, 2014

Register: Principal

Mark Type: Service Mark

TM5 Common StatusDescriptor:

LIVE/REGISTRATION/Issued and Active

The trademark application has been registered with the Office.

Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.

Status Date: Mar. 04, 2014

Publication Date: Dec. 17, 2013

Mark Information

Goods and Services

Basis Information (Case Level)

Mark Literal Elements: THE BUSINESS OF BETTER

Standard Character Claim: Yes. The mark consists of standard characters without claim to any particular font style, size, or color.

Mark Drawing Type: 4 - STANDARD CHARACTER MARK

Note:The following symbols indicate that the registrant/owner has amended the goods/services:

Brackets [..] indicate deleted goods/services;Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; andAsterisks *..* identify additional (new) wording in the goods/services.

For: Consulting services specializing in the field of health care insurance; providing employee benefit and administrative services to employers,namely, administration of employee benefit plans concerning insurance and finance and benefits insurance claims administration services in theform of calculating and billing workers compensation premiums; administration of employee benefit welfare plan enrollment services concerninginsurance and finance; Business services for employers, namely, consulting services in the field of health care insurance; Providing an on-linedatabase to insurance brokers, employers and employees featuring information on insurance and financial employee benefit plans, programs,and administration of insurance and financial employee benefit plans

International Class(es): 036 - Primary Class U.S Class(es): 100, 101, 102

Class Status: ACTIVE

Basis: 1(a)

First Use: Apr. 19, 2013 Use in Commerce: Apr. 19, 2013

Filed Use: Yes Currently Use: Yes

Filed ITU: No Currently ITU: No

Filed 44D: No Currently 44E: No

Filed 44E: No Currently 66A: No Privacy - Terms

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Current Owner(s) Information

Attorney/Correspondence Information

Prosecution History

Filed 66A: No Currently No Basis: No

Filed No Basis: No

Owner Name: Kelly & Associates Insurance Group

Owner Address: 301 International CircleHunt Valley, MARYLAND UNITED STATES 21030

Legal Entity Type: CORPORATION State or Country WhereOrganized:

MARYLAND

Attorney of Record

Attorney Name: Douglas A. Rettew Docket Number: 15006.0045

Attorney Primary EmailAddress:

[email protected] Attorney Email Authorized: Yes

Correspondent

CorrespondentName/Address:

Douglas A. RettewFinnegan, Henderson, Farabow, Garrett & Dunner LLP901 New York Avenue NWWashington, DISTRICT OF COLUMBIA UNITED STATES 20001

Phone: 202-408-4000 Fax: 202-408-4400

Correspondent e-mail: [email protected] Correspondent e-mailAuthorized:

Yes

Domestic Representative - Not Found

Date Description Proceeding Number

Dec. 03, 2019 ATTORNEY/DOM.REP.REVOKED AND/OR APPOINTED

Dec. 03, 2019 TEAS REVOKE/APP/CHANGE ADDR OF ATTY/DOM REP RECEIVED

Mar. 04, 2019 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

Mar. 04, 2014 REGISTERED-PRINCIPAL REGISTER

Dec. 17, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Dec. 17, 2013 PUBLISHED FOR OPPOSITION

Nov. 27, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Nov. 08, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 73797

Nov. 07, 2013 ASSIGNED TO LIE 73797

Oct. 23, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER

Oct. 23, 2013 EXAMINER'S AMENDMENT ENTERED 88888

Oct. 23, 2013 NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED 6328

Oct. 23, 2013 EXAMINERS AMENDMENT E-MAILED 6328

Oct. 23, 2013 EXAMINERS AMENDMENT -WRITTEN 76583

Oct. 19, 2013 NOTIFICATION OF FINAL REFUSAL EMAILED

Oct. 19, 2013 FINAL REFUSAL E-MAILED

Oct. 19, 2013 FINAL REFUSAL WRITTEN 76583

Oct. 15, 2013 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Oct. 14, 2013 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Oct. 14, 2013 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Aug. 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2013 NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2013 NON-FINAL ACTION WRITTEN 76583

Aug. 20, 2013 ASSIGNED TO EXAMINER 76583 Privacy - Terms







TM Staff and Location Information

Assignment Abstract Of Title Information - None recorded

May 09, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

May 06, 2013 NEW APPLICATION ENTERED IN TRAM

TM Staff Information - None

File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Mar. 04, 2014

Proceedings - Click to Load

Privacy - Terms




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IC 035. US 100 101 102. G & S: Payroll administration and management services namely, tax deposit filing and reporting, employee timeand attendance record keeping and administering agency and third party payments from employee wages. FIRST USE: 20130419. FIRSTUSE IN COMMERCE: 20130419

StandardCharactersClaimedMarkDrawingCode

(4) STANDARD CHARACTER MARK


Filing Date May 2, 2013CurrentBasis 1A



October 1, 2013


RegistrationDate December 17, 2013

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 1 Kelly Way Sparks MARYLAND 21152Attorney ofRecord Douglas A. Rettew

Type of Mark SERVICE MARKRegister PRINCIPALAffidavitText SECT 15. SECT 8 (6-YR).

Live/DeadIndicator LIVE















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US Serial Number: 85921637 Application Filing Date: May 02, 2013

US Registration Number: 4451264 Registration Date: Dec. 17, 2013

Register: Principal





Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.

Status Date: Apr. 24, 2019

Publication Date: Oct. 01, 2013

Mark Information

Goods and Services







For: Payroll administration and management services namely, tax deposit filing and reporting, employee time and attendance record keeping andadministering agency and third party payments from employee wages



Basis: 1(a)





Filed 44E: No Currently 66A: No


Filed No Basis: NoPrivacy - Terms








Prosecution History




Owner Address: 1 Kelly WaySparks, MARYLAND UNITED STATES 21152


MARYLAND

Attorney of Record




Correspondent



Phone: 202-408-4000 Fax: 202-408-4400


Yes





Apr. 24, 2019 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Apr. 24, 2019 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76293

Apr. 23, 2019 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76293

Mar. 19, 2019 TEAS SECTION 8 & 15 RECEIVED

Dec. 17, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

Dec. 17, 2013 REGISTERED-PRINCIPAL REGISTER

Oct. 01, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Oct. 01, 2013 PUBLISHED FOR OPPOSITION

Sep. 11, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Aug. 21, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER

Aug. 20, 2013 ASSIGNED TO EXAMINER 76583

May 09, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

May 06, 2013 NEW APPLICATION ENTERED IN TRAM


File Location

Current Location: TMO LAW OFFICE 116 Date in Location: Apr. 24, 2019


Privacy - Terms














Word Mark THE BUSINESS OF BETTER.Goods andServices

IC 036. US 100 101 102. G & S: Consulting services specializing in the field of health care insurance; providing employee benefit andadministrative services to employers, namely, administration of employee benefit plans concerning insurance and finance and benefitsinsurance claims administration services in the form of calculating and billing workers compensation premiums; administration of employeebenefit welfare plan enrollment services concerning insurance and finance; Business services for employers, namely, consulting services inthe field of health care insurance; Providing an on-line database to insurance brokers, employers and employees featuring information onemployee benefit plans, programs, and administration of insurance and financial employee benefit plans. FIRST USE: 20130617. FIRSTUSE IN COMMERCE: 20130617

MarkDrawingCode

(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


Filing Date June 19, 2013CurrentBasis 1A



December 17, 2013


RegistrationDate March 4, 2014

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 301 International Circle Hunt Valley MARYLAND 21030Attorney ofRecord Douglas A. Rettew

Descriptionof Mark

The color(s) green is/are claimed as a feature of the mark. The mark consists of the stylized words "THE BUSINESS OF BETTER" with theword "BETTER" larger than the other words. All of the wording is in green.


Register PRINCIPALLive/DeadIndicator LIVE

















































Mark: THE BUSINESS OF BETTER.

US Serial Number: 85964073 Application Filing Date: Jun. 19, 2013

US Registration Number: 4490721 Registration Date: Mar. 04, 2014

Register: Principal






Status Date: Mar. 04, 2014

Publication Date: Dec. 17, 2013

Mark Information

Goods and Services


Mark Literal Elements: THE BUSINESS OF BETTER.

Standard Character Claim: No

Mark Drawing Type: 5 - AN ILLUSTRATION DRAWING WITH WORD(S) /LETTER(S)/ NUMBER(S) INSTYLIZED FORM

Description of Mark: The mark consists of the stylized words "THE BUSINESS OF BETTER" with the word "BETTER" larger than the other words. All of the wordingis in green.

Color Drawing: Yes

Color(s) Claimed: The color(s) green is/are claimed as a feature of the mark.



For: Consulting services specializing in the field of health care insurance; providing employee benefit and administrative services to employers,namely, administration of employee benefit plans concerning insurance and finance and benefits insurance claims administration services in theform of calculating and billing workers compensation premiums; administration of employee benefit welfare plan enrollment services concerninginsurance and finance; Business services for employers, namely, consulting services in the field of health care insurance; Providing an on-linedatabase to insurance brokers, employers and employees featuring information on employee benefit plans, programs, and administration ofinsurance and financial employee benefit plans



Basis: 1(a)

First Use: Jun. 17, 2013 Use in Commerce: Jun. 17, 2013



Filed 44D: No Currently 44E: No Privacy - Terms








Prosecution History




Filed No Basis: No




MARYLAND

Attorney of Record




Correspondent



Phone: 202-408-4000 Fax: 202-408-4400


Yes





Mar. 04, 2019 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

Mar. 04, 2014 REGISTERED-PRINCIPAL REGISTER

Dec. 17, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Dec. 17, 2013 PUBLISHED FOR OPPOSITION

Nov. 27, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Nov. 12, 2013 LAW OFFICE PUBLICATION REVIEW COMPLETED 70468

Nov. 04, 2013 ASSIGNED TO LIE 70468

Oct. 19, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER

Oct. 15, 2013 TEAS/EMAIL CORRESPONDENCE ENTERED 88889

Oct. 14, 2013 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889

Oct. 14, 2013 TEAS RESPONSE TO OFFICE ACTION RECEIVED

Aug. 21, 2013 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2013 NON-FINAL ACTION E-MAILED 6325

Aug. 21, 2013 NON-FINAL ACTION WRITTEN 76583


Jun. 28, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jun. 22, 2013 NEW APPLICATION ENTERED IN TRAM


File Location Privacy - Terms








Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Mar. 04, 2014


Privacy - Terms












Word Mark THE BUSINESS OF BETTER.Goods andServices

IC 035. US 100 101 102. G & S: Payroll administration and management services namely, tax deposit filing and reporting, employee timeand attendance record keeping and administering agency and third party payments from employee wages. FIRST USE: 20130617. FIRSTUSE IN COMMERCE: 20130617

MarkDrawingCode

(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


Filing Date June 19, 2013CurrentBasis 1A



October 1, 2013


RegistrationDate December 17, 2013

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 1 Kelly Way Sparks MARYLAND 21152Attorney ofRecord Douglas A. Rettew

Descriptionof Mark

The color(s) green is/are claimed as a feature of the mark. The mark consists of the stylized words "THE BUSINESS OF BETTER" in thecolor green.


Register PRINCIPALAffidavitText SECT 15. SECT 8 (6-YR).

Live/DeadIndicator LIVE

















































Mark: THE BUSINESS OF BETTER.

US Serial Number: 85964082 Application Filing Date: Jun. 19, 2013

US Registration Number: 4451511 Registration Date: Dec. 17, 2013

Register: Principal





Status: A Sections 8 and 15 combined declaration has been accepted and acknowledged.

Status Date: Apr. 23, 2019

Publication Date: Oct. 01, 2013

Mark Information

Goods and Services


Mark Literal Elements: THE BUSINESS OF BETTER.



Description of Mark: The mark consists of the stylized words "THE BUSINESS OF BETTER" in the color green.

Color Drawing: Yes




For: Payroll administration and management services namely, tax deposit filing and reporting, employee time and attendance record keeping andadministering agency and third party payments from employee wages



Basis: 1(a)

First Use: Jun. 17, 2013 Use in Commerce: Jun. 17, 2013






Filed No Basis: No Privacy - Terms








Prosecution History




Owner Address: 1 Kelly WaySparks, MARYLAND UNITED STATES 21152


MARYLAND

Attorney of Record




Correspondent



Phone: 202-408-4000 Fax: 202-408-4400


Yes





Apr. 23, 2019 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED

Apr. 23, 2019 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 69471

Apr. 23, 2019 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 69471

Mar. 19, 2019 TEAS SECTION 8 & 15 RECEIVED

Dec. 17, 2018 COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED

Dec. 17, 2013 REGISTERED-PRINCIPAL REGISTER

Oct. 01, 2013 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Oct. 01, 2013 PUBLISHED FOR OPPOSITION

Sep. 11, 2013 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Aug. 21, 2013 APPROVED FOR PUB - PRINCIPAL REGISTER


Jun. 28, 2013 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Jun. 22, 2013 NEW APPLICATION ENTERED IN TRAM


File Location

Current Location: TMO LAW OFFICE 116 Date in Location: Apr. 23, 2019


Privacy - Terms












Record 1 out of 1



IC 035. US 100 101 102. G & S: Business administration services, namely, providing administrative information for others in the field ofhuman resources via a global computer network. FIRST USE: 20130419. FIRST USE IN COMMERCE: 20130419

StandardCharactersClaimedMark DrawingCode (4) STANDARD CHARACTER MARK

Serial Number 86405109Filing Date September 24, 2014Current Basis 1AOriginal FilingBasis 1A

Published forOpposition February 24, 2015


RegistrationDate May 12, 2015

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 301 International Circle Hunt Valley MARYLAND21030

Attorney ofRecord Douglas A. Rettew

PriorRegistrations 4451264;4451511;4490721;AND OTHERS

Type of Mark SERVICE MARKRegister PRINCIPALLive/DeadIndicator LIVE












































US Serial Number: 86405109 Application Filing Date: Sep. 24, 2014

US Registration Number: 4735007 Registration Date: May 12, 2015

Register: Principal






Status Date: May 12, 2015

Publication Date: Feb. 24, 2015

Mark Information

Related Properties Information

Goods and Services





Claimed Ownership of USRegistrations:

4451264, 4451511, 4490721 and others



For: Business administration services, namely, providing administrative information for others in the field of human resources via a global computernetwork



Basis: 1(a)




Filed 44D: No Currently 44E: No Privacy - Terms








Prosecution History





Filed No Basis: No




MARYLAND

Attorney of Record




Correspondent



Phone: 202-408-4000 Fax: 202-408-4400


Yes





May 12, 2015 REGISTERED-PRINCIPAL REGISTER

Feb. 24, 2015 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Feb. 24, 2015 PUBLISHED FOR OPPOSITION

Feb. 04, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Jan. 12, 2015 APPROVED FOR PUB - PRINCIPAL REGISTER

Jan. 12, 2015 ASSIGNED TO EXAMINER 78324

Oct. 02, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Sep. 27, 2014 NEW APPLICATION ENTERED IN TRAM


File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 12, 2015


Privacy - Terms












Record 1 out of 1



IC 035. US 100 101 102. G & S: Business administration services, namely, providing administrative information for others in the field ofhuman resources via a global computer network. FIRST USE: 20130419. FIRST USE IN COMMERCE: 20130419

Mark DrawingCode (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM


Filing Date October 2, 2014Current Basis 1AOriginalFiling Basis 1A

Published forOpposition February 24, 2015


RegistrationDate May 12, 2015

Owner (REGISTRANT) Kelly & Associates Insurance Group CORPORATION MARYLAND 301 International Circle Hunt Valley MARYLAND21030

Attorney ofRecord Douglas A. Rettew

PriorRegistrations 4451264;4451511;4490721;AND OTHERS

Descriptionof Mark

The color(s) green is/are claimed as a feature of the mark. The mark consists of the stylized words "THE BUSINESS OF BETTER" in thecolor green.

Type of Mark SERVICE MARKRegister PRINCIPALLive/DeadIndicator LIVE












































US Serial Number: 86412943 Application Filing Date: Oct. 02, 2014

US Registration Number: 4735306 Registration Date: May 12, 2015

Register: Principal






Status Date: May 12, 2015

Publication Date: Feb. 24, 2015

Mark Information

Related Properties Information

Goods and Services





Description of Mark: The mark consists of the stylized words "THE BUSINESS OF BETTER" in the color green.

Color Drawing: Yes


Claimed Ownership of USRegistrations:

4451264, 4451511, 4490721 and others



For: Business administration services, namely, providing administrative information for others in the field of human resources via a global computernetwork



Basis: 1(a)




Filed 44D: No Currently 44E: NoPrivacy - Terms








Prosecution History





Filed No Basis: No




MARYLAND

Attorney of Record




Correspondent



Phone: 202-408-4000 Fax: 202-408-4400


Yes





May 12, 2015 REGISTERED-PRINCIPAL REGISTER

Feb. 24, 2015 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED

Feb. 24, 2015 PUBLISHED FOR OPPOSITION

Feb. 04, 2015 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED

Jan. 12, 2015 APPROVED FOR PUB - PRINCIPAL REGISTER

Jan. 12, 2015 ASSIGNED TO EXAMINER 78324

Oct. 09, 2014 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM

Oct. 06, 2014 NEW APPLICATION ENTERED IN TRAM


File Location

Current Location: PUBLICATION AND ISSUE SECTION Date in Location: May 12, 2015


Privacy - Terms





Notice of Oppositionttabvue.uspto.gov/ttabvue/ttabvue-91253152-OPP-1.pdf · Kelly & Associates...

Documents

Transcript of Notice of Oppositionttabvue.uspto.gov/ttabvue/ttabvue-91253152-OPP-1.pdf · Kelly & Associates...