Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86425725 SWIFT(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86425725/large) has been amended as follows:

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

See attached.

EVIDENCE

Original PDF file:
evi_204155226109-20150731174636948573_._SWIFT__86425725__office_action_response.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_204155226109-20150731174636948573_._SWIFT_exhibits.pdf
Converted PDF file(s) ( 22 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design and development of computer hardware and software, computer hardware and software consulting services, support and consultation services for developing computer systems, databases and applications, and providing computer hardware or software information online, all of the foregoing in connection with application development software and computer software used in developing software applications for computers and mobile devices using applicant's computer operating system software
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.

Based on Foreign Application: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

Proposed:
Tracked Text Description: Design and development of computer hardware and software, computer hardware and software consulting services, support and consultation services for developing computer systems, databases and applications, and providing computer hardware or software information online, all of the foregoing in connection with application development software and computer software used in developing software applications for computers and mobile devices using applicant's computer operating system software; Computer programming; design and development of computer hardware and software; consulting services relating to the design, development, implementation, and use of computer hardware and software; support and consultation services related to the design and development of computer systems, databases and applications; providing information online relating to the design, development, implementation, and use of computer hardware and softwareClass 042 for Computer programming; design and development of computer hardware and software; consulting services relating to the design, development, implementation, and use of computer hardware and software; support and consultation services related to the design and development of computer systems, databases and applications; providing information online relating to the design, development, implementation, and use of computer hardware and software
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.

Based on Foreign Application: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and will submit a copy of a foreign registration, and translation thereof, if appropriate. 15 U. S.C. Section 1126(d), as amended.

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_204155226109-174636948_._SWIFT_declaration__executed_.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Thomas R. La Perle
Signatory's Position: Assistant Secretary

Response Signature
Signature: /Thomas R. La Perle/     Date: 07/31/2015
Signatory's Name: Thomas R. La Perle
Signatory's Position: Attorney of record, California bar member

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 86425725
Internet Transmission Date: Fri Jul 31 18:22:28 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20150731182228
963306-86425725-540325f609279a29258329de
83fb461f31aa3bb62060b642ad453fc18f79f923
-N/A-N/A-20150731174636948573