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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86467064 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86467064/large |
LITERAL ELEMENT |
M |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (009)(no change) |
GOODS AND/OR SERVICES SECTION (016)(no change) |
GOODS AND/OR SERVICES SECTION (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
Providing education, training, classes, workshops, tutorials, and conferences in the field of computers, information technology,
computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library services, namely, databases, books,
periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and
computer game development |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
TRACKED TEXT DESCRIPTION |
Providing education, training, classes, workshops, tutorials, and conferences in the field of computers,
information technology, computer programming, computer software, computer games, and computer software and computer game development; Providing education in the
nature of training, classes, workshops, tutorials, and educational conferences in¶
the field of computers, information technology, computer programming, computer software, computer¶
games, and computer software and computer game development; providing electronic publications, and online library services, namely, databases, books,
periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and
computer game development; providing electronic publications, and¶
online library services, namely, books, periodicals, newsletters, directories, manuals, and handbooks in the¶
field of computers, information technology, computer programming, computer software, computer games,¶
and computer software and computer game development |
FINAL DESCRIPTION |
Providing education in the nature of training, classes, workshops, tutorials, and educational conferences in the field of computers,
information technology, computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library services,
namely, books, periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer
software and computer game development |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
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) |
FILING BASIS |
Section 44(d) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
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; 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; 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; providing information online relating to the design, development, implementation, and use of¶
computer hardware and software; providing an online database featuring technical information regarding¶
software development and programming |
FINAL DESCRIPTION |
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; 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; providing an online database featuring technical information regarding software
development and programming |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (035)(class added) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Providing conferences for commercial purposes in the field of computers, information technology, computer programming, computer
software, computer games, and computer software and computer game development |
FILING BASIS |
Section 1(b) |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/John Donald/ |
SIGNATORY'S NAME |
John Donald |
SIGNATORY'S POSITION |
Attorney of Record, California bar member |
SIGNATORY'S PHONE NUMBER |
408-974-4240 |
DATE SIGNED |
02/22/2016 |
RESPONSE SIGNATURE |
/John Donald/ |
SIGNATORY'S NAME |
John Donald |
SIGNATORY'S POSITION |
Attorney of record, California bar member |
DATE SIGNED |
02/22/2016 |
AUTHORIZED SIGNATORY |
YES |
CONCURRENT APPEAL NOTICE FILED |
NO |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Feb 22 18:57:55 EST 2016 |
TEAS STAMP |
USPTO/RFR-XX.XXX.XXX.XXX-
20160222185755673785-8646
7064-550c22a6274170682334
4d3b4568416d20ee9570ec59a
2e856f3c5b2b0eb1e44-DA-60
21-20160219173559420829 |
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 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 07/31/2017) |
Request for Reconsideration after Final Action
To the Commissioner for Trademarks:
Application serial no.
86467064 M (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86467064/large) 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 041 for Providing education, training, classes, workshops, tutorials, and conferences in the field of computers, information technology, computer programming, computer software,
computer games, and computer software and computer game development; providing electronic publications, and online library services, namely, databases, books, periodicals, newsletters, directories,
manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and computer game development
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: Providing education, training, classes, workshops, tutorials, and conferences in the field of computers, information technology,
computer programming, computer software, computer games, and computer software and computer game development;
Providing education in the nature of training,
classes, workshops, tutorials, and educational conferences in¶
the field of computers, information technology, computer programming, computer software, computer¶
games, and computer software and computer game development;
providing electronic publications, and online library services, namely, databases, books,
periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and computer software and
computer game development;
providing electronic publications, and¶
online library services, namely, books, periodicals, newsletters, directories, manuals, and handbooks in the¶
field of computers, information technology, computer programming, computer software, computer games,¶
and computer software and computer game developmentClass 041 for Providing education in the nature of training, classes, workshops, tutorials, and educational conferences in the field of
computers, information technology, computer programming, computer software, computer games, and computer software and computer game development; providing electronic publications, and online library
services, namely, books, periodicals, newsletters, directories, manuals, and handbooks in the field of computers, information technology, computer programming, computer software, computer games, and
computer software and computer game development
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
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: 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;
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;
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;
providing information online relating to the design, development, implementation, and use of¶
computer hardware and software;
providing an online database featuring technical information regarding¶
software development and programmingClass 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; 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; providing an online database featuring technical information regarding software development and
programming
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ __________ application number __________ filed __________ ]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Providing conferences for commercial purposes in the field of computers, information technology, computer programming, computer software, computer games, and computer
software and computer game development
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.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
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: /John Donald/ Date: 02/22/2016
Signatory's Name: John Donald
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 408-974-4240
Request for Reconsideration Signature
Signature: /John Donald/ Date: 02/22/2016
Signatory's Name: John Donald
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.
The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.
RAM Sale Number: 86467064
RAM Accounting Date: 02/23/2016
Serial Number: 86467064
Internet Transmission Date: Mon Feb 22 18:57:55 EST 2016
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201602221857556
73785-86467064-550c22a62741706823344d3b4
568416d20ee9570ec59a2e856f3c5b2b0eb1e44-
DA-6021-20160219173559420829