PTO Form 1957 (Rev 8/2005) |
OMB Control #0651-0050 (Exp. 04/30/2006) |
Input Field |
Entered |
SERIAL NUMBER | 76488080 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
The Examiner has continued the final refusal to register relating to the identification of goods in International Class 9 in the subject application; a request to divide this application was filed on February 8, 2005. With this response, Applicant amends the identification of goods for the remaining goods in International Class 9 using much of the language suggested by the Examiner.
Applicant notes the use of the common commercial term "packaged composite applications" in the revised identification of goods. This is a common term used to identify a specific form of off-the-shelf software that integrates with pre-existing applications and essentially allows the different pre-existing applications to be developed and deployed together. For example, the following is an online description of "packaged composite applications" used in connection with the promotion of a book titled "Packaged Composite Applications An O'Reilly Field Guide to Enterprise Software" published by O'Reilly Media, Inc. (See http://www.oreilly.com/catalog/pkgcompaps/desc.html):
Today's corporate computing environment is too often characterized by silos of data in enterprise applications like ERP, CRM, and supply chain
management. Integrating these applications involves hardwiring connections between them, often resulting in a rigid and inefficient IT infrastructure.
Based on the amendment herein and the above, Applicant respectfully submits that the amended identification of goods complies with the requirements of the U.S. Patent and Trademark Office and that this application is in condition for approval for publication and, in due course, registration. |
|
GOODS AND/OR SERVICES SECTION (1st class)(current) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
computer programs and software for use in business, information technology, data management, production and materials management, accounting and finance, quality management, plant maintenance, marketing and sales, personnel management, and project management; software for application and database integration; software integration and application platform; software for resource management; research and development software; application development software; communications and telecommunications software; device integration software; business process software; data management software; predictive maintenance software; field service management software; adaptive manufacturing software; supply chain software; logistics software; identification software; customer relationship and management software; monitoring software; collaboration software; user interface software; object modeling software; business process integration software; composite software which invokes and modifies or integrates other software applications and components | |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 30249397.2 |
FOREIGN APPLICATION COUNTRY NAME | DE |
FOREIGN FILING DATE | 10/08/2002 |
FILING BASIS | Section 44(e) |
FOREIGN REGISTRATION NUMBER | 30249397 |
FOREIGN REGISTRATION COUNTRY NAME | DE |
FOREIGN REGISTRATION DATE | 11/21/2002 |
FOREIGN EXPIRATION DATE | 10/31/2012 |
GOODS AND/OR SERVICES SECTION (1st class)(proposed) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
computer programs and software for use in business, information technology, data management, production and materials management, quality management, plant maintenance, marketing and sales, personnel management, and project management, namely, packaged composite applications to integrate database management software, spreadsheet software, word processing software, and graphical user interface software, all for use in managing personal and business information and financial data, emissions management for energy consumption compliance reporting, business process modeling, and online collaboration; software for application and database integration; software for resource management; application development software; communications and telecommunications software, namely, software for use in connecting computer network users and global computer networks; graphical user interface software; composite software which invokes and modifies or integrates other software applications and components | |
FILING BASIS | Section 44(d) |
FOREIGN APPLICATION NUMBER | 30249397.2 |
FOREIGN APPLICATION COUNTRY NAME | Germany |
FOREIGN FILING DATE | 10/08/2002 |
FILING BASIS | Section 44(e) |
FOREIGN REGISTRATION NUMBER | 30249397 |
FOREIGN REGISTRATION COUNTRY NAME | Germany |
FOREIGN REGISTRATION DATE | 11/21/2002 |
FOREIGN EXPIRATION DATE | 10/31/2012 |
GOODS AND/OR SERVICES SECTION (2nd class)(no change) | |
GOODS AND/OR SERVICES SECTION (3rd class)(no change) | |
GOODS AND/OR SERVICES SECTION (4th class)(no change) | |
SIGNATURE SECTION | |
RESPONSE SIGNATURE | /Scott B Schwartz/ |
SIGNATORY NAME | Scott B. Schwartz |
SIGNATORY POSITION | Attorney |
SIGNATURE DATE | 02/18/2005 |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Feb 18 11:50:38 EST 2005 |
TEAS STAMP | USPTO/OA-XXXXXXXXXXX-2005 0218115038578722-76488080 -200fa6fe45c3538e03cc77ac 4bbd45b8692-N-N-200502181 14920770049 |
PTO Form 1957 (Rev 8/2005) |
OMB Control #0651-0050 (Exp. 04/30/2006) |
Application serial no. 76488080 is amended as follows: | |
Argument(s) | |
In response to the substantive refusal(s), please note the following: | |
The Examiner has continued the final refusal to register relating to the identification of goods in International Class 9 in the subject application; a request to divide this application was filed on February 8, 2005. With this response, Applicant amends the identification of goods for the remaining goods in International Class 9 using much of the language suggested by the Examiner.
Applicant notes the use of the common commercial term "packaged composite applications" in the revised identification of goods. This is a common term used to identify a specific form of off-the-shelf software that integrates with pre-existing applications and essentially allows the different pre-existing applications to be developed and deployed together. For example, the following is an online description of "packaged composite applications" used in connection with the promotion of a book titled "Packaged Composite Applications An O'Reilly Field Guide to Enterprise Software" published by O'Reilly Media, Inc. (See http://www.oreilly.com/catalog/pkgcompaps/desc.html):
Today's corporate computing environment is too often characterized by silos of data in enterprise applications like ERP, CRM, and supply chain
management. Integrating these applications involves hardwiring connections between them, often resulting in a rigid and inefficient IT infrastructure.
Based on the amendment herein and the above, Applicant respectfully submits that the amended identification of goods complies with the requirements of the U.S. Patent and Trademark Office and that this application is in condition for approval for publication and, in due course, registration. |
|
Classification and Listing of Goods/Services | |
Applicant hereby amends the following class of goods/services in the application as follows: | |
Current: Class 009 for computer programs and software for use in business, information technology, data management, production and materials management, accounting and finance, quality management, plant maintenance, marketing and sales, personnel management, and project management; software for application and database integration; software integration and application platform; software for resource management; research and development software; application development software; communications and telecommunications software; device integration software; business process software; data management software; predictive maintenance software; field service management software; adaptive manufacturing software; supply chain software; logistics software; identification software; customer relationship and management software; monitoring software; collaboration software; user interface software; object modeling software; business process integration software; composite software which invokes and modifies or integrates other software applications and components | |
Original Filing Basis: 44(d); and/or 44(e). | |
Proposed: Class 009 for computer programs and software for use in business, information technology, data management, production and materials management, quality management, plant maintenance, marketing and sales, personnel management, and project management, namely, packaged composite applications to integrate database management software, spreadsheet software, word processing software, and graphical user interface software, all for use in managing personal and business information and financial data, emissions management for energy consumption compliance reporting, business process modeling, and online collaboration; software for application and database integration; software for resource management; application development software; communications and telecommunications software, namely, software for use in connecting computer network users and global computer networks; graphical user interface software; composite software which invokes and modifies or integrates other software applications and components | |
Section 44(d) Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority based on [Germany application number 30249397.2 filed 10/08/2002]. 15 U.S.C.Section 1126(d), as amended. | |
Section 44(e) Based on Foreign Registration: 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 [ Germany registration number 30249397 registered 11/21/2002 with a renewal date of __________ and an expiration date of 10/31/2012 ], and translation thereof, if appropriate, before the application may proceed to registration. 15 U.S.C. Section 1126(e), as amended. | |
Response Signature | |
Signature: /Scott B Schwartz/ Date: 02/18/2005 | |
Signatory's Name: Scott B. Schwartz | |
Signatory's Position: Attorney | |
Serial Number: 76488080 | |
Internet Transmission Date: Fri Feb 18 11:50:38 EST 2005 | |
TEAS Stamp: USPTO/OA-XXXXXXXXXXX-2005021811503857872 2-76488080-200fa6fe45c3538e03cc77ac4bbd4 5b8692-N-N-20050218114920770049 |