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. 85379036 DOCOMO INNOVATIONS(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85379036) 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 009 for Computer programs; computer software; Computer software for mobile phones, smart phones or tablet computers; Software platform that allows users to develop application for mobile phones and other communication devices; Computer security systems comprised of computer hardware and computer security software; Computer software for processing digital files
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.

Proposed:
Tracked Text Description: Computer programs; Computer software programs, namely, software development tools for the creation of mobile internet applications and client interfaces; computer software; Computer software for use in developing applications for mobile phones, smart phones or tablet computers; Computer software for mobile phones, smart phones or tablet computers; Software platform that allows users to develop applications for mobile phones and other communication devices; Software platform that allows users to develop application for mobile phones and other communication devices; Computer security systems comprised of computer hardware and computer security software; Computer software for processing digital filesClass 009 for Computer software programs, namely, software development tools for the creation of mobile internet applications and client interfaces; Computer software for use in developing applications for mobile phones, smart phones or tablet computers; Software platform that allows users to develop applications for mobile phones and other communication devices; Computer security systems comprised of computer hardware and computer security software; Computer software for processing digital files
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Research and development of telecommunications technology; Development of voluntary global standards for mobile communication goods and services; Design and development of wireless communication systems for transmission and reception of voice, data and video; Development of security systems for computer networks; 5. Planning and design of heterogeneous radio networks; Research, development, design and upgrading of computer software; Providing temporary use of an online, non-downloadable software platform that enables users to develop software applications for mobile phones and other communications devices; Testing and research of telecommunication apparatus and instruments and mobile phones; Application service provider (ASP), namely, hosting computer software applications of others; Providing temporary use of non-downloadable computer 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.

Proposed:
Tracked Text Description: Research and development of telecommunications technology; Development of voluntary global standards for mobile communication goods and services; Design and development of wireless communication systems for transmission and reception of voice, data and video; Development of security systems for computer networks; 5. Planning and design of heterogeneous radio networks; Planning and design of heterogeneous radio networks; Research, development, design and upgrading of computer software; Providing temporary use of an online, non-downloadable software platform that enables users to develop software applications for mobile phones and other communications devices; Providing temporary use of an online, non-downloadable software platform that enables users to develop software applications for mobile phones and other communication devices; Testing and research of telecommunication apparatus and instruments and mobile phones; Application service provider (ASP), namely, hosting computer software applications of others; Providing temporary use of non-downloadable computer software; Providing temporary use of non-downloadable computer software for mobile phones, smart phones or tablet computers, computer software platforms permitting users to develop mobile phone and mobile device applications, computer security software, and computer software for processing digital filesClass 042 for Research and development of telecommunications technology; Development of voluntary global standards for mobile communication goods and services; Design and development of wireless communication systems for transmission and reception of voice, data and video; Development of security systems for computer networks; Planning and design of heterogeneous radio networks; Research, development, design and upgrading of computer software; Providing temporary use of an online, non-downloadable software platform that enables users to develop software applications for mobile phones and other communication devices; Testing and research of telecommunication apparatus and instruments and mobile phones; Application service provider (ASP), namely, hosting computer software applications of others; Providing temporary use of non-downloadable computer software for mobile phones, smart phones or tablet computers, computer software platforms permitting users to develop mobile phone and mobile device applications, computer security software, and computer software for processing digital files
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use INNOVATIONS apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 3973128.


SIGNATURE(S)
Response Signature
Signature: /Scott S. Havlick/     Date: 01/26/2012
Signatory's Name: Scott S. Havlick
Signatory's Position: Attorney for Applicant, Colorado bar member

Signatory's Phone Number: 303-473-2710

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: 85379036
Internet Transmission Date: Thu Jan 26 16:51:37 EST 2012
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2012012616513738
1679-85379036-490f0bf8245e983aa354829362
2f42b2d63-N/A-N/A-20120126162501789142