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. 85744051 EXOMEDIA(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85744051) 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 042 for Remote video transcoding services and video broadcast management, video transcoding cloud services; Computer services, namely, digital formatting and compression of music and video images into downloadable media; providing a web-based service featuring technology that enables users to manage the distribution of video and related digital content to user's customers, manage accounts, and provide user support; Providing on-line, non-downloadable, Internet-based software application for billing for videso delivery providers; remote back-up services
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: Remote video transcoding services and video broadcast management, video transcoding cloud services; Remote video transcoding services, namely, providing a website that features software that enables users to convert video files from one format to another format for the purpose of editing, processing, packaging, viewing on the web and streaming to IP-connected devices, including televisions, smartphones and tablets; Video broadcast management services, namely, providing a website that features technology that enables users to remotely operate their on-premise transcoding network; configure and backup their transcoding settings, templates, networks and workflow; synchronize transcoding settings across different deployed on-premise systems; remote back-up services; and monitor metrics and analytics pertaining to video processing, via dashboards and reports; Cloud-computing services that feature software that enables users to convert video files from one format to another format for the purpose of editing, processing, packaging, viewing on the web and streaming to IP-connected devices, including televisions, smartphones and tablets; Computer services, namely, digital formatting and compression of music and video images into downloadable media; providing a web-based service featuring technology that enables users to manage the distribution of video and related digital content to user's customers, manage accounts, and provide user support; Providing on-line, non-downloadable, Internet-based software application for billing for videso delivery providers; Back-up services for locally deployed media transcoding databases and application info, including but not limited to logs, settings and usage historyClass 042 for Remote video transcoding services, namely, providing a website that features software that enables users to convert video files from one format to another format for the purpose of editing, processing, packaging, viewing on the web and streaming to IP-connected devices, including televisions, smartphones and tablets; Video broadcast management services, namely, providing a website that features technology that enables users to remotely operate their on-premise transcoding network; configure and backup their transcoding settings, templates, networks and workflow; synchronize transcoding settings across different deployed on-premise systems; and monitor metrics and analytics pertaining to video processing, via dashboards and reports; Cloud-computing services that feature software that enables users to convert video files from one format to another format for the purpose of editing, processing, packaging, viewing on the web and streaming to IP-connected devices, including televisions, smartphones and tablets; Computer services, namely, digital formatting and compression of music and video images into downloadable media; providing a web-based service featuring technology that enables users to manage the distribution of video and related digital content to user's customers, manage accounts, and provide user support; Providing on-line, non-downloadable, Internet-based software application for billing for videso delivery providers; Back-up services for locally deployed media transcoding databases and application info, including but not limited to logs, settings and usage history
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.

SIGNATURE(S)
Response Signature
Signature: /djm/     Date: 07/29/2013
Signatory's Name: Diane J. Mason
Signatory's Position: Attorney of record, California bar

Signatory's Phone Number: 415-913-4911

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: 85744051
Internet Transmission Date: Mon Jul 29 20:22:45 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XXX-2013072920224545
8894-85744051-500a97d9cb3877894686c149bf
75e281feb4c39db335b40828050d4efca14906ca
7-N/A-N/A-20130729184447883609