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. 86278895 OVATION(Standard Characters, see http://uspto.report/TM/86278895/mark.png) 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 Software and a mobile software application for transmitting, accessing, receiving, uploading, downloading, encoding, decoding, sharing, displaying, formatting, manipulating, organizing, book marking, tagging, storing, caching, and transferring electronic works, namely, photos, videos, text, data, images, documents, content, visual works, audio works, audiovisual works, multimedia works, files, and other electronic works via portable electronic devices, hand-held devices, electronic reading devices, portable media players, mobile phones, smartphones, portable digital devices, computers, and other communications networks; computer software for signal acquisition for live video webcasts including fiber and satellite feeds; computer software for the transmission and playing of video over the Internet; Software as a Service (SaaS) and platform as a service (PaaS) featuring computer software for integration of video, audiovisual, and multimedia content and functionality with user, audience, and participant input and interaction; software for developing and publishing applications for interactive video streaming; application development computer software programs; user generated content sharing software; software that enables user to designate specific content for future viewing; computer software for programming and for use in generating, displaying, and manipulating visual media, graphic images, photographs, illustrations, digital animation, video and audio data, and for social networking; computer software for video archiving; providing temporary use of non-downloadable, cloud-based computer software for offering, organizing, and conducting interactive events and webcasts via the Internet, namely, meetings, webinars, conferences, symposiums, seminars, trade shows, press events, investor conferences, earnings announcements, and corporate communications, for providing webcasts and delivering live and pre-recorded audio-visual and multimedia content via the Internet, for creating and replicating a physical environment on the Internet, and for real time communication; computer software for providing guestbook registration and user analytics in connection with live events; computer software for use with simulcasts and webcasts that incorporates audience input and allows for interaction between remote attendees and corporate events, presentations, and conferences; computer services for webcasts that facilitate real-time user, audience, and participant customization, feedback, and interaction; providing an online internet-based interactive audio and video software application that permits the audience, participants, and users to vote on, influence, and rank audiovisual and multimedia programming based on the popularity of the programming; computer software for providing user-controlled and synchronized slide capability, polling options, crowd sourcing, question and answer functionality, and audio and video archiving and transcription 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: Software and a mobile software application for transmitting, accessing, receiving, uploading, downloading, encoding, decoding, sharing, displaying, formatting, manipulating, organizing, book marking, tagging, storing, caching, and transferring electronic works, namely, photos, videos, text, data, images, documents, content, visual works, audio works, audiovisual works, multimedia works, files, and other electronic works via portable electronic devices, hand-held devices, electronic reading devices, portable media players, mobile phones, smartphones, portable digital devices, computers, and other communications networks; Downloadable software in the nature of a mobile software application for transmitting, accessing, receiving, uploading, downloading, encoding, decoding, sharing, displaying, formatting, manipulating, organizing, book marking, tagging, storing, caching, and transferring electronic works, namely, photos, videos, text, data, images, documents, content, visual works, audio works, audiovisual works, multimedia works, files, and other electronic works via portable electronic devices, hand-held devices, electronic reading devices, portable media players, mobile phones, smartphones, portable digital devices, computers, and other communications networks; Computer software for signal acquisition for live video webcasts including fiber and satellite feeds; Computer software for the transmission and playing of video over the Internet; Software as a Service (SaaS) and platform as a service (PaaS) featuring computer software for integration of video, audiovisual, and multimedia content and functionality with user, audience, and participant input and interaction; Computer software for developing and publishing applications for interactive video streaming; software for developing and publishing applications for interactive video streaming; Computer software for application development; application development computer software programs; Computer software for sharing user generated content; user generated content sharing software; Computer software for designating specific content for future viewing by users; software that enables user to designate specific content for future viewing; Computer software for programming and for use in generating, displaying, and manipulating visual media, graphic images, photographs, illustrations, digital animation, video and audio data, and for social networking; Computer software for video archiving; Computer software for providing guestbook registration and user analytics in connection with live events; providing temporary use of non-downloadable, cloud-based computer software for offering, organizing, and conducting interactive events and webcasts via the Internet, namely, meetings, webinars, conferences, symposiums, seminars, trade shows, press events, investor conferences, earnings announcements, and corporate communications, for providing webcasts and delivering live and pre-recorded audio-visual and multimedia content via the Internet, for creating and replicating a physical environment on the Internet, and for real time communication; Computer software for use with simulcasts and webcasts that incorporates audience input and allows for interaction between remote attendees and corporate events, presentations, and conferences; Computer software for providing user-controlled and synchronized slide capability, polling options, crowd sourcing, question and answer functionality, and audio and video archiving and transcription services; computer services for webcasts that facilitate real-time user, audience, and participant customization, feedback, and interaction; providing an online internet-based interactive audio and video software application that permits the audience, participants, and users to vote on, influence, and rank audiovisual and multimedia programming based on the popularity of the programmingClass 009 for Downloadable software in the nature of a mobile software application for transmitting, accessing, receiving, uploading, downloading, encoding, decoding, sharing, displaying, formatting, manipulating, organizing, book marking, tagging, storing, caching, and transferring electronic works, namely, photos, videos, text, data, images, documents, content, visual works, audio works, audiovisual works, multimedia works, files, and other electronic works via portable electronic devices, hand-held devices, electronic reading devices, portable media players, mobile phones, smartphones, portable digital devices, computers, and other communications networks; Computer software for signal acquisition for live video webcasts including fiber and satellite feeds; Computer software for the transmission and playing of video over the Internet; Computer software for developing and publishing applications for interactive video streaming; Computer software for application development; Computer software for sharing user generated content; Computer software for designating specific content for future viewing by users; Computer software for programming and for use in generating, displaying, and manipulating visual media, graphic images, photographs, illustrations, digital animation, video and audio data, and for social networking; Computer software for video archiving; Computer software for providing guestbook registration and user analytics in connection with live events; Computer software for use with simulcasts and webcasts that incorporates audience input and allows for interaction between remote attendees and corporate events, presentations, and conferences; Computer software for providing user-controlled and synchronized slide capability, polling options, crowd sourcing, question and answer functionality, and audio and video archiving and transcription services
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Software as a Service (SaaS) and platform as a service (PaaS) featuring computer software for integration of video, audiovisual, and multimedia content and functionality with user, audience, and participant input and interaction; Providing temporary use of non-downloadable, cloud computing computer software for offering, organizing, and conducting interactive events and webcasts via the Internet, namely, meetings, webinars, conferences, symposiums, seminars, trade shows, press events, investor conferences, earnings announcements, and corporate communications, for providing webcasts and delivering live and pre-recorded audio-visual and multimedia content via the Internet, for creating and replicating a physical environment on the Internet, and for real time communication; Computer services, namely, designing and implementing webcasts that facilitate real-time user, audience, and participant customization, feedback, and interaction; Providing an online non-downloadable Internet-based interactive audio and video software application that permits audience, participants, and users to vote on, influence, and rank audiovisual and multimedia programming based on the popularity of the 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.

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. Section 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 amendment to allege use (AAU) unsigned, all statements in the application or AAU and this submission based on the signatory's own knowledge are true, and all statements in the application or AAU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AAU: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(a) or AAU under 15 U.S.C. Section 1051(c), the signatory additionally believes that: the applicant is the owner of the trademark/service mark sought to be registered; the applicant or the applicant's related company or licensee is using the mark in commerce and has been using the mark in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU, and such use by the applicant's related company or licensee inures to the benefit of the applicant; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AAU on or in connection with the goods/services in the application or AAU; and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. Section 1051(b), Section 1126(d), and/or Section 1126(e), the signatory additionally believes that: the applicant is entitled to use the mark in commerce; the applicant has a bona fide intention and has had a bona fide intention as of the application filing date to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the goods/services in the application; and to the best of the signatory's knowledge and belief, no other person has 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 of such other person, to cause confusion or mistake, or to deceive.

Signature: /Martha B. Allard/      Date: 09/19/2014
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record, TN Bar Member
Signatory's Phone Number: 615-742-7944


Response Signature
Signature: /Martha B. Allard/     Date: 09/19/2014
Signatory's Name: Martha B. Allard
Signatory's Position: Attorney of Record, TN 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 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.

        
RAM Sale Number: 86278895
RAM Accounting Date: 09/22/2014
        
Serial Number: 86278895
Internet Transmission Date: Fri Sep 19 16:41:48 EDT 2014
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2014091916414854
8984-86278895-500619c37a2e46023a934b20e1
d61b4dd40c073819de3cdcd83a3cb1041ba66ce-
DA-3311-20140919125448090372