TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1960 (Rev 9/2007)

OMB No. 0651-0050 (Exp. 07/31/2017)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 86291855 CORTEX(Standard Characters, see http://uspto.report/TM/86291855/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 042 for Software as a service (SaaS) service and platform featuring software for analyzing the marketing activities of an entity and/or its competitors, automating the deployment of marketing campaigns and segments thereof, and reporting on the progress of and response to marketing activities, in each case generated by analyzing and processing the data from web-based sources such as social media networks and proprietary user data, with functions to assist in the planning, advertising, execution, and content creation in connection with social media marketing for more efficient, effective, and impactful campaigns
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 as a service (SaaS) service and platform featuring software for analyzing the marketing activities of an entity and/or its competitors, automating the deployment of marketing campaigns and segments thereof, and reporting on the progress of and response to marketing activities, in each case generated by analyzing and processing the data from web-based sources such as social media networks and proprietary user data, with functions to assist in the planning, advertising, execution, and content creation in connection with social media marketing for more efficient, effective, and impactful campaigns; Providing temporary use of non-downloadable computer software for use in analyzing the social media marketing activities of an entity and its competitors, automating the deployment of marketing campaigns via automatic posting, publishing and uploading marketing materials to social media networks using said analysis, and reporting on the progress of and response to marketing activitiesClass 042 for Providing temporary use of non-downloadable computer software for use in analyzing the social media marketing activities of an entity and its competitors, automating the deployment of marketing campaigns via automatic posting, publishing and uploading marketing materials to social media networks using said analysis, and reporting on the progress of and response to marketing activities
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)
Request for Reconsideration Signature
Signature: /barbara a. barakat/     Date: 11/06/2014
Signatory's Name: Barbara A. Barakat
Signatory's Position: Attorney of record

Signatory's Phone Number: 617 526 6154

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 86291855
Internet Transmission Date: Thu Nov 06 14:58:49 EST 2014
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XX-2014110614584979
7326-86291855-500db93e4a31385ba888be2fc8
b272de123d973ccf2c8220c55947a7396eb7e031
-N/A-N/A-20141106145706774063