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. 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 Computer application software-as-a-service for analyzing business and marketing efficacy, namely, software for assessing, maintaining, and improving social media usage and/or analyzing the social media usage of competitors
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 application software-as-a-service for analyzing business and marketing efficacy, namely, software for assessing, maintaining, and improving social media usage and/or analyzing the social media usage of competitors; Software as a service (SaaS) service and platform featuring software for the 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.Class 042 for Software as a service (SaaS) service and platform featuring software for the 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.
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: /Matthew K Peters/     Date: 09/18/2014
Signatory's Name: Matthew Kelly Peters
Signatory's Position: CEO

Signatory's Phone Number: 4042750082

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either (1) the applicant or (2) a person(s) with legal authority to bind the applicant; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 86291855
Internet Transmission Date: Thu Sep 18 16:14:45 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20140918161445
233027-86291855-500c19d72024a9dbc4deb966
be9fb51edc977a8a62e83676a0da37a8f4df763d
7-N/A-N/A-20140918160822906499