PTO Form 1957 (Rev 9/2005)
OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER86463469
LAW OFFICE ASSIGNEDLAW OFFICE 115
MARK SECTION
MARK http://tsdr.uspto.gov/img/86463469/large
LITERAL ELEMENT ANDROIDIFY
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS042
DESCRIPTION
Computer services, namely, creating an on-line community for registered users to communicate and interact with others, participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking in the field of general interest; computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line; providing a web site featuring technology that enables users to upload and share text and graphics; providing a web site featuring technology that enables on-line users to create personal profiles featuring social networking information
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 02/00/2011
        FIRST USE IN COMMERCE DATE At least as early as 02/00/2011
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS042
DESCRIPTION
Computer services, namely, creating an on-line community for registered users to communicate and interact with others, participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking in the field of general interest; computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line; providing a web site featuring technology that enables users to upload and share text and graphics; providing a web site featuring technology that enables on-line users to create personal profiles featuring social networking information
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 02/00/2011
       FIRST USE IN COMMERCE DATE At least as early as 02/00/2011
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN
       FILE NAME(S)
\\TICRS\EXPORT16\IMAGEOUT 16\864\634\86463469\xml4\ ROA0002.JPG
       SPECIMEN DESCRIPTIONa screenshot of applicant's website promoting the following services: "computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line."
SIGNATURE SECTION
DECLARATION SIGNATURE /GLC/
SIGNATORY'S NAME Gavin Charlston
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 6502530000
DATE SIGNED 01/20/2015
RESPONSE SIGNATURE /GLC/
SIGNATORY'S NAME Gavin Charlston
SIGNATORY'S POSITION Attorney of Record, California bar member
SIGNATORY'S PHONE NUMBER 6502530000
DATE SIGNED 01/20/2015
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Jan 20 17:54:34 EST 2015
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XX-2
0150120175434526875-86463
469-530375dc52f5b53b6e6a4
64bb43a528199ab67b66bc5de
03b843f58ebc5c0dbab-N/A-N
/A-20150120151916058019



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. 86463469 ANDROIDIFY(Standard Characters, see http://tsdr.uspto.gov/img/86463469/large) 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 services, namely, creating an on-line community for registered users to communicate and interact with others, participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking in the field of general interest; computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line; providing a web site featuring technology that enables users to upload and share text and graphics; providing a web site featuring technology that enables on-line users to create personal profiles featuring social networking information
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/00/2011 and first used in commerce at least as early as 02/00/2011 , and is now in use in such commerce.

Proposed: Class 042 for Computer services, namely, creating an on-line community for registered users to communicate and interact with others, participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking in the field of general interest; computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line; providing a web site featuring technology that enables users to upload and share text and graphics; providing a web site featuring technology that enables on-line users to create personal profiles featuring social networking information
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 02/00/2011 and first used in commerce at least as early as 02/00/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of a screenshot of applicant's website promoting the following services: "computer services, namely, interactive hosting services which allow the user to publish and share their own content and images on-line." .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

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: /GLC/      Date: 01/20/2015
Signatory's Name: Gavin Charlston
Signatory's Position: Attorney of Record, California bar member
Signatory's Phone Number: 6502530000


Response Signature
Signature: /GLC/     Date: 01/20/2015
Signatory's Name: Gavin Charlston
Signatory's Position: Attorney of Record, California bar member

Signatory's Phone Number: 6502530000

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: 86463469
Internet Transmission Date: Tue Jan 20 17:54:34 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2015012017543452
6875-86463469-530375dc52f5b53b6e6a464bb4
3a528199ab67b66bc5de03b843f58ebc5c0dbab-
N/A-N/A-20150120151916058019