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 NUMBER |
86531430 |
LAW OFFICE ASSIGNED |
LAW OFFICE 114 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/86531430/mark.png |
LITERAL ELEMENT |
FPT |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
Applicant hereby responds to the Examiner's office action dated May 19, 2015. 1. Identification of Services. Applicant has amended its Class 42
services to conform to the Examiner's recommendation with one exception -- Applicant has changed the wording "digital image correction, restoration and enhancement of [specify media, e.g., videos]"
to read "correction, restoration and enhancement of digital images". As amended, the language makes it clear that Applicant is engaged in correcting, restoring and enhancing any type of digital
images. 2. Specimen Refusal. Per the undersigned telephone conference with the Examiner, Applicant has amended its Class 9 description to include language which conforms with the specimen originally
submitted by Applicant: Software for planning and managing sales performance and customer service performance. Amended as such, Applicant submits that no further specimen is required. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Downloadable software for operating cameras to ensure security at home, supermarkets, convenience stores, jewelry stores, factories,
enterprises, etc, and anywhere possible; Downloadable software for accessing and managing event agenda and taking notes at meetings; Downloadable software for planning and managing sales performance
and customer service performance |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/13/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/13/2010 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Software for planning and managing sales performance and customer service performance;
Downloadable software for operating cameras to ensure security at home, supermarkets, convenience stores, jewelry stores, factories, enterprises, etc, and anywhere possible;
Downloadable software for accessing and managing event agenda and taking notes at meetings; Downloadable software for planning and managing sales
performance and customer service performance |
FINAL DESCRIPTION |
Software for planning and managing sales performance and customer service performance; Downloadable software for operating cameras to
ensure security at home, supermarkets, convenience stores, jewelry stores, factories, enterprises, etc, and anywhere possible; Downloadable software for accessing and managing event agenda and taking
notes at meetings; Downloadable software for planning and managing sales performance and customer service performance |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/13/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/13/2010 |
GOODS AND/OR SERVICES SECTION (035)(no change) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Consulting services in the field of cloud computing; Computer consultation in the field of computer security; Custom design and
development of computer software; Technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts;
Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer
services, namely, integration of private and public cloud computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line
non-downloadable software for evaluating, migrating, and using cloud based data; Assessing security for data and computing; Migrating data or applications from one platform to another; Digital image
correction, restoration and enhancement; Digitization of documents |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/13/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/13/2010 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Consulting services in the field of cloud computing; Computer consultation in the field of
computer security; Custom design and development of computer software; Technical support services, namely, 24/7 monitoring of network systems,
servers and web and database applications and notification of related events and alerts; Technical consulting services in the fields of datacenter architecture, public and
private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer services, namely, integration of private and public cloud
computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line non-downloadable
software for evaluating, migrating, and using cloud based data; Assessing security for data and computing; Computer
security consulting services, namely, assessing data security vulnerability and assessing cloud computing vulnerability; Migrating data or applications from one
platform to another; Data migration services, namely, migrating data or applications from one platform to another; Digital image correction, restoration and enhancement; Correction, restoration and enhancement of digital images; Digitization of documents |
FINAL DESCRIPTION |
Consulting services in the field of cloud computing; Computer consultation in the field of computer security; Custom design and
development of computer software; Technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts;
Technical consulting services in the fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer
services, namely, integration of private and public cloud computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line
non-downloadable software for evaluating, migrating, and using cloud based data; Computer security consulting services, namely, assessing data security vulnerability and assessing cloud computing
vulnerability; Data migration services, namely, migrating data or applications from one platform to another; Correction, restoration and enhancement of digital images; Digitization of documents |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 09/13/2010 |
FIRST USE IN COMMERCE DATE |
At least as early as 09/13/2010 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Patrick C. Stephenson/ |
SIGNATORY'S NAME |
Patrick C. Stephenson |
SIGNATORY'S POSITION |
Attorney of Record, Nebraska Bar Member |
SIGNATORY'S PHONE NUMBER |
402-346-6000 |
DATE SIGNED |
06/25/2015 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jun 25 11:37:02 EDT 2015 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0150625113702471630-86531
430-53087e0b473942c128abb
ebfe5827c91a0ece9e220e397
a4e660a63093a94664-N/A-N/
A-20150618113245441250 |
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.
86531430 FPT (Stylized and/or with Design, see http://uspto.report/TM/86531430/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant hereby responds to the Examiner's office action dated May 19, 2015. 1. Identification of Services. Applicant has amended its Class 42 services to conform to the Examiner's recommendation
with one exception -- Applicant has changed the wording "digital image correction, restoration and enhancement of [specify media, e.g., videos]" to read "correction, restoration and enhancement of
digital images". As amended, the language makes it clear that Applicant is engaged in correcting, restoring and enhancing any type of digital images. 2. Specimen Refusal. Per the undersigned
telephone conference with the Examiner, Applicant has amended its Class 9 description to include language which conforms with the specimen originally submitted by Applicant: Software for planning and
managing sales performance and customer service performance. Amended as such, Applicant submits that no further specimen is required.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software for operating cameras to ensure security at home, supermarkets, convenience stores, jewelry stores, factories, enterprises, etc, and anywhere
possible; Downloadable software for accessing and managing event agenda and taking notes at meetings; Downloadable software for planning and managing sales performance and customer service
performance
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 09/13/2010 and first used in commerce at least as early as 09/13/2010 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Software for planning and managing sales performance and customer service performance;
Downloadable software
for operating cameras to ensure security at home, supermarkets, convenience stores, jewelry stores, factories, enterprises, etc, and anywhere possible;
Downloadable
software for accessing and managing event agenda and taking notes at meetings;
Downloadable software for planning and managing sales performance and customer service
performanceClass 009 for Software for planning and managing sales performance and customer service performance; Downloadable software for operating cameras to ensure security at home,
supermarkets, convenience stores, jewelry stores, factories, enterprises, etc, and anywhere possible; Downloadable software for accessing and managing event agenda and taking notes at meetings;
Downloadable software for planning and managing sales performance and customer service performance
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 09/13/2010 and first used in commerce at least as early as 09/13/2010 , and
is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Consulting services in the field of cloud computing; Computer consultation in the field of computer security; Custom design and development of computer software;
Technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; Technical consulting services in the
fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer services, namely, integration of
private and public cloud computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line non-downloadable software for evaluating,
migrating, and using cloud based data; Assessing security for data and computing; Migrating data or applications from one platform to another; Digital image correction, restoration and enhancement;
Digitization of documents
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 09/13/2010 and first used in commerce at least as early as 09/13/2010 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Consulting services in the field of cloud computing;
Computer consultation in the field of computer security;
Custom design and development of computer software;
Technical support services, namely, 24/7 monitoring of network systems, servers and web and database
applications and notification of related events and alerts;
Technical consulting services in the fields of datacenter architecture, public and private cloud computing
solutions, and evaluation and implementation of internet technology and services;
Computer services, namely, integration of private and public cloud computing
environments;
Design, maintenance, development and updating of computer software;
Providing temporary use of on-line non-downloadable software
for evaluating, migrating, and using cloud based data;
Assessing security for data and computing;
Computer security
consulting services, namely, assessing data security vulnerability and assessing cloud computing vulnerability;
Migrating data or applications from one platform
to another;
Data migration services, namely, migrating data or applications from one platform to another;
Digital image
correction, restoration and enhancement;
Correction, restoration and enhancement of digital images;
Digitization of
documentsClass 042 for Consulting services in the field of cloud computing; Computer consultation in the field of computer security; Custom design and development of computer software;
Technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts; Technical consulting services in the
fields of datacenter architecture, public and private cloud computing solutions, and evaluation and implementation of internet technology and services; Computer services, namely, integration of
private and public cloud computing environments; Design, maintenance, development and updating of computer software; Providing temporary use of on-line non-downloadable software for evaluating,
migrating, and using cloud based data; Computer security consulting services, namely, assessing data security vulnerability and assessing cloud computing vulnerability; Data migration services,
namely, migrating data or applications from one platform to another; Correction, restoration and enhancement of digital images; Digitization of documents
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 09/13/2010 and first used in commerce at least as early as 09/13/2010 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Patrick C. Stephenson/ Date: 06/25/2015
Signatory's Name: Patrick C. Stephenson
Signatory's Position: Attorney of Record, Nebraska Bar Member
Signatory's Phone Number: 402-346-6000
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: 86531430
Internet Transmission Date: Thu Jun 25 11:37:02 EDT 2015
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2015062511370247
1630-86531430-53087e0b473942c128abbebfe5
827c91a0ece9e220e397a4e660a63093a94664-N
/A-N/A-20150618113245441250