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. 86534168 CHANNELADVISOR (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86534168/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 035 for Business management and consultation services; Online auction posting and management services; Business information management services in the fields of Internet-based computing and Internet-hosted technology solutions; dissemination of advertisements via a global computer network or by other means; placing advertisements for others; inventory control services; listing management services for others, namely, assisting others in the design and creation of auction listings; Order management services for others, namely, managing order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; comparison shopping services; marketing research in the field of e-commerce; providing a computing resource web site connecting resellers with professional buyers; operating an on-line information technology marketplace featuring business solutions based on Internet-based computing architecture; operating on-line marketplaces that bring together vendors, buyers, resellers of computer goods and services via a global computer network; operating on-line marketplaces for sellers of goods and/or services; Advertising and marketing services; Advertising and marketing services provided by means of methods of marketing communications, including, search engine marketing, inquiry marketing, Internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; online advertising services, namely, managing, analyzing, tracking, and optimizing online advertising; online advertising services, namely, providing services for managing, analyzing, tracking, and optimizing marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship; business consulting services, namely, monitoring and tracking websites and applications of others to analyze consumer trends, businesses, and market trends and actions; targeted advertising and distribution of advertising materials via the Internet and wireless devices; promoting the goods and services of others via the Internet and wireless devices; dissemination of advertising for others via the Internet; providing business intelligence services; organization of business conventions and meetings in the field of Internet-based computing; arranging and conducting trade shows and business conferences in the fields of computers, computer products, computer resellers, information technology, high technology, information systems, networking, and electronics; advertising, in particular dissemination of advertising for others via an online communications network on the Internet, online advertising on computer networks; business management, in particular online auction and sale posting and management services, organizing Internet auctions and sales; business management assistance and particular carrying out tasks necessary and helpful for the smooth conducts of online sales and online auctions; promoting the goods and services of others through online ordering and cataloguing of those goods and services; providing a searchable online advertising guide featuring the goods and services of other online vendors on the Internet; providing an online commercial information directory on the Internet; database management; industrial analysis in the field of ecommerce
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 09/10/2011 and first used in commerce at least as early as 09/10/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business management and consultation services; Online auction posting and management services; Business information management services in the fields of Internet-based computing and Internet-hosted technology solutions; dissemination of advertisements via a global computer network or by other means; placing advertisements for others; inventory control services; listing management services for others, namely, assisting others in the design and creation of auction listings; Order management services for others, namely, managing order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; comparison shopping services; marketing research in the field of e-commerce; providing a computing resource web site connecting resellers with professional buyers; operating an on-line information technology marketplace featuring business solutions based on Internet-based computing architecture; operating on-line marketplaces that bring together vendors, buyers, resellers of computer goods and services via a global computer network; operating on-line marketplaces for sellers of goods and/or services; Advertising and marketing services; Advertising and marketing services provided by means of methods of marketing communications, including, search engine marketing, inquiry marketing, Internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; online advertising services, namely, managing, analyzing, tracking, and optimizing online advertising; online advertising services, namely, providing services for managing, analyzing, tracking, and optimizing marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship; business consulting services, namely, monitoring and tracking websites and applications of others to analyze consumer trends, businesses, and market trends and actions; targeted advertising and distribution of advertising materials via the Internet and wireless devices; promoting the goods and services of others via the Internet and wireless devices; dissemination of advertising for others via the Internet; providing business intelligence services; organization of business conventions and meetings in the field of Internet-based computing; arranging and conducting trade shows and business conferences in the fields of computers, computer products, computer resellers, information technology, high technology, information systems, networking, and electronics; advertising, in particular dissemination of advertising for others via an online communications network on the Internet, online advertising on computer networks; business management, in particular online auction and sale posting and management services, organizing Internet auctions and sales; business management assistance and particular carrying out tasks necessary and helpful for the smooth conducts of online sales and online auctions; promoting the goods and services of others through online ordering and cataloguing of those goods and services; providing a searchable online advertising guide featuring the goods and services of other online vendors on the Internet; providing an online commercial information directory on the Internet; database management; industrial analysis in the field of ecommerce; providing technical information to others in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management, namely, organizing a company's different distribution channels for effective marketing and maximizing salesClass 035 for Business management and consultation services; Online auction posting and management services; Business information management services in the fields of Internet-based computing and Internet-hosted technology solutions; dissemination of advertisements via a global computer network or by other means; placing advertisements for others; inventory control services; listing management services for others, namely, assisting others in the design and creation of auction listings; Order management services for others, namely, managing order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; comparison shopping services; marketing research in the field of e-commerce; providing a computing resource web site connecting resellers with professional buyers; operating an on-line information technology marketplace featuring business solutions based on Internet-based computing architecture; operating on-line marketplaces that bring together vendors, buyers, resellers of computer goods and services via a global computer network; operating on-line marketplaces for sellers of goods and/or services; Advertising and marketing services; Advertising and marketing services provided by means of methods of marketing communications, including, search engine marketing, inquiry marketing, Internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels; online advertising services, namely, managing, analyzing, tracking, and optimizing online advertising; online advertising services, namely, providing services for managing, analyzing, tracking, and optimizing marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship; business consulting services, namely, monitoring and tracking websites and applications of others to analyze consumer trends, businesses, and market trends and actions; targeted advertising and distribution of advertising materials via the Internet and wireless devices; promoting the goods and services of others via the Internet and wireless devices; dissemination of advertising for others via the Internet; providing business intelligence services; organization of business conventions and meetings in the field of Internet-based computing; arranging and conducting trade shows and business conferences in the fields of computers, computer products, computer resellers, information technology, high technology, information systems, networking, and electronics; advertising, in particular dissemination of advertising for others via an online communications network on the Internet, online advertising on computer networks; business management, in particular online auction and sale posting and management services, organizing Internet auctions and sales; business management assistance and particular carrying out tasks necessary and helpful for the smooth conducts of online sales and online auctions; promoting the goods and services of others through online ordering and cataloguing of those goods and services; providing a searchable online advertising guide featuring the goods and services of other online vendors on the Internet; providing an online commercial information directory on the Internet; database management; industrial analysis in the field of ecommerce; providing technical information to others in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management, namely, organizing a company's different distribution channels for effective marketing and maximizing sales
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 09/10/2011 and first used in commerce at least as early as 09/10/2011 , 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 Software as a service services featuring software to facilitate online auction posting and database management services; Software as a service services featuring software to facilitate online auction posting and database management services, enabling retailers and manufacturers to integrate, manage and optimize their merchandise sales across online channels; Software as a service services featuring software to facilitate electronic transmission of data; Software as a service services featuring software for listing management and the design and creation of auction listings and for order management to manage order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; Application service provider featuring software for tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information in the field of digital and online advertising, marketing, and analytics, namely, analytics for the measurement, collection, analysis and reporting of Internet data, from various sources through a single interface; Application service provider featuring software for use by others that allows tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information from various sources for improving the efficiency and effectiveness of online marketing and online advertising; application service provider featuring software used by businesses to self-manage, analyze, and improve online marketing and advertising performance and campaigns in real time; application service provider, namely, providing software for management, analysis, tracking, and optimizing of advertising and marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship management; providing temporary use of online non-downloadable software featuring an online open application program interface and suite of online advertising management and analysis tools for use by search advertising networks; application service provider featuring computer software to track, log and analyze Internet usage habits, Internet searching habits, customer loyalty, demographic, lifestyle and behavioral data and information; application service provider featuring computer software for generating market research data, reports and analyses, and other marketing and advertising information for marketing and advertising purposes; providing an on-line network environment that features technology that enables users to share data; consultation services and technical consultation services in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; providing technical information to others in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; Scientific and technological services and research and design relating thereto in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; industrial research services in the field of ecommerce; design and development of computer hardware and software; computer services, namely, acting as an application services provider in the field of knowledge management to host computer application software for searching and retrieving information from databases and computer networks and for creating searchable databases of information and data; database development services; Providing on online computer database for collecting, saving and making available of software, data, pictures, audio and video 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 09/10/2011 and first used in commerce at least as early as 09/10/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software as a service services featuring software to facilitate online auction posting and database management services; Software as a service services featuring software to facilitate online auction posting and database management services, enabling retailers and manufacturers to integrate, manage and optimize their merchandise sales across online channels; Software as a service services featuring software to facilitate electronic transmission of data; Software as a service services featuring software for listing management and the design and creation of auction listings and for order management to manage order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; Application service provider featuring software for tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information in the field of digital and online advertising, marketing, and analytics, namely, analytics for the measurement, collection, analysis and reporting of Internet data, from various sources through a single interface; Application service provider featuring software for use by others that allows tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information from various sources for improving the efficiency and effectiveness of online marketing and online advertising; application service provider featuring software used by businesses to self-manage, analyze, and improve online marketing and advertising performance and campaigns in real time; application service provider, namely, providing software for management, analysis, tracking, and optimizing of advertising and marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship management; providing temporary use of online non-downloadable software featuring an online open application program interface and suite of online advertising management and analysis tools for use by search advertising networks; application service provider featuring computer software to track, log and analyze Internet usage habits, Internet searching habits, customer loyalty, demographic, lifestyle and behavioral data and information; application service provider featuring computer software for generating market research data, reports and analyses, and other marketing and advertising information for marketing and advertising purposes; providing an on-line network environment that features technology that enables users to share data; consultation services and technical consultation services in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; providing technical information to others in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; Scientific and technological services, namely, research and design in the field of ecommerce, namely, in the use of computers to maximize online auction and retail sales and channel management; Scientific and technological services and research and design relating thereto in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; industrial research services in the field of ecommerce; design and development of computer hardware and software; computer services, namely, acting as an application services provider in the field of knowledge management to host computer application software for searching and retrieving information from databases and computer networks and for creating searchable databases of information and data; database development services; Providing on online computer database for collecting, saving and making available of software, data, pictures, audio and video informationClass 042 for Software as a service services featuring software to facilitate online auction posting and database management services; Software as a service services featuring software to facilitate online auction posting and database management services, enabling retailers and manufacturers to integrate, manage and optimize their merchandise sales across online channels; Software as a service services featuring software to facilitate electronic transmission of data; Software as a service services featuring software for listing management and the design and creation of auction listings and for order management to manage order fulfillment and shipping, post-sales tracking, communications with buyers and shipping information; Application service provider featuring software for tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information in the field of digital and online advertising, marketing, and analytics, namely, analytics for the measurement, collection, analysis and reporting of Internet data, from various sources through a single interface; Application service provider featuring software for use by others that allows tagging, collecting, tracking, analyzing, reporting, integrating, controlling, managing and sharing a wide variety of data and information from various sources for improving the efficiency and effectiveness of online marketing and online advertising; application service provider featuring software used by businesses to self-manage, analyze, and improve online marketing and advertising performance and campaigns in real time; application service provider, namely, providing software for management, analysis, tracking, and optimizing of advertising and marketing campaigns, website activities, return on investment (ROI), consumer trends, and reputation and customer relationship management; providing temporary use of online non-downloadable software featuring an online open application program interface and suite of online advertising management and analysis tools for use by search advertising networks; application service provider featuring computer software to track, log and analyze Internet usage habits, Internet searching habits, customer loyalty, demographic, lifestyle and behavioral data and information; application service provider featuring computer software for generating market research data, reports and analyses, and other marketing and advertising information for marketing and advertising purposes; providing an on-line network environment that features technology that enables users to share data; consultation services and technical consultation services in the field of ecommerce, namely, in the field of conducting and maximizing online auction and retail sales and channel management; Scientific and technological services, namely, research and design in the field of ecommerce, namely, in the use of computers to maximize online auction and retail sales and channel management; industrial research services in the field of ecommerce; design and development of computer hardware and software; computer services, namely, acting as an application services provider in the field of knowledge management to host computer application software for searching and retrieving information from databases and computer networks and for creating searchable databases of information and data; database development services; Providing on online computer database for collecting, saving and making available of software, data, pictures, audio and video 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 09/10/2011 and first used in commerce at least as early as 09/10/2011 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized shield design comprised of five triangles above the wording CHANNELADVISOR.

SIGNATURE(S)
Response Signature
Signature: /Trevor P. Schmidt/     Date: 07/31/2015
Signatory's Name: Trevor P. Schmidt
Signatory's Position: Attorney of Record, North Carolina Bar Member

Signatory's Phone Number: 919-829-4296

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86534168
Internet Transmission Date: Fri Jul 31 11:18:42 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201507311118421
72715-86534168-5403c826cff2bf2b3277b498b
c24254f8db6c69ab66b3c53df676e39210af-N/A
-N/A-20150731111003232706