Response to Office Action

ECOSYS EPC

HEXAGON TECHNOLOGY CENTER GMBH

Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
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 86594769
LAW OFFICE ASSIGNED LAW OFFICE 120
MARK SECTION
MARK http://tmng-al.gov.uspto.report/resting2/api/img/86594769/large
LITERAL ELEMENT ECOSYS EPC
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.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_38979450-20160122170411572492_._Body_of_Office_Action_response_for_ECOSYS_EPC.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0002.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0003.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0004.JPG
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2008
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2008
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Computer application software for enterprising planning and controls, namely, software for project cost controls; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; downloadable mobile applications for enterprise planning and controls, not for use in the management of direct costs and for profitability analysis in the field of health care; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
FINAL DESCRIPTION
Computer application software for enterprising planning and controls, namely, software for project cost controls; downloadable mobile applications for enterprise planning and controls, not for use in the management of direct costs and for profitability analysis in the field of health care
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2008
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2008
       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)
       JPG FILE(S) \\TICRS\EXPORT16\IMAGEOUT 16\865\947\86594769\xml8\ ROA0007.JPG
       ORIGINAL PDF FILE SPU0-38979450-20160122170411572492_._9_Substitute_Specimen_1.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0005.JPG
        \\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0006.JPG
       SPECIMEN DESCRIPTION picture of the mark as used when the software is running and from the product website
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/01/2008
        FIRST USE IN COMMERCE DATE At least as early as 01/01/2008
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Provision of web-based non-downloadable software for project management, project and operation budgeting and accounting; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; cloud computing featuring software for use in enterprise planning and controls; Software as a service provider, namely, hosting computer software applications of others; software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operation of such warehouses; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Business technology software consultation services; computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; design of computer software for enterprise planning and controls; Computer and computer software rental; technical support services, namely, troubleshooting of project cost control computer software problems; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
FINAL DESCRIPTION
Provision of web-based non-downloadable software for project management, project and operation budgeting and accounting; cloud computing featuring software for use in enterprise planning and controls; software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operation of such warehouses; cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; design of computer software for enterprise planning and controls; technical support services, namely, troubleshooting of project cost control computer software problems
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/01/2008
       FIRST USE IN COMMERCE DATE At least as early as 01/01/2008
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_38979450-170411572_._Completed_Signature_form_for_ECOSYS_EPC_response.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT16\IMAGEOUT16\865\947\86594769\xml8\ROA0008.JPG
SIGNATORY'S NAME Dr. Benedikt Zebhauser
SIGNATORY'S POSITION Head IP Department
SIGNATORY'S PHONE NUMBER NA
SIGNATORY'S NAME Pascal Jordil
SIGNATORY'S POSITION Executive Manager
SIGNATORY'S PHONE NUMBER NA
RESPONSE SIGNATURE /Steven Abreu/
SIGNATORY'S NAME Steven A. Abreu
SIGNATORY'S POSITION Attorney or record, MA bar member
SIGNATORY'S PHONE NUMBER 6174439292
DATE SIGNED 01/22/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri Jan 22 17:10:43 EST 2016
TEAS STAMP USPTO/ROA-XX.XX.XX.XX-201
60122171043370099-8659476
9-55026ca60e3b5f0898035bf
b2c9b25596ca1ebff346a6f69
6685e52952ee6746c-N/A-N/A
-20160122170411572492



Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action


To the Commissioner for Trademarks:

Application serial no. 86594769 ECOSYS EPC(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86594769/large) has been amended as follows:

EVIDENCE

Original PDF file:
evi_38979450-20160122170411572492_._Body_of_Office_Action_response_for_ECOSYS_EPC.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
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 01/01/2008 and first used in commerce at least as early as 01/01/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Computer application software for enterprising planning and controls, namely, software for project cost controls; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; downloadable mobile applications for enterprise planning and controls, not for use in the management of direct costs and for profitability analysis in the field of health care; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer softwareClass 009 for Computer application software for enterprising planning and controls, namely, software for project cost controls; downloadable mobile applications for enterprise planning and controls, not for use in the management of direct costs and for profitability analysis in the field of health care
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 01/01/2008 and first used in commerce at least as early as 01/01/2008 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of picture of the mark as used when the software is running and from the product website .
"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].
JPG file(s):
Specimen File1
Original PDF file:
SPU0-38979450-20160122170411572492_._9_Substitute_Specimen_1.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; Software as a service provider, namely, hosting computer software applications of others; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; Business technology software consultation services; Cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Computer and computer software rental; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer software
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 01/01/2008 and first used in commerce at least as early as 01/01/2008 , and is now in use in such commerce.

Proposed:
Tracked Text Description: EcoSys EPC (Enterprise Planning and Controls) is a web based software platform that fulfills the need for a software standard across owners, contractors, and suppliers for enterprise project controls in any industry executing capital projects. EcoSys EPC provides project controls best practices that an organization can tailor to its own needs while being Excel-like friendly in its ease of use. This powerful combination has matured in the market at the same time that these organizations have realized they no can no longer can work in Excel: they require the enterprise visibility, automation, and information sharing that EcoSys provides. EcoSys serves a powerful planning and forecasting tool that allows organizations to plan, track, and measure project performance while forecasting accurately and being able to get ahead of results with scenario analysis, troubleshooting, and course correction. In addition to ease of use, data analytics, and project controls best practices, EcoSys EPC functions as a powerful data hub with advanced data integration mechanisms combining needed data from ERPs, scheduling systems, engineering, and procurement data to create a cohesive consolidated view of project performance across an enterprise. In addition to enterprise project controls, EcoSys EPC also provides Capital Planning, Workforce Planning, and Project Portfolio Management capabilities. Advisory services in the field of product development and quality improvement of software; Provision of web-based non-downloadable software for project management, project and operation budgeting and accounting; Software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operations of such warehouses; cloud computing featuring software for use in enterprise planning and controls; Software as a service provider, namely, hosting computer software applications of others; software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operation of such warehouses; Software as a service provider, namely, hosting, managing, developing, and maintaining applications, software, and web sites, in the fields of personal productivity, wireless communication, mobile information access, and remote data management for wireless delivery of content to handheld computers, laptops and mobile electronic devices; cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; Business technology software consultation services; computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; design of computer software for enterprise planning and controls; Computer and computer software rental; technical support services, namely, troubleshooting of project cost control computer software problems; Computer hardware and software design; Computer monitoring service which tracks application software performance, performs periodic maintenance and provides reports and alerts concerning such performance; Computer network design and computer software design for the human resources industry; Computer programming and software design. Computer programming services for others in the field of software configuration management; Computer services, namely, integration of computer software into multiple systems and networks; Computer services, namely, remote and on-site management of the electronic messaging systems, the information technology systems, and the software applications of others; Computer services, namely, remote management of the electronic messaging systems, the information technology systems, and the software applications for others; Computer software consultancy; Computer software consultation; Computer software consulting; Computer software design; Computer software design and updating; Computer software design for others; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development and computer programming development for others; Computer software development in the field of enterprise project controls; Computer software development, computer programming and maintenance of computer software for others; Computer software rental. Consultancy in the field of software design; Consulting in the field of configuration management for computer hardware and software; Consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; Consulting services in the field of hosting computer software applications; Consulting services in the field of providing online, non-downloadable software and applications; Consulting services in the field of software as a service; Consulting services in the field of enterprise project controls; Consulting services in the fields of election, implementation and use of computer hardware and software systems for others; Copying of computer software; Creating, maintaining, and modernizing computer software; Software development in the field of enterprise project controls; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Debugging computer software for others; Design, development and implementation of software and technology solutions for the purpose of product and document authentication and tracking, and brand monitoring and protection, to protect against counterfeiting, tampering, and diversion, and to ensure the integrity of genuine products and documents; Design and writing of computer software; Design of computer networks and software for enterprise planning and controls; Design, maintenance, development and updating of computer software; Design, upgrading and rental of computer software; Developing and updating computer software; Developing computer software; Developing customized software for others; Developing software in the field of enterprise planning and controls; Hosting the software, and other computer applications of others on a virtual private server; Image processing software design. Inserting software protection programs and security programs onto magnetic media; Installation and maintenance of computer software; Installation and maintenance of Internet access software; Installation and maintenance of computer, Internet access, mobile phone, smartphone application software; Installation of computer software; Installation of computer, Internet access, mobile phone, and smartphone applications software; Installation, maintenance and repair of computer software; Installation, maintenance and repair of software for computer systems; Internet-based Software as a service provider, namely, hosting, managing, developing, analyzing, and maintaining the code, applications, and software for web sites of others; Maintenance and updating of computer software; Maintenance and upgrading of computer software; Maintenance of computer software; Technical support services, namely, remote administration and management of in-house and hosted datacenter devices, databases and software applications; Technical support services, namely, troubleshooting of computer software problems; Technical support services, namely, troubleshooting of project cost control computer software problems. Technology specification, namely, analyzing technology requirements and developing recommendations for the computer software and systems and other technology needed to meet those requirements, in the fields of business and warehouse management, marketing, reporting, document management, cost accounting, human resources; Up-dating of computer software; Updating and design of computer software; Updating and maintaining cloud-based computer software through on-line updates and enhancements; Updating and maintenance of computer software; Updating and rental of software for data processing; Updating of computer software; Updating of computer software for others; Updating of computer software relating to computer security and prevention of computer risks; Updating, design and rental of software; Writing and updating computer softwareClass 042 for Provision of web-based non-downloadable software for project management, project and operation budgeting and accounting; cloud computing featuring software for use in enterprise planning and controls; software as a service provider featuring software for use by industries that have any type of warehouse including food, pharmaceutical, storage and construction that lets them manage the business accounting and operation of such warehouses; cloud computing featuring software for use by industries in managing any type of warehouse, human resources, time and attendance and personnel evaluation tools; computer services, namely, acting as a software as a service provider in the field of enterprise project controls to host computer application software for the purpose of cost accounting, reporting, document repository, billing, timekeeping, human resources; design of computer software for enterprise planning and controls; technical support services, namely, troubleshooting of project cost control computer software problems
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 01/01/2008 and first used in commerce at least as early as 01/01/2008 , and is now in use in such commerce.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_38979450-170411572_._Completed_Signature_form_for_ECOSYS_EPC_response.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Dr. Benedikt Zebhauser
Signatory's Position: Head IP Department
Signatory's Phone Number: NA


Response Signature
Signature:
Signatory's Name: Pascal Jordil
Signatory's Position: Executive Manager

Signatory's Phone Number: NA

Response Signature
Signature: /Steven Abreu/     Date: 01/22/2016
Signatory's Name: Steven A. Abreu
Signatory's Position: Attorney or record, MA bar member

Signatory's Phone Number: 6174439292

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: 86594769
Internet Transmission Date: Fri Jan 22 17:10:43 EST 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.XX-201601221710433700
99-86594769-55026ca60e3b5f0898035bfb2c9b
25596ca1ebff346a6f696685e52952ee6746c-N/
A-N/A-20160122170411572492


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