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)

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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. 86609478 MOVETV(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86609478/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The Examining Attorney has requested changes to Applicant's services description.  Applicant has made changes to the services description to address the Examining Attorney's concerns.  The Office Action also indicates that some of the services are classified in a separate class, and additional fees are due.  In response thereto, Applicant has removed these additional services from the application.


CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Custom design, engineering, and integration of computer systems and networks, namely, integration of cable television systems, multimedia content distribution systems, and video and audio communications systems; design and planning services in the field of cable television systems, content distribution systems, and communications systems; technical support, namely, monitoring of cable television systems, content distribution systems, and communications systems; technical consultation and computer software consultation in the field of broadband communications systems; consulting services in the field of design, selection, implementation, and use of computer hardware and software for others; customization of computer hardware and software for others; software as a service (SaaS) services featuring software for electronic transmission and delivery of audio, video and multimedia content; software as a service (SaaS) services featuring software for use by the broadband communications and cable industries for use in network management and for customer account management; software as a service (SaaS) services featuring software for electronic commerce, video-on-demand, interactive online games, browsing the Internet, and sending and receiving email and instant messages; software as a service (SaaS) services featuring software for use in connection with monitoring software performance, collecting and analyzing customer data for sales and marketing purposes, managing customer accounts and customer access, and tracking and directing advertising to customers. software as a service (SaaS) services featuring software for the operation of cable television systems, content distribution systems, and communication systems; software as a service (SaaS) services featuring software for facilitating video communications between parties; software as a service (SaaS) services featuring software for uploading, posting, displaying, editing, organizing, transmitting, sharing and tagging video, images, audio and content; software as a service (SaaS) services featuring software for accessing the Internet and computer networks; software as a service (SaaS) services featuring software for operating computers; software as a service (SaaS) services featuring software for wireless or remote connectivity to computer networks, applications, devices, systems, communication equipment, video equipment, telecommunications equipment, peripherals, and databases; software as a service (SaaS) services featuring software for the transmission of voice, data, audio, and video; software as a service (SaaS) services featuring software for providing video, audio, data, video game, and telephone communications and transmissions; software as a service (SaaS) services featuring software for sending, storing, managing, integrating and accessing voice, video, images, data and text and voice messages via telephones, computers, set top boxes, electronic mail, pagers, personal digital assistants, computer peripherals, and internal and global computer networks; software as a service (SaaS) services featuring software for connecting individuals, information, applications, communication tools, and content across computer networks, systems, and devices; software as a service (SaaS) services featuring software for use in computer system and device backup, recovery, and restoration; software as a service (SaaS) services featuring software for computer anti-virus protection. software as a service (SaaS) services featuring software for computer security; software as a service (SaaS) services featuring software for protecting computers from being compromised; software as a service (SaaS) services featuring software for privacy control
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Custom design, engineering, and integration of computer systems and networks, namely, integration of cable television systems, multimedia content distribution systems, and video and audio communications systems; design and planning services in the field of cable television systems, content distribution systems, and communications systems; Design and planning of cable television systems, content distribution systems, and communications systems; technical support, namely, monitoring of cable television systems, content distribution systems, and communications systems; technical consultation and computer software consultation in the field of broadband communications systems; consulting services in the field of design, selection, implementation, and use of computer hardware and software for others; customization of computer hardware and software for others; customization of computer software for others; software as a service (SaaS) services featuring software for electronic transmission and delivery of audio, video and multimedia content; software as a service (SaaS) services featuring software for use by the broadband communications and cable industries for use in network management and for customer account management; software as a service (SaaS) services featuring software for electronic commerce, video-on-demand, interactive online games, browsing the Internet, and sending and receiving email and instant messages; software as a service (SaaS) services featuring software for use in connection with monitoring software performance, collecting and analyzing customer data for sales and marketing purposes, managing customer accounts and customer access, and tracking and directing advertising to customers. software as a service (SaaS) services featuring software for the operation of cable television systems, content distribution systems, and communication systems; software as a service (SaaS) services featuring software for use in connection with monitoring software performance, collecting and analyzing customer data for sales and marketing purposes, managing customer accounts and customer access, and tracking and directing advertising to customers; software as a service (SaaS) services featuring software for the operation of cable television systems, content distribution systems, and communication systems; software as a service (SaaS) services featuring software for facilitating video communications between parties; software as a service (SaaS) services featuring software for uploading, posting, displaying, editing, organizing, transmitting, sharing and tagging video, images, audio and content; software as a service (SaaS) services featuring software for operating computers; software as a service (SaaS) services featuring software for accessing the Internet and computer networks; software as a service (SaaS) services featuring software for wireless or remote connectivity to computer networks, applications, devices, systems, communication equipment, video equipment, telecommunications equipment, peripherals, and databases; software as a service (SaaS) services featuring software for the transmission of voice, data, audio, and video; software as a service (SaaS) services featuring software for providing video, audio, data, video game, and telephone communications and transmissions; software as a service (SaaS) services featuring software for sending, storing, managing, integrating and accessing voice, video, images, data and text and voice messages via telephones, computers, set top boxes, electronic mail, pagers, personal digital assistants, computer peripherals, and internal and global computer networks; software as a service (SaaS) services featuring software for connecting individuals, information, applications, communication tools, and content across computer networks, systems, and devices; software as a service (SaaS) services featuring software for use in computer system and device backup, recovery, and restoration; software as a service (SaaS) services featuring software for computer anti-virus protection; software as a service (SaaS) services featuring software for computer anti-virus protection. software as a service (SaaS) services featuring software for computer security; software as a service (SaaS) services featuring software for computer security; software as a service (SaaS) services featuring software for protecting computers from being compromised; software as a service (SaaS) services featuring software for use in securing video delivery networks; software as a service (SaaS) services featuring software for privacy control; software as a service (SaaS) services featuring software for privacy control.Class 042 for Custom design, engineering, and integration of computer systems and networks, namely, integration of cable television systems, multimedia content distribution systems, and video and audio communications systems; Design and planning of cable television systems, content distribution systems, and communications systems; technical support, namely, monitoring of cable television systems, content distribution systems, and communications systems; technical consultation and computer software consultation in the field of broadband communications systems; consulting services in the field of design, selection, implementation, and use of computer hardware and software for others; customization of computer software for others; software as a service (SaaS) services featuring software for electronic transmission and delivery of audio, video and multimedia content; software as a service (SaaS) services featuring software for use by the broadband communications and cable industries for use in network management and for customer account management; software as a service (SaaS) services featuring software for electronic commerce, video-on-demand, interactive online games, browsing the Internet, and sending and receiving email and instant messages; software as a service (SaaS) services featuring software for use in connection with monitoring software performance, collecting and analyzing customer data for sales and marketing purposes, managing customer accounts and customer access, and tracking and directing advertising to customers; software as a service (SaaS) services featuring software for the operation of cable television systems, content distribution systems, and communication systems; software as a service (SaaS) services featuring software for facilitating video communications between parties; software as a service (SaaS) services featuring software for uploading, posting, displaying, editing, organizing, transmitting, sharing and tagging video, images, audio and content; software as a service (SaaS) services featuring software for accessing the Internet and computer networks; software as a service (SaaS) services featuring software for wireless or remote connectivity to computer networks, applications, devices, systems, communication equipment, video equipment, telecommunications equipment, peripherals, and databases; software as a service (SaaS) services featuring software for the transmission of voice, data, audio, and video; software as a service (SaaS) services featuring software for providing video, audio, data, video game, and telephone communications and transmissions; software as a service (SaaS) services featuring software for sending, storing, managing, integrating and accessing voice, video, images, data and text and voice messages via telephones, computers, set top boxes, electronic mail, pagers, personal digital assistants, computer peripherals, and internal and global computer networks; software as a service (SaaS) services featuring software for use in computer system and device backup, recovery, and restoration; software as a service (SaaS) services featuring software for computer anti-virus protection; software as a service (SaaS) services featuring software for computer security; software as a service (SaaS) services featuring software for use in securing video delivery networks; software as a service (SaaS) services featuring software for privacy control.
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

SIGNATURE(S)
Response Signature
Signature: /Max S Gratton/     Date: 01/12/2016
Signatory's Name: Max S Gratton
Signatory's Position: Attorney of Record, Colorado bar member

Signatory's Phone Number: (303) 706-4506

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: 86609478
Internet Transmission Date: Tue Jan 12 16:17:09 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20160112161709501
794-86609478-5507162d570bac3eeeaf280dc5c
cd0a432359f54a8502691b01e8135bcb7345dcc-
N/A-N/A-20160112161330599310