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. 86969408 DEEPCONSUMER(Standard Characters, see http://uspto.report/TM/86969408/mark.png) has been amended as follows:

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

Please see the attached arguments

EVIDENCE
Evidence in the nature of arguments has been attached.
Original PDF file:
evi_6520722-20161213151720605647_._DEEPCONSUMER_-_Arguments.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Software; software for machine learning; software for artificial intelligence; software for data management; software for video, image, voice, audio, text, social networking, and other data feeds; software for personalized offerings; software for event management; software for retail services; software for consumer services; software for entertainment; software for banking; software for financial services; software for payment processing; software for fraud management; software for risk management; software for cyber security; software for industrial plant management; software for commercial plant management
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: Software; Software for machine learning; software for artificial intelligence; software for data management; software for video, image, voice, audio, text, social networking, and other data feeds; software for personalized offerings; software for event management; software for retail services; software for consumer services; software for banking; software for entertainment; software for financial services; software for payment processing; software for fraud management; software for risk management; software for cyber security; software for industrial plant management; software for commercial plant managementClass 009 for Software for machine learning; software for artificial intelligence; software for data management; software for video, image, voice, audio, text, social networking, and other data feeds; software for personalized offerings; software for event management; software for retail services; software for consumer services; software for banking; software for financial services; software for payment processing; software for fraud management; software for risk management; software for cyber security; software for industrial plant management; software for commercial plant management
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service; software as a service, namely, software for machine learning; software as a service, namely, software for artificial intelligence; software as a service, namely, software for data management; software as a service, namely, software for video, image, voice, audio, text, social networking, and other data feeds; software as a service, namely, software for personalized offerings; software as a service, namely, software for event management; software as a service, namely, software for retail services; software as a service, namely, software for consumer services; software as a service, namely, software for entertainment; software as a service, namely, software for banking; software as a service, namely, software for financial services; software as a service, namely, software for payment processing; software as a service, namely, software for fraud management; software as a service, namely, software for risk management; software as a service, namely, software for cyber security; software as a service, namely, software for industrial plant management; software as a service, namely, software for commercial plant management
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: Software as a service; Software as a service, namely, software for machine learning; software as a service, namely, software for artificial intelligence; software as a service, namely, software for data management; software as a service, namely, software for video, image, voice, audio, text, social networking, and other data feeds; software as a service, namely, software for personalized offerings; software as a service, namely, software for event management; software as a service, namely, software for retail services; software as a service, namely, software for consumer services; software as a service, namely, software for entertainment; software as a service, namely, software for banking; software as a service, namely, software for financial services; software as a service, namely, software for payment processing; software as a service, namely, software for fraud management; software as a service, namely, software for risk management; software as a service, namely, software for cyber security; software as a service, namely, software for industrial plant management; software as a service, namely, software for commercial plant managementClass 042 for Software as a service, namely, software for machine learning; software as a service, namely, software for artificial intelligence; software as a service, namely, software for data management; software as a service, namely, software for video, image, voice, audio, text, social networking, and other data feeds; software as a service, namely, software for personalized offerings; software as a service, namely, software for event management; software as a service, namely, software for retail services; software as a service, namely, software for consumer services; software as a service, namely, software for entertainment; software as a service, namely, software for banking; software as a service, namely, software for financial services; software as a service, namely, software for payment processing; software as a service, namely, software for fraud management; software as a service, namely, software for risk management; software as a service, namely, software for cyber security; software as a service, namely, software for industrial plant management; software as a service, namely, software for commercial plant management
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)
Declaration Signature
Original PDF file:
HS_6520722-151720605_._DEEPCONSUMER_-_Verified_Statement.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Scott Edington
Signatory's Position: CEO
Signatory's Phone Number: 202 408 4353 (Applicant's Counsel)


Response Signature
Signature: /Danny M. Awdeh/     Date: 12/13/2016
Signatory's Name: Danny M. Adweh
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202 408 4353

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: 86969408
Internet Transmission Date: Tue Dec 13 15:30:43 EST 2016
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2016121315304348650
1-86969408-57036a5ac31db2acd8279d281c0ef
92b71e774e3fbbbfe7faeaf9d161e1f3dbcf-N/A
-N/A-20161213152954748816