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:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 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
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 for machine learning; software for artificial intelligence; software for artificial intelligence in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other artificial intelligence purposes; software for data management; software for video, image, voice, audio, text, social networking, and other data feeds; software for video, image, voice, audio, text, social networking, and other data feeds in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and machine learning purposes; software for personalized offerings; software for personalized offerings in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and for other personalized offerings; software for event management; software for retail services; software for retail services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other retail service purposes; software for consumer services; software for consumer services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other consumer service purposes; software for entertainment in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other entertainment purposes; 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 managementClass 009 for Software for machine learning; software for artificial intelligence in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other artificial intelligence purposes; software for data management; software for video, image, voice, audio, text, social networking, and other data feeds in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and machine learning purposes; software for personalized offerings in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and for other personalized offerings; software for event management; software for retail services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other retail service purposes; software for consumer services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other consumer service purposes; software for entertainment in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other entertainment purposes; 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, 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, namely, software for machine learning; software as a service, namely, software for artificial intelligence; software as a service, namely software for artificial intelligence in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other artificial intelligence purposes; 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 video, image, voice, audio, text, social networking, and other data feeds in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and machine learning purposes; software as a service, namely, software for personalized offerings; software as a service, namely software for personalized offerings in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and for other 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 retail services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other retail service purposes; software as a service, namely, software for consumer services; software as a service, namely software for consumer services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other consumer service purposes; software as a service, namely, software for entertainment; software as a service, namely software for entertainment in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other entertainment purposes; 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 in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other artificial intelligence purposes; 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 in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and machine learning purposes; software as a service, namely software for personalized offerings in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and for other personalized offerings; software as a service, namely, software for event management; software as a service, namely software for retail services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect production irregularities, monitor quality control protocols, detect predictable and anomalous behavior and activities, and other retail service purposes; software as a service, namely software for consumer services in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other consumer service purposes; software as a service, namely software for entertainment in the nature of software for reviewing and analyzing audio files, video files, text files, social media databases, financial data, health data, consumer spending data, demographic information, business productivity data, business sales data, and other data feeds to produce advertising, analyze purchasing trends, provide financial, health, and business information, advice, and offerings, detect fraudulent activity and security breaches, detect predictable and anomalous behavior and activities, and other entertainment purposes; 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)
Response Signature
Signature: /Danny Awdeh/     Date: 06/28/2017
Signatory's Name: Danny Awdeh
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202.408.4000

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: Wed Jun 28 07:14:37 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2017062807143722537
1-86969408-590c1efcc579756322b0aac18c49b
1c477a822dbdb572367c2ebe938cf839599d7-N/
A-N/A-20170628071335061352