Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86280182 U UBIQUITI NETWORKS (Stylized and/or with Design, see http://tsdr.gov.uspto.report/img/86280182/large) has been amended as follows:

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

Dear Commissioner:

Applicant respectfully submits this communication as a response to the non-final office action mailed August 29, 2014. 

AMENDMENT TO IDENTIFICATION

            The Examining Attorney requests clarification of Applicant’s descriptions in International Classes 9, 38, and 42.  Applicant wishes to adopt the amended identification as submitted with this response.

LIKELIHOOD OF CONFUSION

            The Examining Attorney has refused registration of Applicant’s U UBIQUITI NETWORKS (design) mark on Section 2(d) grounds due to the UBIQUITY marks in U.S. Registration No. 2,244,359, covering Class 9, and U.S. Registration No. 2,932,741, covering Classes 38 and 42.  Both registrations are owned by Thrupoint Limited (“Registrant”).  On October 9, 2013, Applicant and Registrant entered into a worldwide co-existence agreement covering their respective uses of the UBIQUITI and UBIQUITY marks.  The parties have operated in their respective fields of use since as early as 2005.  The parties agree that there is no likelihood of confusion between Applicant’s use of the UBIQUITI term in Applicant’s field of use and Registrant’s use of the UBIQUITY mark in Registrant’s field of use.  Applicant operates in the wireless networking space, whereas Registrant provides SIP technology, which is technology used for multimedia communications.  Attached hereto as Exhibit A is copy of the executed co-existence agreement between Applicant and Registrant.  Registrant has provided its consent to Applicant’s previous applications for UBIQUITI-related marks.  Accordingly, Applicant respectfully requests the examining attorney to withdraw the citations to Registrant’s registrations and permit Applicant’s U UBIQUITI NETWORKS (and design) application to proceed to publication.

COMMENTS

            If the Examining Attorney has any questions or wishes to discuss any of the information contained herein, so as to expedite matters, the Examining Attorney is requested to telephone the undersigned at (415) 268-6538.

 

EVIDENCE
Evidence in the nature of exhibit in support of office action response has been attached.
Original PDF file:
evi_20413008-20150302205055585884_._Co-Existence_Agreement-Exhibit_A.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Broadband wireless equipment, namely, telecommunications base station equipment for wireless and fixed networking communications applications; computer software for administration of computer networks and information technology (IT) systems, for administration of video, voice, and data transmission, for connecting radio networks, for setting up and configuring local area networks, for setting up and configuring wide area networks, for use in network management, for connecting users on wireless networks, for connecting computer network users, for communicating with users of hand-held computers, for controlling and managing access server applications, for management of communication equipment, for wireless content delivery, for controlling the operation of an antenna system, for synchronizing GPS clocks in antenna systems, for communication and data networking services; communications software for connecting users on wireless networks, computer networks, and information technology (IT) systems; wired and wireless communications devices for voice, data or image transmission; power adaptors; communications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; computer hardware for use in network management; broadband communication equipment, namely networking routers and networking switches; wireless access point (WAP) devices; devices for wireless radio transmission; wireless point-to-multipoint radios; wireless point-to-multipoint radios; wireless transmitters and receivers; radio antennae; microwave transmission apparatus for delivering audio visual content, software, and data; electronic transmitters and receivers for wireless networks, namely, transmitters and receivers of electronic signals; machine-to-machine communication devices; intelligent embedded networking devices; smart sensors; remote controlled devices, namely, sensors, switches, power controllers, and power strips; electronic control systems for devices, namely, controllers to monitor and control the functioning of other electronic devices; remote control telemetering machines and apparatus; audio and video recording systems featuring network management functionalities; video cameras; digital video recorders; IP (Internet protocol) cameras; camera system comprising of video camera and software to remotely access the video camera through web browser; surveillance system comprising of video camera and software to remotely access the video camera through remote internet access; computer hardware for IP video surveillance; network video recording software for IP (Internet Protocol) video surveillance; automated self-contained electronic surveillance devices, namely, video cameras that can be deployed to gather evidence or intelligence in remote locations; solar cells; solar batteries; solar panels for production of electricity; solar energy inverters; solar energy converters; solar energy systems for residential and commercial use; computer software for the control, planning, regulating and monitoring of solar energy systems for residential and commercial use; electric apparatus for monitoring solar energy system performance; telecommunications equipment, namely, inbound and outbound telecommunications call management apparatus comprising computers and computer software for processing, routing calls, and distribute voice and data telecommunications; call management apparatus comprising computers and computer software for processing, routing calls; telecommunications call management software for originating, processing and routing calls to telecommunication carriers and other telecommunication service providers; electronic storage devices, namely, blank flash drive, memory media, hard drive, and storage subsystems for storage and backup of electronic data either locally or remotely via internet; digital media streaming devices; computer peripherals and control and input devices, namely, wireless media sticks, dongles and smart sticks to control and manage display monitors; wireless media sticks to control, manage, stream and store videos and images; media stick hardware; media stick operating software; display monitor operating software; digital display management systems; media players; digital media receivers; software for management and control of display monitors; cloud controlled device, platform and software for managing and controlling advertisements on screens, monitors and electronic displays; advertising management apparatus
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: Broadband wireless equipment, namely, telecommunications base station equipment for wireless and fixed networking communications applications; computer software for administration of computer networks and information technology (IT) systems, for administration of video, voice, and data transmission, for connecting radio networks, for setting up and configuring local area networks, for setting up and configuring wide area networks, for use in network management, for connecting users on wireless networks, for connecting computer network users, for communicating with users of hand-held computers, for controlling and managing access server applications, for management of communication equipment, for wireless content delivery, for controlling the operation of an antenna system, for synchronizing GPS clocks in antenna systems, for communication and data networking services; computer software for administration of computer networks and information technology (IT) systems, for administration of video, voice, and data transmission, for connecting radio networks, for setting up and configuring local area networks, for setting up and configuring wide area networks, for use in network management, for connecting users on wireless networks, for connecting computer network users, for communicating with users of hand-held computers, for controlling and managing access server applications, for management of communication equipment, for wireless content delivery, for controlling the operation of an antenna system, for synchronizing GPS clocks in antenna systems, for communication in the nature of providing transmission of data between two points and data networking services; communications software for connecting users on wireless networks, computer networks, and information technology (IT) systems; wired and wireless communications devices for voice, data or image transmission; power adaptors; communications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; computer hardware for use in network management; broadband communication equipment, namely networking routers and networking switches; wireless access point (WAP) devices; devices for wireless radio transmission; wireless point-to-multipoint radios; wireless point-to-multipoint radios; wireless transmitters and receivers; radio antennae; microwave transmission apparatus for delivering audio visual content, software, and data; electronic transmitters and receivers for wireless networks, namely, transmitters and receivers of electronic signals; machine-to-machine communication devices, namely, networked machine interface and monitor, networked sensor interface, networked sensors, remotely monitored sensors, remotely controlled actuators, networked power outlets, networked electrical switches, remotely controlled power outlets, remotely controlled electrical switches; machine-to-machine communication devices; intelligent embedded networking devices in the nature of networked programmable controller, automated controller with wired or wireless network connection, networked programmable sensor interface; intelligent embedded networking devices; smart motion, light, temperature, gas, pressure, acoustic, chemical environmental, positional, optical, proximity, electric, acceleration sensors; smart sensors; remote controlled devices, namely, motion, light, temperature, gas, pressure, acoustic, chemical environmental, positional, optical, proximity, electric, acceleration sensors, Ethernet switches, power controllers, and power strips; remote controlled devices, namely, sensors, switches, power controllers, and power strips; electronic control systems for devices, namely, controllers to monitor and control the functioning of remotely located devices; electronic control systems for devices, namely, controllers to monitor and control the functioning of other electronic devices; remote control telemetering machines and apparatus; audio and video recording systems featuring network management functionalities, namely, Internet digital video recorders, networked digital video recorders, audio and video streaming devices; audio and video recording systems featuring network management functionalities; video cameras; digital video recorders; IP (Internet Protocol) cameras; camera system comprising of video camera and software to remotely access the video camera through web browser; surveillance system comprising of video camera and software to remotely access the video camera through remote internet access; computer hardware for IP video surveillance; network video recording software for IP (Internet Protocol) video surveillance; automated self-contained electronic surveillance devices, namely, video cameras that can be deployed to gather evidence or intelligence in remote locations; solar cells; solar batteries; solar panels for production of electricity; solar energy inverters; solar energy converters; solar energy systems for residential and commercial use; computer software for the control, planning, regulating and monitoring of solar energy systems for residential and commercial use, namely, photovoltaic systems that convert sunlight into electric and thermal energy; computer software for the control, planning, regulating and monitoring of solar energy systems for residential and commercial use; electric apparatus for monitoring solar energy system performance; telecommunications equipment, namely, inbound and outbound telecommunications call management apparatus comprising computers and computer software for processing, routing calls, and distribute voice and data telecommunications; call management apparatus comprising computers and computer software for processing and routing calls; call management apparatus comprising computers and computer software for processing, routing calls; telecommunications call management software for originating, processing and routing calls to telecommunication carriers and other telecommunication service providers; electronic storage devices, namely, blank USB flash drive, memory media, external computer hard drives, and high-speed storage subsystems for storage and backup of electronic data either locally or remotely via internet; electronic storage devices, namely, blank flash drive, memory media, hard drive, and storage subsystems for storage and backup of electronic data either locally or remotely via internet; digital media streaming devices; computer peripherals and control and input devices, namely, dongles and memory cards to control and manage display monitors; computer peripherals and control and input devices, namely, wireless media sticks, dongles and smart sticks to control and manage display monitors; wireless memory cards to control, manage, stream and store videos and images; wireless media sticks to control, manage, stream and store videos and images; memory cards in the nature of hardware; media stick hardware; memory card operating software; media stick operating software; display monitor operating software; digital display management systems, namely, computer hardware and software system for managing electronic displays in the nature of digital signage; digital display management systems; media players; digital media receivers; software for management and control of display monitors; cloud controlled device in the nature of computer hardware, platform in the nature of computer operating system and software for managing and controlling advertisements on screens, monitors and electronic displays; cloud controlled device, platform and software for managing and controlling advertisements on screens, monitors and electronic displays; advertising management apparatus in the nature of an ad server, namely, a computer server for storing advertisements and delivering advertisements to websites; advertising management apparatusClass 009 for Broadband wireless equipment, namely, telecommunications base station equipment for wireless and fixed networking communications applications; computer software for administration of computer networks and information technology (IT) systems, for administration of video, voice, and data transmission, for connecting radio networks, for setting up and configuring local area networks, for setting up and configuring wide area networks, for use in network management, for connecting users on wireless networks, for connecting computer network users, for communicating with users of hand-held computers, for controlling and managing access server applications, for management of communication equipment, for wireless content delivery, for controlling the operation of an antenna system, for synchronizing GPS clocks in antenna systems, for communication in the nature of providing transmission of data between two points and data networking services; communications software for connecting users on wireless networks, computer networks, and information technology (IT) systems; wired and wireless communications devices for voice, data or image transmission; power adaptors; communications and data networking hardware, namely, devices for transporting and aggregating voice, data, and video communications across multiple network infrastructures and communications protocols; computer hardware for use in network management; broadband communication equipment, namely networking routers and networking switches; wireless access point (WAP) devices; devices for wireless radio transmission; wireless point-to-multipoint radios; wireless transmitters and receivers; radio antennae; microwave transmission apparatus for delivering audio visual content, software, and data; electronic transmitters and receivers for wireless networks, namely, transmitters and receivers of electronic signals; machine-to-machine communication devices, namely, networked machine interface and monitor, networked sensor interface, networked sensors, remotely monitored sensors, remotely controlled actuators, networked power outlets, networked electrical switches, remotely controlled power outlets, remotely controlled electrical switches; intelligent embedded networking devices in the nature of networked programmable controller, automated controller with wired or wireless network connection, networked programmable sensor interface; smart motion, light, temperature, gas, pressure, acoustic, chemical environmental, positional, optical, proximity, electric, acceleration sensors; remote controlled devices, namely, motion, light, temperature, gas, pressure, acoustic, chemical environmental, positional, optical, proximity, electric, acceleration sensors, Ethernet switches, power controllers, and power strips; electronic control systems for devices, namely, controllers to monitor and control the functioning of remotely located devices; remote control telemetering machines and apparatus; audio and video recording systems featuring network management functionalities, namely, Internet digital video recorders, networked digital video recorders, audio and video streaming devices; video cameras; digital video recorders; IP (Internet Protocol) cameras; camera system comprising of video camera and software to remotely access the video camera through web browser; surveillance system comprising of video camera and software to remotely access the video camera through remote internet access; computer hardware for IP video surveillance; network video recording software for IP (Internet Protocol) video surveillance; automated self-contained electronic surveillance devices, namely, video cameras that can be deployed to gather evidence or intelligence in remote locations; solar cells; solar batteries; solar panels for production of electricity; solar energy inverters; solar energy converters; solar energy systems for residential and commercial use; computer software for the control, planning, regulating and monitoring of solar energy systems for residential and commercial use, namely, photovoltaic systems that convert sunlight into electric and thermal energy; electric apparatus for monitoring solar energy system performance; telecommunications equipment, namely, inbound and outbound telecommunications call management apparatus comprising computers and computer software for processing, routing calls, and distribute voice and data telecommunications; call management apparatus comprising computers and computer software for processing and routing calls; telecommunications call management software for originating, processing and routing calls to telecommunication carriers and other telecommunication service providers; electronic storage devices, namely, blank USB flash drive, memory media, external computer hard drives, and high-speed storage subsystems for storage and backup of electronic data either locally or remotely via internet; digital media streaming devices; computer peripherals and control and input devices, namely, dongles and memory cards to control and manage display monitors; wireless memory cards to control, manage, stream and store videos and images; memory cards in the nature of hardware; memory card operating software; display monitor operating software; digital display management systems, namely, computer hardware and software system for managing electronic displays in the nature of digital signage; media players; digital media receivers; software for management and control of display monitors; cloud controlled device in the nature of computer hardware, platform in the nature of computer operating system and software for managing and controlling advertisements on screens, monitors and electronic displays; advertising management apparatus in the nature of an ad server, namely, a computer server for storing advertisements and delivering advertisements to websites
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 038 for telecommunications services, namely providing internet connectivity for wireless and remote controlled devices; wireless broadband data transmission and services; remote management of telecommunication systems and devices; electronic data transmission services, namely, transmission and distribution of audio visual content, software, and data to computer network systems; providing multiple-user access to a global computer information network for the transfer and dissemination of audio visual content, software and data
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: Telecommunications services, namely providing internet connectivity for wireless and remote controlled devices; wireless broadband data transmission and services; remote management of telecommunication systems and devices; electronic data transmission services, namely, transmission and distribution of audio visual content, software, and data to computer network systems; providing multiple-user access to a global computer information network for the transfer and dissemination of audio visual content, software and dataClass 038 for Telecommunications services, namely providing internet connectivity for wireless and remote controlled devices; wireless broadband data transmission and services; electronic data transmission services, namely, transmission and distribution of audio visual content, software, and data to computer network systems; providing multiple-user access to a global computer information network for the transfer and dissemination of audio visual content, software and data
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 Computer services, namely, remote management of communication systems and devices, wireless networks, computer networks, telephone networks, and information technology (IT) systems of others; providing virtual computer systems and virtual computer environments through cloud computing for configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, information technology (IT) systems, and remote controlled devices; hosting an interactive website for purposes of configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; providing virtual computer systems and virtual computer environments through cloud computing for collecting and analyzing data from wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; computer services, namely, creating an on-line community for users to participate in discussions, obtain technical support, get feedback from their peers, form user groups, and engage in social networking services in the fields of communications technology, communications hardware and software, networking hardware and software, information technology (IT), and wireless networking; providing an internet portal for configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, information technology (IT) systems, sensors, and remote controlled devices, for providing information in the field of communications technology, communications hardware and software, networking hardware and software, information technology (IT) systems, and wireless networking, and for providing technical and customer support services, namely, troubleshooting in the nature of diagnosing computer software and hardware problems, monitoring of computer usage, connections, and service quality of communication systems and devices, computer networks, telephone networks, and information technology (IT) systems for others for technological purposes; providing technical and customer support services, namely, troubleshooting of computer software and hardware problems in the field of networking hardware and software, information technology (IT), and wireless networking; providing non-downloadable software for controlling, regulating and monitoring solar energy systems for residential and commercial use; providing cloud-based software for control and management of digital media streaming; providing non-downloadable software for control and management of digital media streaming devices
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: Computer services, namely, remote management of communication systems and devices, wireless networks, computer networks, telephone networks, and information technology (IT) systems of others; providing virtual computer systems and virtual computer environments through cloud computing for configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, information technology (IT) systems, and remote controlled devices; hosting an interactive website for purposes of configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; computer services, namely, hosting an interactive website that allows users to configure, manage, track, monitor, control and operate wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; providing virtual computer systems and virtual computer environments through cloud computing for collecting and analyzing data from wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; computer services, namely, creating an on-line community for users to participate in discussions, obtain technical support, get feedback from their peers, form user groups, and engage in social networking services in the fields of communications technology, communications hardware and software, networking hardware and software, information technology (IT), and wireless networking; providing an internet portal for configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, information technology (IT) systems, sensors, and remote controlled devices, for providing information in the field of communications technology, communications hardware and software, networking hardware and software, information technology (IT) systems, and wireless networking, and for providing technical and customer support services, namely, troubleshooting in the nature of diagnosing computer software and hardware problems, monitoring of computer usage, connections, and service quality of communication systems and devices, computer networks, telephone networks, and information technology (IT) systems for others for technological purposes; providing website featuring technology that enables users to configure, manage, track, monitor, control and operate wireless networks, wireless devices, information technology (IT) systems, sensors, and remote controlled devices; providing technical and customer support services, namely, troubleshooting of computer software and hardware problems in the field of networking hardware and software, information technology (IT), and wireless networking; providing an Internet portal featuring technological information in the field of communications technology, communications hardware and software, networking hardware and software, information technology (IT) systems, and wireless networking; providing non-downloadable software for controlling, regulating and monitoring solar energy systems for residential and commercial use; providing an Internet portal for providing technical and customer support services, namely, troubleshooting in the nature of diagnosing computer software and hardware problems, monitoring of computer usage, connections, and service quality of communication systems and devices, computer networks, telephone networks, and information technology (IT) systems for others for technological purposes; providing cloud-based software for control and management of digital media streaming; providing technical and customer support services, namely, troubleshooting and diagnosis of computer software and hardware problems in the field of networking hardware and software, information technology (IT), and wireless networking; providing online non-downloadable software for controlling, regulating and monitoring solar energy systems for residential and commercial use; providing online non-downloadable cloud-based software for control and management of digital media streaming; providing non-downloadable software for control and management of digital media streaming devices; computer services, namely, remote management of telecommunication systems and devices for othersClass 042 for Computer services, namely, remote management of communication systems and devices, wireless networks, computer networks, telephone networks, and information technology (IT) systems of others; providing virtual computer systems and virtual computer environments through cloud computing for configuring, managing, tracking, monitoring, controlling and operating wireless networks, wireless devices, information technology (IT) systems, and remote controlled devices; computer services, namely, hosting an interactive website that allows users to configure, manage, track, monitor, control and operate wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; providing virtual computer systems and virtual computer environments through cloud computing for collecting and analyzing data from wireless networks, wireless devices, computer networks, telephone networks, information technology (IT) systems, sensors, and remote controlled devices; computer services, namely, creating an on-line community for users to participate in discussions, obtain technical support, get feedback from their peers, form user groups, and engage in social networking services in the fields of communications technology, communications hardware and software, networking hardware and software, information technology (IT), and wireless networking; providing website featuring technology that enables users to configure, manage, track, monitor, control and operate wireless networks, wireless devices, information technology (IT) systems, sensors, and remote controlled devices; providing an Internet portal featuring technological information in the field of communications technology, communications hardware and software, networking hardware and software, information technology (IT) systems, and wireless networking; providing an Internet portal for providing technical and customer support services, namely, troubleshooting in the nature of diagnosing computer software and hardware problems, monitoring of computer usage, connections, and service quality of communication systems and devices, computer networks, telephone networks, and information technology (IT) systems for others for technological purposes; providing technical and customer support services, namely, troubleshooting and diagnosis of computer software and hardware problems in the field of networking hardware and software, information technology (IT), and wireless networking; providing online non-downloadable software for controlling, regulating and monitoring solar energy systems for residential and commercial use; providing online non-downloadable cloud-based software for control and management of digital media streaming; providing non-downloadable software for control and management of digital media streaming devices; computer services, namely, remote management of telecommunication systems and devices for others
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 hereby adds the following class of goods/services to the application:
New: Class 037 for Providing technical and customer support services, namely, troubleshooting of computer hardware repair problems in the field of networking hardware and software, information technology (IT), and wireless networking
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use NETWORKS apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4524112, 4524111, and 4232556.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon later review, require a signed declaration.
Response Signature
Signature: /Jennifer Lee Taylor/     Date: 03/02/2015
Signatory's Name: Jennifer Lee Taylor
Signatory's Position: Attorney of record, California bar member

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

        
RAM Sale Number: 86280182
RAM Accounting Date: 03/03/2015
        
Serial Number: 86280182
Internet Transmission Date: Mon Mar 02 20:58:31 EST 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.X.X-201503022058318530
03-86280182-530b8b11b7073666e272d1e129b3
7ea7419014b6bd5233b82195e254f734856bb-DA
-9640-20150302205055585884