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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87073052 FIREBASE(Standard Characters, see http://uspto.report/TM/87073052/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Computer data processing, namely, storing, saving, updating, and syncing data for online and offline use by order of third parties

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of on-line non-downloadable software for use in syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Data warehousing, namely, storing, saving, updating, and syncing data for online and offline use by order of third parties; online electronic data storage services; computer software design and consulting services; application service provider (ASP), namely, hosting computer software applications of others; application programming interface (API) software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; platform as a service (PAAS) featuring computer software platforms for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; software as a service (SAAS) services featuring software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Providing temporary use of on-line non-downloadable software development tools
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2016 and first used in commerce at least as early as 05/18/2016 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Providing temporary use of on-line non-downloadable software for use in syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Data warehousing, namely, storing, saving, updating, and syncing data for online and offline use by order of third parties; Providing temporary use of on-line non-downloadable software for data processing, namely, storing, saving, updating, and syncing data for online and offline use by order of third parties; electronic storage and back-up of data in computer databases for online and offline use by order of third parties; online electronic data storage services; computer software design and consulting services; application service provider (ASP), namely, hosting computer software applications of others; application programming interface (API) software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; platform as a service (PAAS) featuring computer software platforms for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; software as a service (SAAS) services featuring software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Providing temporary use of on-line non-downloadable software development toolsClass 042 for Providing temporary use of on-line non-downloadable software for use in syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Providing temporary use of on-line non-downloadable software for data processing, namely, storing, saving, updating, and syncing data for online and offline use by order of third parties; electronic storage and back-up of data in computer databases for online and offline use by order of third parties; online electronic data storage services; computer software design and consulting services; application service provider (ASP), namely, hosting computer software applications of others; application programming interface (API) software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; platform as a service (PAAS) featuring computer software platforms for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; software as a service (SAAS) services featuring software for the creation of mobile internet applications and client interfaces, for syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, mobile payment services; Providing temporary use of on-line non-downloadable software development tools
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 05/18/2016 and first used in commerce at least as early as 05/18/2016 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examining Attorney has refused registration of the applied-for mark ("the Mark") in Class 35 on the grounds that the specimen does not show the Mark in use in commerce in connection with the services specified in Class 35. In this Response to Office Action, Applicant has deleted Class 35 from the application. Accordingly, Applicant respectfully asserts that the specimen-based refusal is obviated and that, given the other amendments in this Response, the application is in condition for publication. Applicant requests that the application be so forwarded.


SIGNATURE(S)
Response Signature
Signature: /Matthew J. Snider/     Date: 01/16/2018
Signatory's Name: Matthew J. Snider
Signatory's Position: Attorney of Record, Michigan Bar Member

Signatory's Phone Number: 734-623-1909

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: 87073052
Internet Transmission Date: Tue Jan 16 11:46:48 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018011611464872
5775-87073052-51086d16e8c2a61e3422316675
6aa60b5ef1a5b59923585b9fb63df443df5e087-
N/A-N/A-20180116105351679756