TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87124898 COGNITIVE OPERATIONS(Standard Characters, see http://uspto.report/TM/87124898/mark.png) has been amended as follows:

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

First, in regard to the descriptiveness refusal directed to use of the mark with cognitive networks, the description of the services is amended to limit use of the mark with monitoring non-cognitive networks instead of networks generally. Thus, this rejection is now moot and must be withdrawn.

Second, in regard to the grammatical informality identified in the description of the services, both of the recommended amendments have been made.

Third, in regard to the Request for Additional Information, I have attached a pdf of a webpage that discusses an overview of the products and services offered by pagerduty. If more specific information is needed for a particular feature, please advise.


EVIDENCE

Original PDF file:
evi_7099136106-20180103172213608347_._Platform_Features___PagerDuty.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Technical support services, namely, monitoring of network systems, servers and web and database applications and notification of related events and alerts; and providing consultation servies in connnection therewith consisting of insights and recommendations for the monitored network systems
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: Technical support services, namely, monitoring of network systems, servers and web and database applications and notification of related events and alerts; Technical support services, namely, monitoring of non-cognitive network systems, servers and web and database applications and notification of related events and alerts; and providing consultation servies in connnection therewith consisting of insights and recommendations for the monitored network systems; and providing consultation services in connection therewith consisting of insights and recommendations for the monitored non-cognitive network systemsClass 042 for Technical support services, namely, monitoring of non-cognitive network systems, servers and web and database applications and notification of related events and alerts; and providing consultation services in connection therewith consisting of insights and recommendations for the monitored non-cognitive network systems
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)
Request for Reconsideration Signature
Signature: /john w branch/     Date: 01/03/2018
Signatory's Name: john w branch
Signatory's Position: Attorney of Record, Washington State Bar Member

Signatory's Phone Number: 206 957 2166

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87124898
Internet Transmission Date: Wed Jan 03 17:40:02 EST 2018
TEAS Stamp: USPTO/RFR-XX.XX.XXX.XXX-2018010317400271
0455-87124898-5109ff4ccf6156a3e9e4f8b909
38cf4648f23f14de5df0d8919d02b4af0474aa1-
N/A-N/A-20180103172213608347