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. 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:

The mark is not merely descriptive because its use is not limited to use with just cognitive networks.  Instead, the mark is used with consultation services for all kinds of monitored networks.

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 notification of related events and alerts; and, namely, providing 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 notification of related events and alerts; Technical support services, namely, monitoring of network systems, servers and web and database applications and notification of related events and alerts; and, namely, providing insights and recommendations for the monitored network systems; and providing consultation servies in connnection therewith consisting of insights and recommendations for the monitored network systemsClass 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
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
Miscellaneous Statement
Question: Will applicant's services relate to or have any other connection with cognitive networks. Answer: Yes. The goods and services use monitored network alerts from a wide variety of customer networks which are used to provide insights and recommendations to existing customers regarding their particular networks. Not aware of any other competitor that provides this level of analysis based on such a large data set of alerts from so many different customers.


SIGNATURE(S)
Response Signature
Signature: /john w branch/     Date: 05/08/2017
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.

        
Serial Number: 87124898
Internet Transmission Date: Mon May 08 21:07:12 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2017050821071213
9819-87124898-5901fb64a52906d9eb6d7a6673
26aea88e873e258a7ffea72362876d65362db223
3-N/A-N/A-20170508204821522696