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. 87268685 HOOP(Standard Characters, see http://uspto.report/TM/87268685/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 042 for Providing a website for electronic storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing a website featuring technology that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; providing a website featuring technology that enables users to record, view, share, organize and analyze metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting an online website for others featuring digital content and images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting of digital content and digital images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data on the Internet; providing online non-downloadable software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-browser video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-peer video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; computer services, namely, cloud hosting provider services; electronic monitoring and reporting of residential home security and environmental conditions using computers or sensors; providing temporary use of on-line non-downloadable cloud computing software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing temporary use of on-line non-downloadable cloud computing software that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; on-line downloadable software or computer applications for remotely activating and checking the operative status of electrical and electronic controllers and monitors that control and monitor home electric powered devices, namely, baby monitors, AV media systems, HVAC systems, lighting, water systems, security systems, notification systems, alarms, intrusion alarms, motion sensors, electrically activated door locks, automatic sprinkler systems, motorized window treatments, electric pet doors, home and kitchen appliances, switches and devices; on-line downloadable software or computer applications for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud based remote viewing, monitoring, programming, operation, maintenance, management, review and control of large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in remotely viewing, monitoring, programming, operating, maintaining, managing, reviewing and controlling large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic 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: Providing a website for electronic storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing a website featuring technology that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; providing a website featuring technology that enables users to record, view, share, organize and analyze metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting an online website for others featuring digital content and images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting of digital content and digital images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data on the Internet; providing online non-downloadable software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-browser video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-peer video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; computer services, namely, cloud hosting provider services; electronic monitoring and reporting of residential home security and environmental conditions using computers or sensors; providing temporary use of on-line non-downloadable cloud computing software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing temporary use of on-line non-downloadable cloud computing software that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; on-line downloadable software or computer applications for remotely activating and checking the operative status of electrical and electronic controllers and monitors that control and monitor home electric powered devices, namely, baby monitors, AV media systems, HVAC systems, lighting, water systems, security systems, notification systems, alarms, intrusion alarms, motion sensors, electrically activated door locks, automatic sprinkler systems, motorized window treatments, electric pet doors, home and kitchen appliances, switches and devices; providing on-line non-downloadable software or computer applications for remotely activating and checking the operative status of electrical and electronic controllers and monitors that control and monitor home electric powered devices, namely, baby monitors, AV media systems, HVAC systems, lighting, water systems, security systems, notification systems, alarms, intrusion alarms, motion sensors, electrically activated door locks, automatic sprinkler systems, motorized window treatments, electric pet doors, home and kitchen appliances, switches and devices; on-line downloadable software or computer applications for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing on-line non-downloadable software or computer applications for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud based remote viewing, monitoring, programming, operation, maintenance, management, review and control of large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in remotely viewing, monitoring, programming, operating, maintaining, managing, reviewing and controlling large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic dataClass 042 for Providing a website for electronic storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing a website featuring technology that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; providing a website featuring technology that enables users to record, view, share, organize and analyze metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting an online website for others featuring digital content and images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; hosting of digital content and digital images, namely, metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data on the Internet; providing online non-downloadable software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-browser video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; peer-to-peer video, audio, text, images, messages, documents, e-mail, photo, environmental data and other electronic data sharing services, namely, providing a website featuring technology enabling users to upload, view, and download video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; computer services, namely, cloud hosting provider services; electronic monitoring and reporting of residential home security and environmental conditions using computers or sensors; providing temporary use of on-line non-downloadable cloud computing software for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; providing temporary use of on-line non-downloadable cloud computing software that enables users to remotely view, monitor, program, operate, maintain, manage, review and control large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; providing on-line non-downloadable software or computer applications for remotely activating and checking the operative status of electrical and electronic controllers and monitors that control and monitor home electric powered devices, namely, baby monitors, AV media systems, HVAC systems, lighting, water systems, security systems, notification systems, alarms, intrusion alarms, motion sensors, electrically activated door locks, automatic sprinkler systems, motorized window treatments, electric pet doors, home and kitchen appliances, switches and devices; providing on-line non-downloadable software or computer applications for recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud storage of metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic data; design and development of computer software for cloud based remote viewing, monitoring, programming, operation, maintenance, management, review and control of large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in remotely viewing, monitoring, programming, operating, maintaining, managing, reviewing and controlling large and small appliances, electrical systems, automation systems, monitoring systems, security sensors and systems and camera systems in homes; cloud computing featuring software for use in recording, viewing, storing, sharing, organizing and analyzing metadata, video, audio, text, images, messages, documents, e-mail, photographs, environmental data and other electronic 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.

SIGNATURE(S)
Response Signature
Signature: /avi goldenberg/     Date: 02/22/2017
Signatory's Name: Avi Goldenberg
Signatory's Position: General Counsel and Attorney for Applicant - New York bar member

Signatory's Phone Number: 848-244-2212

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: 87268685
Internet Transmission Date: Thu Feb 23 10:34:54 EST 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2017022310345461
0950-87268685-58027567be4c2276f18aa6d8e6
e22dff8e827575e1fe5e26b5d81d237fef327a3-
N/A-N/A-20170222163059684235