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 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 1960 (Rev 10/2011)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87283179 BOTIFY(Standard Characters, see http://uspto.report/TM/87283179/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 Computer software development; Computer software development and computer programming development for others; Computer and computer software rental; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Data-acquisition and collection for calibration and coordinate-measurement purposes; Database design and development; Research and development of computer software; Software design and development; Application service provider featuring application programming interface (API) software for Search Engine Optimization; Computer software development in the field of mobile applications; Computer services, namely, monitoring, testing, analyzing, and reporting on the Internet traffic control and content control of the web sites of others; Computer simulation based on computer programs for others; Design of computer databases; Developing computer software; Developing and updating computer software; Development, maintenance and updating of a telecommunication network search engine; Development, updating and maintenance of software and database systems; Maintenance of on-line databases for others; Planning, design, development and maintenance of online websites for third parties; Programming of computer software for others; Providing a website featuring on-line non-downloadable software that enables users to create audio drama series and episodes, write scripts, audition and assign talent, record and mix audio, publish produced audio dramas, track and analyze audio drama statistics, advertise and market audio dramas, and stream and/or download audio dramas; Software as a service (SAAS) services featuring software for Search Engine Optimization; Software as a service (SAAS) services, namely, hosting software for use by others for use of Search Engine Optimization
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ France registration number 12/3908994 registered 03/29/2012 with a renewal date of 03/28/2022 and an expiration date of 03/28/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed: Class 042 for Computer software development; Computer software development and computer programming development for others; Computer and computer software rental; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Data-acquisition and collection for calibration and coordinate-measurement purposes; Database design and development; Research and development of computer software; Software design and development; Application service provider featuring application programming interface (API) software for Search Engine Optimization; Computer software development in the field of mobile applications; Computer services, namely, monitoring, testing, analyzing, and reporting on the Internet traffic control and content control of the web sites of others; Computer simulation based on computer programs for others; Design of computer databases; Developing computer software; Developing and updating computer software; Development, maintenance and updating of a telecommunication network search engine; Development, updating and maintenance of software and database systems; Maintenance of on-line databases for others; Planning, design, development and maintenance of online websites for third parties; Programming of computer software for others; Providing a website featuring on-line non-downloadable software that enables users to create audio drama series and episodes, write scripts, audition and assign talent, record and mix audio, publish produced audio dramas, track and analyze audio drama statistics, advertise and market audio dramas, and stream and/or download audio dramas; Software as a service (SAAS) services featuring software for Search Engine Optimization; Software as a service (SAAS) services, namely, hosting software for use by others for use of Search Engine Optimization
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ France registration number 12/3908994 registered 03/29/2012 with a renewal date of 03/28/2022 and an expiration date of 03/28/2022 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU3-9215411220-091013441_._EUIPO_-_Certificate_Botify.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Adrien Menard/     Date: 05/29/2017
Signatory's Name: Menard
Signatory's Position: CEO

Signatory's Phone Number: 0033650975953

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

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

        
Serial Number: 87283179
Internet Transmission Date: Mon May 29 09:18:04 EDT 2017
TEAS Stamp: USPTO/RFR-XX.XXX.XX.XXX-2017052909180483
5436-87283179-590daf9bde45e089e1888d0d72
99de6914d4067de679d17674823bd9b61c749-N/
A-N/A-20170529091013441017