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. 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 035 for Advertising consultation; Advertising and marketing consultancy; On-line advertising services for others; On-line advertising and marketing services; Search engine optimisation for sales promotion; Digital advertising services; Internet advertising services; Management and compilation of computerised databases; Mobile advertising services for others; Promoting the goods and services of others through search engine referral traffic analysis and reporting; Promotion, advertising and marketing of on-line websites; Web site optimization; Web site traffic optimisation
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.

In International Class 035, the mark was first used at least as early as 01/20/2010 and first used in commerce at least as early as 10/10/2017 .

Proposed: Class 035 for Advertising consultation; Advertising and marketing consultancy; On-line advertising services for others; On-line advertising and marketing services; Search engine optimisation for sales promotion; Digital advertising services; Internet advertising services; Management and compilation of computerised databases; Mobile advertising services for others; Promoting the goods and services of others through search engine referral traffic analysis and reporting; Promotion, advertising and marketing of on-line websites; Web site optimization; Web site traffic optimisation

Deleted Filing Basis: 1(b)
In International Class 035, the mark was first used at least as early as 01/20/2010 . and first used in commerce at least as early as 10/10/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of Copies of orders and marketing materials .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3

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 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.

In International Class 042, the mark was first used at least as early as 01/20/2010 and first used in commerce at least as early as 10/10/2017 .

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

Deleted Filing Basis: 1(b)
In International Class 042, the mark was first used at least as early as 01/20/2010 . and first used in commerce at least as early as 10/10/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of Copies of orders and marketing materials .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2
Specimen File3

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Adrien Menard/      Date: 03/25/2019
Signatory's Name: Adrien Menard
Signatory's Position: CEO

Response Signature
Signature: /Adrien Menard/     Date: 03/25/2019
Signatory's Name: Adrien Menard
Signatory's Position: CEO

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.

        
Serial Number: 87283179
Internet Transmission Date: Mon Mar 25 22:16:18 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20190325221618045
822-87283179-620a2f7866c505c789a6f3ba0f8
f9c13085ee2efbf4512b598d5874181bfe4beb-N
/A-N/A-20190325215128252731