Response to Office Action

MAESTRO PLATFORM

MAESTRO, INC.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87394786
LAW OFFICE ASSIGNED LAW OFFICE 111
MARK SECTION
MARK http://uspto.report/TM/87394786/mark.png
LITERAL ELEMENT MAESTRO PLATFORM
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (class deleted)
GOODS AND/OR SERVICES SECTION (class added) Original Class (035)
INTERNATIONAL CLASS 042
DESCRIPTION
Business administration software services, namely providing temporary use of a non-downloadable cloud based automated software platform for use in assessing and implementing best practices, namely for automatically assessing, benchmarking, and reporting on business metrics while enforcing fulfillment of critical staff activities to improve overall customer experience and business performance
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/10/2017
        FIRST USE IN COMMERCE DATE At least as early as 03/10/2017
       STATEMENT TYPE "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].
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use PLATFORM apart from the mark as shown.
NEW CORRESPONDENCE SECTION
NAME Christian Fenton
FIRM NAME CIR Law Offices International
STREET 2650 Camino Del Rio South, Suite 308
CITY San Diego
STATE California
ZIP/POSTAL CODE 92108
COUNTRY United States
PHONE 858 495 1429
EMAIL cfenton@cirlaw.com;rvolkman@cirlaw.com
AUTHORIZED EMAIL COMMUNICATION Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /christianfenton/
SIGNATORY'S NAME Christian Fenton
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 858 495 1429
DATE SIGNED 07/05/2017
RESPONSE SIGNATURE /christianfenton/
SIGNATORY'S NAME Christian Fenton
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 858 495 1429
DATE SIGNED 07/05/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jul 05 17:56:55 EDT 2017
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
170705175655812141-873947
86-590846315d0384cb59e78f
05e23e2967ff68f32de3ceaa0
2cca9cb0c2b5dd2b423-N/A-N
/A-20170705172658184425



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. 87394786 MAESTRO PLATFORM(Standard Characters, see http://uspto.report/TM/87394786/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Business administration assistance services, namely, providing a cloud based automated best practices platform automatically assessing, benchmarking, and reporting on business metrics while enforcing fulfillment of critical staff activities to improve overall customer experience and business performance

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 (Original Class: 035 ) for Business administration software services, namely providing temporary use of a non-downloadable cloud based automated software platform for use in assessing and implementing best practices, namely for automatically assessing, benchmarking, and reporting on business metrics while enforcing fulfillment of critical staff activities to improve overall customer experience and business performance
Filing Basis: Section 1(a), Use in Commerce: The mark was first used at least as early as 03/10/2017 and first used in commerce at least as early as 03/10/2017 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 .
"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].

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Proposed:
Christian Fenton of CIR Law Offices International, having an address of
2650 Camino Del Rio South, Suite 308 San Diego, California 92108
United States
cfenton@cirlaw.com;rvolkman@cirlaw.com
858 495 1429



ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use PLATFORM apart from the mark as shown.


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: /christianfenton/      Date: 07/05/2017
Signatory's Name: Christian Fenton
Signatory's Position: Attorney of record, California bar member
Signatory's Phone Number: 858 495 1429


Response Signature
Signature: /christianfenton/     Date: 07/05/2017
Signatory's Name: Christian Fenton
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 858 495 1429

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.

Mailing Address:    Christian Fenton
   CIR Law Offices International
   2650 Camino Del Rio South, Suite 308
   San Diego, California 92108
        
Serial Number: 87394786
Internet Transmission Date: Wed Jul 05 17:56:55 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20170705175655812
141-87394786-590846315d0384cb59e78f05e23
e2967ff68f32de3ceaa02cca9cb0c2b5dd2b423-
N/A-N/A-20170705172658184425



uspto.report is an independent third-party trademark research tool that is not affiliated, endorsed, or sponsored by the United States Patent and Trademark Office (USPTO) or any other governmental organization. The information provided by uspto.report is based on publicly available data at the time of writing and is intended for informational purposes only.

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, reliability, or suitability of the information displayed on this site. The use of this site is at your own risk. Any reliance you place on such information is therefore strictly at your own risk.

All official trademark data, including owner information, should be verified by visiting the official USPTO website at www.uspto.gov. This site is not intended to replace professional legal advice and should not be used as a substitute for consulting with a legal professional who is knowledgeable about trademark law.

© 2024 USPTO.report | Privacy Policy | Resources | RSS Feed of Trademarks | Trademark Filings Twitter Feed