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. 87728338 FOX ENGAGEMENT OPTIMIZER (Stylized and/or with Design, see http://uspto.report/TM/87728338/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, marketing and promotion services; advertising and marketing services, namely, promoting the goods and services of others; business information and advisory services relating to electronic commerce; consumer and market research; neuromarketing, namely, business research concerning consumer emotional responses to marketing stimuli; focusing on neuroscience as applied to business concepts and neuromarketing, namely, consumer marketing research; market research studies that focus neurofeedback technologies for market research companies to monitor brain changes during branding and selling of products to track behavior; opinion research, namely, conducting public opinion polls; media research for business, sales promotion and/or advertising purposes; media consultancy for business, sales promotion and/or advertising purposes; analysis for business purposes of information on consumer opinions and behaviors, which are raised in the context of market and advertising studies; business research and data analysis services in the field of audiovisual entertainment; market research services, namely, conducting studies on marketing strategies; market research services, namely, implementation and management of marketing studies; statistical analysis of marketing data; business advisory services relating to sales channel strategies; brand imagery consulting; management of brands for businesses and/or individuals; development of brand names; business analysis services, namely, brand evaluation services; brand positioning services; market research services, namely, testing brand names; marketing consultation, namely, developing brand strategies; business consulting in the field of brand communication; compilation and systematization of data and information in databases; computerized updating and maintenance of data in computer databases; database management, namely, collection, analysis, processing, management and maintenance of data in databases, including computer-assisted; providing market intelligence services, namely, gathering and provision of information, including on-line from a computer database or the Internet, for business, sales promotion and/or advertising purposes
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: Advertising, marketing and promotion services; advertising and marketing services, namely, promoting the goods and services of others; business information and advisory services relating to electronic commerce; business information and business information advisory services relating to electronic commerce; consumer and market research; neuromarketing, namely, business research concerning consumer emotional responses to marketing stimuli; focusing on neuroscience as applied to business concepts and neuromarketing, namely, consumer marketing research; market research studies that focus neurofeedback technologies for market research companies to monitor brain changes during branding and selling of products to track behavior; opinion research, namely, conducting public opinion polls; media research for business, sales promotion and/or advertising purposes; media consultancy for business, sales promotion and/or advertising purposes; media consultancy for business, sales promotion and/or advertising purposes, namely, social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions; analysis for business purposes of information on consumer opinions and behaviors, which are raised in the context of market and advertising studies; business research and data analysis services in the field of audiovisual entertainment; market research services, namely, conducting studies on marketing strategies; market research services, namely, implementation and management of marketing studies; statistical analysis of marketing data; business advisory services relating to sales channel strategies; brand imagery consulting; management of brands for businesses and/or individuals; development of brand names; business analysis services, namely, brand evaluation services; brand positioning services; market research services, namely, testing brand names; marketing consultation, namely, developing brand strategies; business consulting in the field of brand communication; compilation and systematization of data and information in databases; computerized updating and maintenance of data in computer databases; database management, namely, collection, analysis, processing, management and maintenance of data in databases, including computer-assisted; database management and computer aided database management, namely, collection, analysis, processing, management and maintenance of data in databases; providing market intelligence services, namely, gathering and provision of information, including on-line from a computer database or the Internet, for business, sales promotion and/or advertising purposes; providing market intelligence services, namely, gathering and provision of entertainment and marketing information, on-line from a computer database or the Internet, for business, sales promotion and/or advertising purposesClass 035 for Advertising, marketing and promotion services; advertising and marketing services, namely, promoting the goods and services of others; business information and business information advisory services relating to electronic commerce; consumer and market research; neuromarketing, namely, business research concerning consumer emotional responses to marketing stimuli; focusing on neuroscience as applied to business concepts and neuromarketing, namely, consumer marketing research; market research studies that focus neurofeedback technologies for market research companies to monitor brain changes during branding and selling of products to track behavior; opinion research, namely, conducting public opinion polls; media research for business, sales promotion and/or advertising purposes; media consultancy for business, sales promotion and/or advertising purposes, namely, social media strategy and marketing consultancy focusing on helping clients create and extend their product and brand strategies by building virally engaging marketing solutions; analysis for business purposes of information on consumer opinions and behaviors, which are raised in the context of market and advertising studies; business research and data analysis services in the field of audiovisual entertainment; market research services, namely, conducting studies on marketing strategies; market research services, namely, implementation and management of marketing studies; statistical analysis of marketing data; business advisory services relating to sales channel strategies; brand imagery consulting; management of brands for businesses and/or individuals; development of brand names; business analysis services, namely, brand evaluation services; brand positioning services; market research services, namely, testing brand names; marketing consultation, namely, developing brand strategies; business consulting in the field of brand communication; compilation and systematization of data and information in databases; computerized updating and maintenance of data in computer databases; database management and computer aided database management, namely, collection, analysis, processing, management and maintenance of data in databases; providing market intelligence services, namely, gathering and provision of entertainment and marketing information, on-line from a computer database or the Internet, for business, sales promotion and/or advertising purposes
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
Disclaimer
No claim is made to the exclusive right to use ENGAGEMENT OPTIMIZER apart from the mark as shown.


Miscellaneous Statement
Applicant hereby requests to add the services "Marketing research services using neuromarketing for developing new sales strategies and customer classification", which are transferred from Applicant's pending application no. 87728342 in Class 42.


SIGNATURE(S)
Response Signature
Signature: /Tina M Pompey/     Date: 08/27/2018
Signatory's Name: Tina Pompey
Signatory's Position: Attorney for Applicant (CA Bar Member)

Signatory's Phone Number: 310-369-7630

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: 87728338
Internet Transmission Date: Mon Aug 27 13:43:27 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201808271343274
57220-87728338-610183546d956c3846d53cabd
81255fbf67a9876f6a1e11c6281faac84e61ba7c
-N/A-N/A-20180827122537224224