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. 87728342 FOX ENGAGEMENT OPTIMIZER (Stylized and/or with Design, see http://uspto.report/TM/87728342/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 Scientific research in the areas of personality analysis and personality consultancy; scientific and technological services in the nature of neuromarketing, namely, developing new sales strategies and customer classification, and computer-aided design services relating thereto; research services, namely, research in the field of information and communication technology
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: Scientific research in the areas of personality analysis and personality consultancy; scientific and technological services in the nature of neuromarketing, namely, developing new sales strategies and customer classification, and computer-aided design services relating thereto; scientific and technological services, namely, scientific research, analysis and testing in the field of neuromarketing and computer-aided design services relating thereto; research services, namely, research in the field of information and communication technologyClass 042 for Scientific research in the areas of personality analysis and personality consultancy; scientific and technological services, namely, scientific research, analysis and testing in the field of neuromarketing and computer-aided design services relating thereto; research services, namely, research in the field of information and communication technology
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 transfer "Marketing research services using neuromarketing for developing new sales strategies and customer classification" to Applicant's pending application no. 87728338 in Class 35.


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: 87728342
Internet Transmission Date: Mon Aug 27 13:48:15 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201808271348152
45384-87728342-6109a4cf7bd4b2ba43a59bfe9
72d97f65069ffe83b2b8c609ec4ca1386b2e1225
-N/A-N/A-20180827120606459883