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. 87754748 GRAPE(Standard Characters, see http://uspto.report/TM/87754748/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant has amended and specified further its goods to obviate Likelihood of Confusion.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware; computer software; computer peripherals; electronic data processing equipment; computer networking and data communications equipment; computer components and parts; electronic memory devices; electronic control apparatus; programmed-data-carrying electronic circuits; wires for communication; electrodes; telephones; aerials; batteries; micro processors; keyboards; video films
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Namibia application number NA/T/2017/27 filed 07/14/2017]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer hardware; computer software; Computer software, namely, downloadable computer software for word processing, computer software for document and database management, for application and database integration, for producing financial models, for use as a spreadsheet, for authorizing access to databases, for creating searchable databases of information and data, for use in customer relationship management (CRM), to automate data warehousing, and for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user interface; Communications software for connecting computer network users, global computer networks, computer software for controlling self-service terminals, for administration of computer networks, for wireless content delivery, for administration of computer local area networks, for use in computer access control, for controlling and managing access server applications, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, to maintain and operate computer system, for providing access to the Internet; electronic data processing equipment; Computer software for processing digital images, for processing digital music files, for organizing and viewing digital images and photographs, for creating and editing music and sounds, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; computer networking and data communications equipment; Computer software, namely, computer software for encryption, computer software development tools, computer operating software, computer graphics software, computer game software, computer anti-virus software, computer software for the creation of firewalls, computer software and firmware for operating system programs, computer aided design (CAD) software for general use, computer aided manufacturing (CAM) software for general use; computer components and parts; computer peripherals; electronic memory devices; electronic data processing apparatus; electronic control apparatus; computer networking hardware and data communications equipment, namely, wireless communication devices for voice, data or image transmission; computer components in the nature of computer peripherals and parts thereof; wires for communication; electronic memory devices in the nature of electronic memories; electronic control apparatus in the nature of wireless controllers to monitor and control the functioning of other electronic devices; programmed-data-carrying electronic circuits; electrical wires for communication; electrodes; micro processors; telephones; aerials; video films; batteries; microprocessors; keyboards; video films, namely, video recordings featuring art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law; electronic music sheets, downloadable; electronic music scores, downloadableClass 009 for Computer hardware; Computer software, namely, downloadable computer software for word processing, computer software for document and database management, for application and database integration, for producing financial models, for use as a spreadsheet, for authorizing access to databases, for creating searchable databases of information and data, for use in customer relationship management (CRM), to automate data warehousing, and for the collection, editing, organizing, modifying, book marking, transmission, storage and sharing of data and information, software that provides real-time, integrated business management intelligence by combining information from various databases and presenting it in an easy-to-understand user interface; Communications software for connecting computer network users, global computer networks, computer software for controlling self-service terminals, for administration of computer networks, for wireless content delivery, for administration of computer local area networks, for use in computer access control, for controlling and managing access server applications, for controlling and managing access server applications, for monitoring and controlling communication between computers and automated machine systems, to maintain and operate computer system, for providing access to the Internet; Computer software for processing digital images, for processing digital music files, for organizing and viewing digital images and photographs, for creating and editing music and sounds, for creating digital animation and special effects of images, for manipulating digital audio information for use in audio media applications, to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images and moving pictures; Computer software, namely, computer software for encryption, computer software development tools, computer operating software, computer graphics software, computer game software, computer anti-virus software, computer software for the creation of firewalls, computer software and firmware for operating system programs, computer aided design (CAD) software for general use, computer aided manufacturing (CAM) software for general use; computer peripherals; electronic data processing apparatus; computer networking hardware and data communications equipment, namely, wireless communication devices for voice, data or image transmission; computer components in the nature of computer peripherals and parts thereof; electronic memory devices in the nature of electronic memories; electronic control apparatus in the nature of wireless controllers to monitor and control the functioning of other electronic devices; programmed-data-carrying electronic circuits; electrical wires for communication; electrodes; telephones; aerials; batteries; microprocessors; keyboards; video films, namely, video recordings featuring art, music and artistic performances, entertainment, fashion, sports, culture, general human interest, film production, languages, science and technology, law; electronic music sheets, downloadable; electronic music scores, downloadable
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Namibia application number NA/T/2017/27 filed 07/14/2017]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
JONATHAN G. MORTON
MORTON & ASSOCIATES LLP
246 WEST BROADWAY
NEW YORK
New York
US
10013

Proposed:
JONATHAN G. MORTON of Morton & Associates LLP, having an address of
246 West Broadway New York, New York 10013
United States
jgm@moas.com;trademark.desk@moas.com
212-468-5483
212-504-0888
The docket/reference number is 14554/2018 .



ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
GRAPE appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
Applicant's foreign application has not yet matured into a registration in the applicant's country of origin.


SIGNATURE(S)
Response Signature
Signature: /Jonathan G. Morton/     Date: 10/26/2018
Signatory's Name: Jonathan G. Morton
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212-468-5483

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:    JONATHAN G. MORTON
   Morton & Associates LLP
   246 West Broadway
   New York, New York 10013
        
Serial Number: 87754748
Internet Transmission Date: Fri Oct 26 02:27:18 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2018102602271817
8530-87754748-610581465709a3e55a5ee1c219
f38a5f394352c269c39e67dce142c6ff4cf941d5
e-N/A-N/A-20181026014705248426