Response to Office Action

CANVA

Canva Pty Ltd

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87756699
LAW OFFICE ASSIGNED LAW OFFICE 106
MARK SECTION
MARK FILE NAME http://uspto.report/TM/87756699/mark.png
LITERAL ELEMENT CANVA
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
application software; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application software for computer aided design; file sharing services apparatus designed to control the performance of apparatus; apparatus designed to monitor the performance of apparatus; apparatus for computer aided design; computer aided design (CAD) apparatus; computer aided design analysis apparatus; computer aided design apparatus; computer aided design instruments for laser machining systems; computer aided design programs; computer apparatus for computer aided design; computer based apparatus for designing the layout of electronic circuits; computer based apparatus for designing the layout of printed circuit boards; computer based development apparatus for the design of electronic circuits; computer based development apparatus for the design of printed circuit boards; computer design hardware; computer programs for designing control systems; computer programs for designing printed circuit boards; computer programs for electronic design automation; computer programs for the design of plate fin heat exchangers; computer programs for use in computer-aided design; computer programs in the field of design analysis; computer programs relating to computer aided design; computer software designed to estimate costs; computer software designed to estimate resource requirements; computer systems designed for project management; computer workstations for electronic design; data processing programmes for archiving in computer aided design; data processing programmes for editing in computer aided design; electronic design analysis apparatus; engineering design software; memory apparatus for telecommunications network design; microprocessors used for the design of components; programs for the design of control information systems; word processors comprising printout apparatus; computer operating systems programs; computer program discs; computer program tapes; computer programmes (programs) and recorded software distributed online; computer programmes (programs), recorded; computer programming units; computer programs (downloadable software ); computer programs for office use; computer programs for planning conferences; computer programs for planning exhibitions; computer programs for planning seminars; computer programs for playing games; computer programs for positioning of text; computer programs for printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for project management; computer programs for promotional purposes; computer programs for providing a graphical presentation of data; computer programs for sales purposes; computer programs for translating; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use by air lines; computer programs for use by tour operators; computer programs for use by travel agencies; computer programs for use by travel organisations; computer programs for use in communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in defining machineable parts; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for use in farming; computer programs for use in fitting spectacles; computer programs for use in fluid flow analysis; computer programs for use in insurance; computer programs for use in molecular biology; computer programs for use in processing data relating to financial records; computer programs for use in telecommunications; computer programs for use with computer integrated manufacturing installations; computer programs for use with facsimile apparatus; computer programs for use with structured system analysis; computer programs for video games; computer programs in machine readable form; computer programs in machine readable form recorded on electronic media; computer programs in the field of design analysis; computer software (programs); computer software programs; printer programmes; printer programs; computer software, namely, apparatus for computer aided design, namely, computers, computer monitors, computer hardware and computer aided design (CAD) software for general use; computer aided design programs for general use; computer programs for use in computer aided design; computer programs relating to computer aided design for use in editing designs; data processing programmes for archiving in computer aided design comprising computer hardware and computer peripherals; data processing programmes for editing in computer aided design; computer programmes and recorded software distributed online for use in database management; recorded computer programmes for use in database management; computer programming units in the nature of computer central processing units; downloadable computer programs for use in database management; computer programs for office use, namely, for use in computer aided design; computer programs for positioning of text; computer programs for operating printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for providing a graphical presentation of data; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use in creating communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for video games; computer programs in machine readable form for use in database management; computer programs in machine readable form recorded on electronic media for use in database management; computer programs in the field of design analysis for use in computer aided design; computer software for use in the electronic storage of data
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
application software; Downloadable application software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application software for computer aided design; computer aided design programs; file sharing services apparatus designed to control the performance of apparatus; computer programs for use in computer-aided design; apparatus designed to monitor the performance of apparatus; computer programs in the field of design analysis; apparatus for computer aided design; computer programs relating to computer aided design; computer aided design (CAD) apparatus; computer systems comprised of computer software designed for project management; computer aided design analysis apparatus; data processing programmes for archiving in computer aided design; computer aided design apparatus; data processing programmes for editing in computer aided design; computer aided design instruments for laser machining systems; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet and downloadable recorded software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; Computer programs, recorded, for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer apparatus for computer aided design; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; computer based apparatus for designing the layout of electronic circuits; computer programs for office use in the nature of creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer based apparatus for designing the layout of printed circuit boards; computer programs for positioning of text; computer based development apparatus for the design of electronic circuits; computer programs for printers; computer based development apparatus for the design of printed circuit boards; computer programs for printing; computer design hardware; computer programs for processing data; computer programs for designing control systems; computer programs for processing information; computer programs for designing printed circuit boards; computer programs for producing computer graphics; computer programs for electronic design automation; computer programs for project management; computer programs for the design of plate fin heat exchangers; computer programs for promotional purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in advertising and promotions; computer programs for providing a graphical presentation of data; computer programs for sales purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in the sale of goods and services; computer programs for use as searching directories; computer software designed to estimate costs; computer programs for use by airlines in the nature of programs that allow airlines to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer software designed to estimate resource requirements; computer programs for use by tour operators in the nature of programs that allow tour operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer systems designed for project management; computer programs for use by travel agencies in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer workstations for electronic design; computer programs for use by travel organizations in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use in database management; computer programs for use in desk top publishing; electronic design analysis apparatus; computer programs for use in developing computer programs; engineering design software; computer programs for promotional purposes, namely, for use in creating advertisements; memory apparatus for telecommunications network design; computer programs for providing a graphical presentation of data; microprocessors used for the design of components; computer software for use in the electronic storage of data.; programs for the design of control information systems; word processors comprising printout apparatus; computer operating systems programs; computer program discs; computer program tapes; computer programmes (programs) and recorded software distributed online; computer programmes (programs), recorded; computer programming units; computer programs (downloadable software ); computer programs for office use; computer programs for planning conferences; computer programs for planning exhibitions; computer programs for planning seminars; computer programs for playing games; computer programs for promotional purposes; computer programs for sales purposes; computer programs for translating; computer programs for use as reporting directories; computer programs for use by air lines; computer programs for use by tour operators; computer programs for use by travel agencies; computer programs for use by travel organisations; computer programs for use in communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in defining machineable parts; computer programs for use in farming; computer programs for use in fitting spectacles; computer programs for use in fluid flow analysis; computer programs for use in insurance; computer programs for use in molecular biology; computer programs for use in processing data relating to financial records; computer programs for use in telecommunications; computer programs for use with computer integrated manufacturing installations; computer programs for use with facsimile apparatus; computer programs for use with structured system analysis; computer programs for video games; computer programs in machine readable form; computer programs in machine readable form recorded on electronic media; computer programs in the field of design analysis; computer software (programs); computer software programs; printer programmes; printer programs; computer software, namely, apparatus for computer aided design, namely, computers, computer monitors, computer hardware and computer aided design (CAD) software for general use; computer aided design programs for general use; computer programs for use in computer aided design; computer programs relating to computer aided design for use in editing designs; data processing programmes for archiving in computer aided design comprising computer hardware and computer peripherals; data processing programmes for editing in computer aided design; computer programmes and recorded software distributed online for use in database management; recorded computer programmes for use in database management; computer programming units in the nature of computer central processing units; downloadable computer programs for use in database management; computer programs for office use, namely, for use in computer aided design; computer programs for positioning of text; computer programs for operating printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use in creating communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for video games; computer programs in machine readable form for use in database management; computer programs in machine readable form recorded on electronic media for use in database management; computer programs in the field of design analysis for use in computer aided design; computer software for use in the electronic storage of data
FINAL DESCRIPTION
Downloadable application software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer aided design programs; computer programs for use in computer-aided design; computer programs in the field of design analysis; computer programs relating to computer aided design; computer systems comprised of computer software designed for project management; data processing programmes for archiving in computer aided design; data processing programmes for editing in computer aided design; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet and downloadable recorded software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; Computer programs, recorded, for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; computer programs for office use in the nature of creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer programs for positioning of text; computer programs for printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for project management; computer programs for promotional purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in advertising and promotions; computer programs for providing a graphical presentation of data; computer programs for sales purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in the sale of goods and services; computer programs for use as searching directories; computer programs for use by airlines in the nature of programs that allow airlines to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by tour operators in the nature of programs that allow tour operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel agencies in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel organizations in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for providing a graphical presentation of data; computer software for use in the electronic storage of data.
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (040)(current)
INTERNATIONAL CLASS 040
DESCRIPTION
Image processing services; printing services; digital printing; customised printing of images, graphics and text onto a variety of goods
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (040)(proposed)
INTERNATIONAL CLASS 040
TRACKED TEXT DESCRIPTION
Image processing services; image processing services, namely, photographic image processing, printing of images on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts, and printing of photographic images from digital media; printing services; digital printing; digital photo and image printing services; customised printing of images, graphics and text onto a variety of goods; customized printing of images, graphics, text, company names and logos on the goods of others, namely, on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts
FINAL DESCRIPTION
image processing services, namely, photographic image processing, printing of images on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts, and printing of photographic images from digital media; printing services; digital photo and image printing services; customized printing of images, graphics, text, company names and logos on the goods of others, namely, on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services; application service provider (ASP) services; application service provider (ASP) services that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; software as a service; online provision of web-based software; graphic design services; illustration services, provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; commercial design services; creating and designing web pages for others; design of printed material; design of printed matter; graphic art design; graphic arts designing; illustration services (design); web portal services (designing or hosting); web site design; on-line provision of web-based applications; on-line provision of web-based software; design services relating to printing
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; application service provider (ASP) services; application service provider (ASP) services featuring software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; software as a service; graphic design services; online provision of web-based software; graphic illustration services for others provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; illustration services, provided online; commercial design services creating and designing web pages for others; design of printed material and matter, namely, providing graphic design, graphic art design and computer aided graphic design services for printed materials and matter for personal use, and for the purpose of promoting the sale of goods and services of others; commercial design services; web site design; creating and designing web pages for others; on-line provision of web-based applications; design of printed material; on-line provision of web-based software; design of printed matter; design services relating to printing; graphic art design; graphic arts designing; illustration services (design); web portal services (designing or hosting)
FINAL DESCRIPTION
Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; application service provider (ASP) services featuring software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; graphic design services; graphic illustration services for others provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; commercial design services creating and designing web pages for others; design of printed material and matter, namely, providing graphic design, graphic art design and computer aided graphic design services for printed materials and matter for personal use, and for the purpose of promoting the sale of goods and services of others; web site design; on-line provision of web-based applications; on-line provision of web-based software; design services relating to printing
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (041)(class added)
INTERNATIONAL CLASS 041
DESCRIPTION digital imaging services
FILING BASIS Section 1(b)
PAYMENT SECTION
NUMBER OF CLASSES 1
APPLICATION FOR REGISTRATION PER CLASS 275
TOTAL FEES DUE 275
SIGNATURE SECTION
DECLARATION SIGNATURE The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
RESPONSE SIGNATURE /kaw/
SIGNATORY'S NAME Karen A. Webb
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 6509888500
DATE SIGNED 10/30/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Oct 30 14:44:38 EDT 2018
TEAS STAMP USPTO/ROA-X.XX.XXX.XXX-20
181030144438213747-877566
99-6108243ecc2f4345b36e45
9b9e71ed63dffc508029ab99e
9a9cf9c24e5176cb4-DA-1200
-20181030135234834648



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. 87756699 CANVA (Stylized and/or with Design, see http://uspto.report/TM/87756699/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 009 for application software; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application software for computer aided design; file sharing services apparatus designed to control the performance of apparatus; apparatus designed to monitor the performance of apparatus; apparatus for computer aided design; computer aided design (CAD) apparatus; computer aided design analysis apparatus; computer aided design apparatus; computer aided design instruments for laser machining systems; computer aided design programs; computer apparatus for computer aided design; computer based apparatus for designing the layout of electronic circuits; computer based apparatus for designing the layout of printed circuit boards; computer based development apparatus for the design of electronic circuits; computer based development apparatus for the design of printed circuit boards; computer design hardware; computer programs for designing control systems; computer programs for designing printed circuit boards; computer programs for electronic design automation; computer programs for the design of plate fin heat exchangers; computer programs for use in computer-aided design; computer programs in the field of design analysis; computer programs relating to computer aided design; computer software designed to estimate costs; computer software designed to estimate resource requirements; computer systems designed for project management; computer workstations for electronic design; data processing programmes for archiving in computer aided design; data processing programmes for editing in computer aided design; electronic design analysis apparatus; engineering design software; memory apparatus for telecommunications network design; microprocessors used for the design of components; programs for the design of control information systems; word processors comprising printout apparatus; computer operating systems programs; computer program discs; computer program tapes; computer programmes (programs) and recorded software distributed online; computer programmes (programs), recorded; computer programming units; computer programs (downloadable software ); computer programs for office use; computer programs for planning conferences; computer programs for planning exhibitions; computer programs for planning seminars; computer programs for playing games; computer programs for positioning of text; computer programs for printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for project management; computer programs for promotional purposes; computer programs for providing a graphical presentation of data; computer programs for sales purposes; computer programs for translating; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use by air lines; computer programs for use by tour operators; computer programs for use by travel agencies; computer programs for use by travel organisations; computer programs for use in communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in defining machineable parts; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for use in farming; computer programs for use in fitting spectacles; computer programs for use in fluid flow analysis; computer programs for use in insurance; computer programs for use in molecular biology; computer programs for use in processing data relating to financial records; computer programs for use in telecommunications; computer programs for use with computer integrated manufacturing installations; computer programs for use with facsimile apparatus; computer programs for use with structured system analysis; computer programs for video games; computer programs in machine readable form; computer programs in machine readable form recorded on electronic media; computer programs in the field of design analysis; computer software (programs); computer software programs; printer programmes; printer programs; computer software, namely, apparatus for computer aided design, namely, computers, computer monitors, computer hardware and computer aided design (CAD) software for general use; computer aided design programs for general use; computer programs for use in computer aided design; computer programs relating to computer aided design for use in editing designs; data processing programmes for archiving in computer aided design comprising computer hardware and computer peripherals; data processing programmes for editing in computer aided design; computer programmes and recorded software distributed online for use in database management; recorded computer programmes for use in database management; computer programming units in the nature of computer central processing units; downloadable computer programs for use in database management; computer programs for office use, namely, for use in computer aided design; computer programs for positioning of text; computer programs for operating printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for providing a graphical presentation of data; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use in creating communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for video games; computer programs in machine readable form for use in database management; computer programs in machine readable form recorded on electronic media for use in database management; computer programs in the field of design analysis for use in computer aided design; computer software for use in the electronic storage of data
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: application software; Downloadable application software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application software for computer aided design; computer aided design programs; file sharing services apparatus designed to control the performance of apparatus; computer programs for use in computer-aided design; apparatus designed to monitor the performance of apparatus; computer programs in the field of design analysis; apparatus for computer aided design; computer programs relating to computer aided design; computer aided design (CAD) apparatus; computer systems comprised of computer software designed for project management; computer aided design analysis apparatus; data processing programmes for archiving in computer aided design; computer aided design apparatus; data processing programmes for editing in computer aided design; computer aided design instruments for laser machining systems; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet and downloadable recorded software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; Computer programs, recorded, for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer apparatus for computer aided design; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; computer based apparatus for designing the layout of electronic circuits; computer programs for office use in the nature of creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer based apparatus for designing the layout of printed circuit boards; computer programs for positioning of text; computer based development apparatus for the design of electronic circuits; computer programs for printers; computer based development apparatus for the design of printed circuit boards; computer programs for printing; computer design hardware; computer programs for processing data; computer programs for designing control systems; computer programs for processing information; computer programs for designing printed circuit boards; computer programs for producing computer graphics; computer programs for electronic design automation; computer programs for project management; computer programs for the design of plate fin heat exchangers; computer programs for promotional purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in advertising and promotions; computer programs for providing a graphical presentation of data; computer programs for sales purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in the sale of goods and services; computer programs for use as searching directories; computer software designed to estimate costs; computer programs for use by airlines in the nature of programs that allow airlines to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer software designed to estimate resource requirements; computer programs for use by tour operators in the nature of programs that allow tour operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer systems designed for project management; computer programs for use by travel agencies in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer workstations for electronic design; computer programs for use by travel organizations in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use in database management; computer programs for use in desk top publishing; electronic design analysis apparatus; computer programs for use in developing computer programs; engineering design software; computer programs for promotional purposes, namely, for use in creating advertisements; memory apparatus for telecommunications network design; computer programs for providing a graphical presentation of data; microprocessors used for the design of components; computer software for use in the electronic storage of data.; programs for the design of control information systems; word processors comprising printout apparatus; computer operating systems programs; computer program discs; computer program tapes; computer programmes (programs) and recorded software distributed online; computer programmes (programs), recorded; computer programming units; computer programs (downloadable software ); computer programs for office use; computer programs for planning conferences; computer programs for planning exhibitions; computer programs for planning seminars; computer programs for playing games; computer programs for promotional purposes; computer programs for sales purposes; computer programs for translating; computer programs for use as reporting directories; computer programs for use by air lines; computer programs for use by tour operators; computer programs for use by travel agencies; computer programs for use by travel organisations; computer programs for use in communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in defining machineable parts; computer programs for use in farming; computer programs for use in fitting spectacles; computer programs for use in fluid flow analysis; computer programs for use in insurance; computer programs for use in molecular biology; computer programs for use in processing data relating to financial records; computer programs for use in telecommunications; computer programs for use with computer integrated manufacturing installations; computer programs for use with facsimile apparatus; computer programs for use with structured system analysis; computer programs for video games; computer programs in machine readable form; computer programs in machine readable form recorded on electronic media; computer programs in the field of design analysis; computer software (programs); computer software programs; printer programmes; printer programs; computer software, namely, apparatus for computer aided design, namely, computers, computer monitors, computer hardware and computer aided design (CAD) software for general use; computer aided design programs for general use; computer programs for use in computer aided design; computer programs relating to computer aided design for use in editing designs; data processing programmes for archiving in computer aided design comprising computer hardware and computer peripherals; data processing programmes for editing in computer aided design; computer programmes and recorded software distributed online for use in database management; recorded computer programmes for use in database management; computer programming units in the nature of computer central processing units; downloadable computer programs for use in database management; computer programs for office use, namely, for use in computer aided design; computer programs for positioning of text; computer programs for operating printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for use as reporting directories; computer programs for use as searching directories; computer programs for use in creating communications; computer programs for use in computer aided engineering; computer programs for use in computer-aided design; computer programs for use in computer-aided manufacturing; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for video games; computer programs in machine readable form for use in database management; computer programs in machine readable form recorded on electronic media for use in database management; computer programs in the field of design analysis for use in computer aided design; computer software for use in the electronic storage of dataClass 009 for Downloadable application software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data in the nature of electric, electronic, digital or computer data; application software for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer aided design programs; computer programs for use in computer-aided design; computer programs in the field of design analysis; computer programs relating to computer aided design; computer systems comprised of computer software designed for project management; data processing programmes for archiving in computer aided design; data processing programmes for editing in computer aided design; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet and downloadable recorded software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; Computer programs, recorded, for creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; downloadable computer programs for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data via the internet; computer programs for office use in the nature of creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; computer programs for positioning of text; computer programs for printers; computer programs for printing; computer programs for processing data; computer programs for processing information; computer programs for producing computer graphics; computer programs for project management; computer programs for promotional purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in advertising and promotions; computer programs for providing a graphical presentation of data; computer programs for sales purposes in the nature of programs that allow users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data that are used in the sale of goods and services; computer programs for use as searching directories; computer programs for use by airlines in the nature of programs that allow airlines to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by tour operators in the nature of programs that allow tour operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel agencies in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use by travel organizations in the nature of programs that allow travel operators to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; computer programs for use in database management; computer programs for use in desk top publishing; computer programs for use in developing computer programs; computer programs for promotional purposes, namely, for use in creating advertisements; computer programs for providing a graphical presentation of data; computer software for use in the electronic storage of data.
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 040 for Image processing services; printing services; digital printing; customised printing of images, graphics and text onto a variety of goods
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: Image processing services; image processing services, namely, photographic image processing, printing of images on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts, and printing of photographic images from digital media; printing services; digital printing; digital photo and image printing services; customised printing of images, graphics and text onto a variety of goods; customized printing of images, graphics, text, company names and logos on the goods of others, namely, on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate giftsClass 040 for image processing services, namely, photographic image processing, printing of images on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts, and printing of photographic images from digital media; printing services; digital photo and image printing services; customized printing of images, graphics, text, company names and logos on the goods of others, namely, on banners, fabric, 3-dimensional structures, film, canvas, posters, paper, cardboard, promotional merchandise, apparel and corporate gifts
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services; application service provider (ASP) services; application service provider (ASP) services that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; software as a service; online provision of web-based software; graphic design services; illustration services, provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; commercial design services; creating and designing web pages for others; design of printed material; design of printed matter; graphic art design; graphic arts designing; illustration services (design); web portal services (designing or hosting); web site design; on-line provision of web-based applications; on-line provision of web-based software; design services relating to printing
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: Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; application service provider (ASP) services; application service provider (ASP) services featuring software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; software as a service; graphic design services; online provision of web-based software; graphic illustration services for others provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; illustration services, provided online; commercial design services creating and designing web pages for others; design of printed material and matter, namely, providing graphic design, graphic art design and computer aided graphic design services for printed materials and matter for personal use, and for the purpose of promoting the sale of goods and services of others; commercial design services; web site design; creating and designing web pages for others; on-line provision of web-based applications; design of printed material; on-line provision of web-based software; design of printed matter; design services relating to printing; graphic art design; graphic arts designing; illustration services (design); web portal services (designing or hosting)Class 042 for Hosting a web site that gives users the ability to upload images, graphics, fonts, photographs, text, videos and data; computer services, namely, hosting an interactive website featuring technology that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; file sharing services, namely, providing a website featuring technology enabling users to upload and download electronic files; application service provider (ASP) services featuring software for use in creating, downloading, uploading, designing, modifying, reproducing, transmitting and sharing images, graphics, fonts, photographs, text, videos and data; application service provider (ASP) services featuring software that allows users to create, download, upload, design, modify, reproduce, transmit and share images, graphics, fonts, photographs, text, videos and data; graphic design services; graphic illustration services for others provided online; providing temporary use of non-downloadable software applications for the transmission of images, graphics, fonts, photographs, text, videos and data; commercial design services creating and designing web pages for others; design of printed material and matter, namely, providing graphic design, graphic art design and computer aided graphic design services for printed materials and matter for personal use, and for the purpose of promoting the sale of goods and services of others; web site design; on-line provision of web-based applications; on-line provision of web-based software; design services relating to printing
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for digital imaging services
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.

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /kaw/     Date: 10/30/2018
Signatory's Name: Karen A. Webb
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 6509888500

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.

        
RAM Sale Number: 87756699
RAM Accounting Date: 10/31/2018
        
Serial Number: 87756699
Internet Transmission Date: Tue Oct 30 14:44:38 EDT 2018
TEAS Stamp: USPTO/ROA-X.XX.XXX.XXX-20181030144438213
747-87756699-6108243ecc2f4345b36e459b9e7
1ed63dffc508029ab99e9a9cf9c24e5176cb4-DA
-1200-20181030135234834648


Response to Office Action [image/jpeg]


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