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. 87761853 PRONTO(Standard Characters, see http://uspto.report/TM/87761853/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 Computer software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading; computer software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer application software for mobile phones, portable media players, and handheld computers, namely, computer application software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading and for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); control system for the remote observation, management and operation of computer hardware and software, comprising computers, software, electromechanical controls, and video display screens; computer software, for managing accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, software for provision of cloud services, web services, provision of service, device or application connectivity, web apps, mobile apps, platform provision, artificial intelligence, and Application Programming Interfaces (APIs); downloadable electronic publications in the nature of instructional, training, operational, reference and informational brochures, training manuals and newsletters, all in the field of enterprise resource planning; computer hardware and peripheral devices; software, devices and platforms for the integration of technologies, platforms, devices, applications and the Internet of Things; software and computing devices used for hosting of computer devices, software applications, apps, integration platforms and service platforms; software, applications, devices and computing systems associated with digital marketing, and digital marketing technologies; software, applications, devices and computing systems associated with business intelligence and context aware systems; computer software for consumer intelligence, social intelligence, the sharing economy, digital security, risk management, and project management
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Computer software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading; computer software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer application software for mobile phones, portable media players, and handheld computers, namely, computer application software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading and for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); control system for the remote observation, management and operation of computer hardware and software, comprising computers, software, electromechanical controls, and video display screens; computer software, for managing accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, software for provision of cloud services, web services, provision of service, device or application connectivity, web apps, mobile apps, platform provision, artificial intelligence, and Application Programming Interfaces (APIs); downloadable electronic publications in the nature of instructional, training, operational, reference and informational brochures, training manuals and newsletters, all in the field of enterprise resource planning; computer hardware and peripheral devices; software, devices and platforms for the integration of technologies, platforms, devices, applications and the Internet of Things; Downloadable computer software and computer hardware for the integration of technologies, computer hardware, applications and the Internet of Things; software and computing devices used for hosting of computer devices, software applications, apps, integration platforms and service platforms; software, applications, devices and computing systems associated with digital marketing, and digital marketing technologies; Downloadable computer software, applications, computer hardware and computing systems associated with digital marketing, and digital marketing technologies; software, applications, devices and computing systems associated with business intelligence and context aware systems; Downloadable computer software, applications, computer hardware and computing systems associated with business intelligence and context aware systems; computer software for consumer intelligence, social intelligence, the sharing economy, digital security, risk management, and project managementClass 009 for Computer software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading; computer software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer application software for mobile phones, portable media players, and handheld computers, namely, computer application software for providing, managing, and delivering the computing requirements of organizations or individuals in the area of information management, service provision, directories, community facilitation, information exchange, demand and supply matching and brokering, transacting, analytics, collaboration, sharing, or trading and for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); control system for the remote observation, management and operation of computer hardware and software, comprising computers, software, electromechanical controls, and video display screens; computer software, for managing accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, software for provision of cloud services, web services, provision of service, device or application connectivity, web apps, mobile apps, platform provision, artificial intelligence, and Application Programming Interfaces (APIs); downloadable electronic publications in the nature of instructional, training, operational, reference and informational brochures, training manuals and newsletters, all in the field of enterprise resource planning; computer hardware and peripheral devices; Downloadable computer software and computer hardware for the integration of technologies, computer hardware, applications and the Internet of Things; software and computing devices used for hosting of computer devices, software applications, apps, integration platforms and service platforms; Downloadable computer software, applications, computer hardware and computing systems associated with digital marketing, and digital marketing technologies; Downloadable computer software, applications, computer hardware and computing systems associated with business intelligence and context aware systems; computer software for consumer intelligence, social intelligence, the sharing economy, digital security, risk management, and project management
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail store services, wholesale store services, and online retail store and wholesale store services featuring computer software and other information technology products; enterprise resource planning; business management assistance; professional business consultancy services; business research; compilation and systemization of information into computer databases; recruitment and personnel management services; provision of personnel, including temporary staff; business consultancy in relation to administration of information technology, namely, cloud computing, internet, web services, Application Programming Interfaces (APIs), project management; provision of marketing services in relation to digital marketing and digital marketing technologies, including software, applications, devices, and computing systems; arranging and conducting business tutorials, business seminars and business conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Retail store services, wholesale store services, and online retail store and wholesale store services featuring computer software and other information technology products; enterprise resource planning; business management assistance; professional business consultancy services; business research; compilation and systemization of information into computer databases; recruitment and personnel management services; provision of personnel, including temporary staff; business consultancy in relation to administration of information technology, namely, cloud computing, internet, web services, Application Programming Interfaces (APIs), project management; provision of marketing services in relation to digital marketing and digital marketing technologies, including software, applications, devices, and computing systems; arranging and conducting business tutorials, business seminars and business conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; arranging and conducting business conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technologyClass 035 for Retail store services, wholesale store services, and online retail store and wholesale store services featuring computer software and other information technology products; enterprise resource planning; business management assistance; professional business consultancy services; business research; compilation and systemization of information into computer databases; recruitment and personnel management services; provision of personnel, including temporary staff; business consultancy in relation to administration of information technology, namely, cloud computing, internet, web services, Application Programming Interfaces (APIs), project management; provision of marketing services in relation to digital marketing and digital marketing technologies, including software, applications, devices, and computing systems; arranging and conducting business conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Education and training, namely, providing classes, seminars, tutorials and workshops in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; arranging and conducting educational seminars, educational tutorials and educational conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; providing non-downloadable electronic publications in the nature of brochures, newsletters and training manuals in the field of enterprise resource planning
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Education and training, namely, providing classes, seminars, tutorials and workshops in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; arranging and conducting educational seminars, educational tutorials and educational conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; providing non-downloadable electronic publications in the nature of brochures, newsletters and training manuals in the field of enterprise resource planning; arranging and conducting business tutorial sessions and business seminars in the fields of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technologyClass 041 for Education and training, namely, providing classes, seminars, tutorials and workshops in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; arranging and conducting educational seminars, educational tutorials and educational conferences in the field of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology; providing non-downloadable electronic publications in the nature of brochures, newsletters and training manuals in the field of enterprise resource planning; arranging and conducting business tutorial sessions and business seminars in the fields of enterprise resource planning, cloud computing, internet, web services, Application Programming Interfaces (APIs), and information technology
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or 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 Services in relation to computing devices, software and the Internet, namely, computer consultation and computer software consultation concerning the use of software and the Internet in managing the computing requirements of organizations or individuals; computer software design, development, consultation, installation and maintenance services, including in the field of mobile applications; computer services, namely, management of information technology (IT) systems employed in the areas of enterprise administration, accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, cloud services, web services, sharing economy, collaboration, provision of service, device or application connectivity, web apps, and Application Programming Interfaces (APIs); other information technology services, namely, providing information regarding information technology (IT) and the planning and design of information technology systems; cloud computing for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services featuring software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); platform as a service (PAAS) featuring computer software platforms for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of on-line non-downloadable software for use in for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of a web-based software application for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer and technology services for integration of technologies, platforms, devices, applications, apps and the Internet of Things; application service provider, namely, hosting and managing software and applications in the fields of business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services, namely, hosting software for use by others for use with software applications, apps, integration platforms, service platforms, databases, websites software, weblogs and web portal services; providing search engines for the Internet and the cloud; providing customized computer searching services, namely, searching and retrieving information at the customer's specific request via the Internet; computer technological and software consultancy services; rental of web servers; web site design consultancy; computer security services in the nature of user identity and access management, user authentication and digital certificate management, computer project management services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Services in relation to computing devices, software and the Internet, namely, computer consultation and computer software consultation concerning the use of software and the Internet in managing the computing requirements of organizations or individuals; computer software design, development, consultation, installation and maintenance services, including in the field of mobile applications; computer services, namely, management of information technology (IT) systems employed in the areas of enterprise administration, accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, cloud services, web services, sharing economy, collaboration, provision of service, device or application connectivity, web apps, and Application Programming Interfaces (APIs); other information technology services, namely, providing information regarding information technology (IT) and the planning and design of information technology systems; cloud computing for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); Cloud computing featuring software for use business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services featuring software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); platform as a service (PAAS) featuring computer software platforms for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of on-line non-downloadable software for use in for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of a web-based software application for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer and technology services for integration of technologies, platforms, devices, applications, apps and the Internet of Things; application service provider, namely, hosting and managing software and applications in the fields of business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services, namely, hosting software for use by others for use with software applications, apps, integration platforms, service platforms, databases, websites software, weblogs and web portal services; providing search engines for the Internet and the cloud; providing customized computer searching services, namely, searching and retrieving information at the customer's specific request via the Internet; computer technological and software consultancy services; rental of web servers; web site design consultancy; computer security services in the nature of user identity and access management, user authentication and digital certificate management, computer project management servicesClass 042 for Services in relation to computing devices, software and the Internet, namely, computer consultation and computer software consultation concerning the use of software and the Internet in managing the computing requirements of organizations or individuals; computer software design, development, consultation, installation and maintenance services, including in the field of mobile applications; computer services, namely, management of information technology (IT) systems employed in the areas of enterprise administration, accounting, manufacturing, distribution, retailing, services, rental, project management and costing, maintenance management, forecasting, budgeting, reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales, supply chains, mobility solutions, scheduling, payroll, document management content management, master data management, cloud services, web services, sharing economy, collaboration, provision of service, device or application connectivity, web apps, and Application Programming Interfaces (APIs); other information technology services, namely, providing information regarding information technology (IT) and the planning and design of information technology systems; Cloud computing featuring software for use business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services featuring software for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); platform as a service (PAAS) featuring computer software platforms for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of on-line non-downloadable software for use in for business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); providing temporary use of a web-based software application for use in business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); computer and technology services for integration of technologies, platforms, devices, applications, apps and the Internet of Things; application service provider, namely, hosting and managing software and applications in the fields of business process management and enterprise resource planning for supporting areas of accounting, manufacturing, distribution, retailing, equipment rental management, project management and costing, equipment maintenance management, business forecasting, budgeting and sales reporting, customer and supplier relationship management, inventory and warehouse management, quality management, web sales management, supply chain management, management of mobile computing equipment, employee scheduling and payroll, document management, content database management, master database management, software management relating to cloud services and web services, network management relating to network connectivity, web applications, and Application Programming Interfaces (APIs); software as a service (SAAS) services, namely, hosting software for use by others for use with software applications, apps, integration platforms, service platforms, databases, websites software, weblogs and web portal services; providing search engines for the Internet and the cloud; providing customized computer searching services, namely, searching and retrieving information at the customer's specific request via the Internet; computer technological and software consultancy services; rental of web servers; web site design consultancy; computer security services in the nature of user identity and access management, user authentication and digital certificate management, computer project management services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 04/00/2010 and first used in commerce at least as early as 04/00/2010 , and is now in use in such commerce.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Australia registration number 1731806 registered 11/02/2015 with a renewal date of __________ and an expiration date of 11/02/2025 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

The applicant's current attorney information: Dwayne K. Goetzel. Dwayne K. Goetzel of MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C., is located at

      P.O. BOX 398
      AUSTIN, Texas 78767-0398
      US
The docket/reference number is 6433-02300.

The phone number is 512-853-8800.

The fax number is 512-853-8801.

The email address is dkgpto@intprop.com

The applicants proposed attorney information: Dwayne K. Goetzel. Other appointed attorneys are Jeffrey C. Hood, Robert C. Kowert, Robert P. Hough, Rory D. Rankin and Dean Munyon. Dwayne K. Goetzel of Kowert, Hood, Munyon, Rankin & Goetzel,, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      P.O. Box 398
      Austin, Texas 78767-0398
      United States
The docket/reference number is 6433-02300.

The phone number is 512-853-8800.

The fax number is 512-853-8801.

The email address is dkgpto@intprop.com

Dwayne K. Goetzel submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DWAYNE K. GOETZEL. DWAYNE K. GOETZEL of MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C., is located at

      P.O. BOX 398
      AUSTIN, Texas 78767-0398
      US
The docket/reference number is 6433-02300.

The phone number is 512-853-8800.

The fax number is 512-853-8801.

The email address is dkgpto@intprop.com

The applicants proposed correspondence information: Dwayne K. Goetzel. Dwayne K. Goetzel of Kowert, Hood, Munyon, Rankin & Goetzel,, is located at

      P.O. Box 398
      Austin, Texas 78767-0398
      United States
The docket/reference number is 6433-02300.

The phone number is 512-853-8800.

The fax number is 512-853-8801.

The email address is dkgpto@intprop.com

SIGNATURE(S)
Response Signature
Signature: /Dwayne K. Goetzel/     Date: 11/11/2019
Signatory's Name: Dwayne K. Goetzel
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 512-853-8860

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    DWAYNE K. GOETZEL
   MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
   
   P.O. BOX 398
   AUSTIN, Texas 78767-0398
Mailing Address:    Dwayne K. Goetzel
   Kowert, Hood, Munyon, Rankin & Goetzel,
   P.O. Box 398
   Austin, Texas 78767-0398
        
Serial Number: 87761853
Internet Transmission Date: Mon Nov 11 13:11:32 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2019111113113208266
1-87761853-70050e862f722c9c81ad48634f925
4680d4c31c4fb9a3a9e138d7bf897a334aa-N/A-
N/A-20191111130314024044