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 NUMBER88012006
LAW OFFICE ASSIGNEDLAW OFFICE 115
MARK SECTION
MARK https://tmng-al.uspto.gov/resting2/api/img/88012006/large
LITERAL ELEMENT BETTERWORKS
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS042
DESCRIPTION
Aplication service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance
FILING BASISSection 1(a)
        FIRST USE ANYWHERE DATE At least as early as 10/30/2013
        FIRST USE IN COMMERCE DATE At least as early as 10/30/2013
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS042
TRACKED TEXT DESCRIPTION
Aplication service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Application service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance; providing computer software consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance
FINAL DESCRIPTION
Application service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing computer software consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance
FILING BASISSection 1(a)
       FIRST USE ANYWHERE DATE At least as early as 10/30/2013
       FIRST USE IN COMMERCE DATE At least as early as 10/30/2013
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT the Examiner's recommended addition of the word "enterprise" is not an accurate description of the applicant's product, as they will be marketing their product to smaller entities, as well
SIGNATURE SECTION
RESPONSE SIGNATURE /Rhett Barney/
SIGNATORY'S NAME Rhett V. Barney
SIGNATORY'S POSITION Attorney of Record, WA State Bar Member
SIGNATORY'S PHONE NUMBER 509-944-4642
DATE SIGNED 02/21/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Feb 21 16:29:13 EST 2019
TEAS STAMP USPTO/ROA-XX.XX.XXX.XXX-2
0190221162913326670-88012
006-620c3dc8f973471b7845f
e597e9b71f93b17e4364bcc89
83a7a1717bfcd94e249d3-N/A
-N/A-20190221160722207233


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. 88012006 BETTERWORKS(Standard Characters, see https://tmng-al.uspto.gov/resting2/api/img/88012006/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Aplication service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance
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 10/30/2013 and first used in commerce at least as early as 10/30/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Aplication service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Application service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance; providing computer software consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance

Class 042 for Application service provider (ASP) featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in goals-based execution, employee engagement, operational excellence, and goal setting; Cloud computing featuring software for use in tracking work place meetings and work place communications; Cloud computing featuring software for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Platform as a service (PAAS) featuring computer software platforms for use in facilitating, implementing, and tracking work place communications and work place meetings; Platform as a service (PAAS) featuring computer software platforms for use in ensuring that specific work place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software for use in goal setting, uploading, posting, downloading, viewing and assessing information related to work place meetings and work place communications; Software as a service (SAAS) services featuring software for use in ensuring that specific work-place communications are occurring consistently and regularly within an organization by tracking and analyzing communications; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for collecting, processing, and presenting data gathered from everyday workplace activities across a company; Software as a service (SAAS) services featuring software that integrates and incorporates relevant industry expertise for providing insights and information on workplace productivity; providing computer software consulting services regarding use of software as a service (SaaS) programing to develop, align, and execute on enterprise visions and goals and to increase overall company performance
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 10/30/2013 and first used in commerce at least as early as 10/30/2013 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
the Examiner's recommended addition of the word "enterprise" is not an accurate description of the applicant's product, as they will be marketing their product to smaller entities, as well


SIGNATURE(S)
Response Signature
Signature: /Rhett Barney/     Date: 02/21/2019
Signatory's Name: Rhett V. Barney
Signatory's Position: Attorney of Record, WA State Bar Member

Signatory's Phone Number: 509-944-4642

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88012006
Internet Transmission Date: Thu Feb 21 16:29:13 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019022116291332
6670-88012006-620c3dc8f973471b7845fe597e
9b71f93b17e4364bcc8983a7a1717bfcd94e249d
3-N/A-N/A-20190221160722207233