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. 88087542 SKYERX (Stylized and/or with Design, see http://uspto.report/TM/88087542/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 platforms, recorded or downloadable; Computer programs; Cell phone applications; Computer software applications, downloadable; Pictures downloaded from the Internet; Electronic publications, downloadable; Downloadable image files; Films downloaded from the Internet; Cameras; Camcorders; Video recorders/players; Camera straps; Case for photo taking devices; Video screens; Multi-function digital transmitters; Sound recording apparatus; Image recording apparatus; Network servers; Conductors, electric; Wearable electronic devices
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Taiwan application number 107053907 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software platforms, recorded or downloadable; Computer software platforms, recorded and downloadable, for database management; Computer programs; Downloadable computer operating programs; Cell phone applications; Cell phone computer applications software, namely for database management; Computer software applications, downloadable; Computer software applications, downloadable, namely for database management; Pictures downloaded from the Internet; Pictures downloaded from the Internet in the field of landscape; Electronic publications, downloadable; Electronic publications, downloadable, namely, pictures.; Downloadable image files; Downloadable image files in the field of landscape; Films downloaded from the Internet; Films downloaded from the Internet featuring landscape provided via a video-on-demand service; Cameras; Camcorders; Video recorders/players; Combination video recorders and players; Camera straps; Case for photo taking devices; Case for photo taking devices in the nature of camera cases; Video screens; Multi-function digital transmitters; Sound recording apparatus; Image recording apparatus; Image recording apparatus in the nature of video recorder and camera; Network servers; Conductors, electric; Wearable electronic devices; Wearable electronic devices in the nature of smartwatch.Class 009 for Computer software platforms, recorded and downloadable, for database management; Downloadable computer operating programs; Cell phone computer applications software, namely for database management; Computer software applications, downloadable, namely for database management; Pictures downloaded from the Internet in the field of landscape; Electronic publications, downloadable, namely, pictures.; Downloadable image files in the field of landscape; Films downloaded from the Internet featuring landscape provided via a video-on-demand service; Cameras; Camcorders; Combination video recorders and players; Camera straps; Case for photo taking devices in the nature of camera cases; Video screens; Multi-function digital transmitters; Sound recording apparatus; Image recording apparatus in the nature of video recorder and camera; Network servers; Conductors, electric; Wearable electronic devices in the nature of smartwatch.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Taiwan application number 107053907 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for News agency services; Television broadcasting; Telecommunication transmission; Telecommunication connection of global computer information networks; On-line information transmission; Electronic bulletin board services; Computer aided transmission of messages and images; Providing user access to global computer networks; Providing internet chatrooms; Providing access to databases
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Taiwan application number 107053906 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: News agency services; News agency services for electronic transmission; Television broadcasting; Telecommunication transmission; Telecommunication services in the nature of transmission of transmission of webcasts; Telecommunication connection of global computer information networks; Providing telecommunication connection of to a global computer information networks; On-line information transmission; On-line information transmission, namely provision of online forums for users for the sharing and transmission of information and electronic media concerning environmental matters; Electronic bulletin board services; Computer aided transmission of messages and images; Providing user access to global computer networks; Providing internet chatrooms; Providing access to databasesClass 038 for News agency services for electronic transmission; Television broadcasting; Telecommunication services in the nature of transmission of transmission of webcasts; Providing telecommunication connection of to a global computer information networks; On-line information transmission, namely provision of online forums for users for the sharing and transmission of information and electronic media concerning environmental matters; Electronic bulletin board services; Computer aided transmission of messages and images; Providing user access to global computer networks; Providing internet chatrooms; Providing access to databases
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Taiwan application number 107053906 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Cartography services; Computer programming; Updating of computer software; Maintenance of computer software; Design of electronic map software; Providing service for temporary use of non-downloadable computer software; Processing of computer data; Rental of network server spaces; Planning and construction of web site; Network web page design; Consultancy in the design and development of computer hardware; On-line data storage service; Computer data backup services
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Taiwan application number 107053905 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cartography services; Computer programming; Updating of computer software; Maintenance of computer software; Design of electronic map software; Providing service for temporary use of non-downloadable computer software; Providing service for temporary use of non-downloadable computer software for data mapping software; Processing of computer data; Processing of computer data, namely development and creation of computer programs for data processing; Rental of network server spaces; Rental of network database server spaces; Planning and construction of web site; Planning and construction of web site for others in the field of pictures, videos, creating maps; Network web page design; Network web page design for others in the field of portfolios, mappings, land scapings; Consultancy in the design and development of computer hardware; On-line data storage service, namely, providing temporary use of on-line non-downloadable cloud computing software for electronic storage of data; On-line data storage service; ; Computer data backup services; Electronic computer data backup services.Class 042 for Cartography services; Computer programming; Updating of computer software; Maintenance of computer software; Design of electronic map software; Providing service for temporary use of non-downloadable computer software for data mapping software; Processing of computer data, namely development and creation of computer programs for data processing; Rental of network database server spaces; Planning and construction of web site for others in the field of pictures, videos, creating maps; Network web page design for others in the field of portfolios, mappings, land scapings; On-line data storage service, namely, providing temporary use of on-line non-downloadable cloud computing software for electronic storage of data;; Electronic computer data backup services.
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Taiwan application number 107053905 filed 08/20/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

SIGNATURE(S)
Response Signature
Signature: /CHENYIJEN/     Date: 02/11/2019
Signatory's Name: CHEN, YI-JEN
Signatory's Position: Owner

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
Serial Number: 88087542
Internet Transmission Date: Mon Feb 11 02:30:32 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201902110230327
39251-88087542-6204dd05b4a679939fac6fbd3
535fd35b1d51f7c1a73da3f5a7295386e8805595
-N/A-N/A-20190211022939557541