Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88091297 |
LAW OFFICE ASSIGNED |
LAW OFFICE 109 |
MARK SECTION |
MARK |
http://uspto.report/TM/88091297/mark.png |
LITERAL ELEMENT |
NOTIFY |
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. |
ARGUMENT(S) |
Please see the actual argument text attached within the Evidence section. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_6637253148-20190610114708240967_._Argument_Text.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\880\912\88091297\xml6\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\880\912\88091297\xml6\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
argument text |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Electrical and scientific apparatus: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring,
signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling
electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for
coin-operated apparatus; cash registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Electrical and scientific apparatus: scientific, nautical, surveying, photographic, cinematographic,
optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; Computer software application for quality
assurance of perishable food products throughout the supply chain; apparatus and instruments for conducting, switching, transforming, accumulating, regulating
or controlling electricity; Computer software platform for quality assurance of perishable food items as they travel through the supply chain; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing
apparatus |
FINAL DESCRIPTION |
Computer software application for quality assurance of perishable food products throughout the supply chain; Computer software platform
for quality assurance of perishable food items as they travel through the supply chain |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Computer and scientific: scientific and technological services and research and design relating thereto; industrial analysis and
research services; design and development of computer hardware and software |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Computer and scientific: scientific and technological services and research and design relating
thereto; Providing temporary use of non-downloadable cloud-based software for quality assurance of perishable food products throughout the supply chain;
industrial analysis and research services; design and development of computer hardware and software |
FINAL DESCRIPTION |
Providing temporary use of non-downloadable cloud-based software for quality assurance of perishable food products throughout the
supply chain |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/HollyMLar/ |
SIGNATORY'S NAME |
Holly M. Lar |
SIGNATORY'S POSITION |
Attorney of Record, AR2011204 |
DATE SIGNED |
06/10/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Jun 10 12:17:06 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0190610121706179726-88091
297-620eeaeaf86428a893a1e
27326de3d0c7e276bee789c8e
1ac48ecada6eeb3882c-N/A-N
/A-20190610114708240967 |
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.
88091297 NOTIFY(Standard Characters, see http://uspto.report/TM/88091297/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Please see the actual argument text attached within the Evidence section.
EVIDENCE
Evidence in the nature of argument text has been attached.
Original PDF file:
evi_6637253148-20190610114708240967_._Argument_Text.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electrical and scientific apparatus: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision),
life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording,
transmission or reproduction of sound or images; magnetic data carriers, recording discs; compact discs, DVDs and other digital recording media; mechanisms for coin-operated apparatus; cash
registers, calculating machines, data processing equipment, computers; computer software; fire-extinguishing apparatus
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Electrical and scientific apparatus: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring,
signalling, checking (supervision), life-saving and teaching apparatus and instruments;
Computer software application for quality assurance of perishable food
products throughout the supply chain;
apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling
electricity;
Computer software platform for quality assurance of perishable food items as they travel through the supply chain;
apparatus for recording, transmission or reproduction of sound or images;
magnetic data carriers, recording discs;
compact discs, DVDs and other digital recording media;
mechanisms for coin-operated apparatus;
cash registers,
calculating machines, data processing equipment, computers;
computer software;
fire-extinguishing apparatusClass
009 for Computer software application for quality assurance of perishable food products throughout the supply chain; Computer software platform for quality assurance of perishable food items as they
travel through the supply chain
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer and scientific: scientific and technological services and research and design relating thereto; industrial analysis and research services; design and
development of computer hardware and software
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
Proposed:
Tracked Text Description: Computer and scientific: scientific and technological services and research and design relating thereto;
Providing temporary use of non-downloadable cloud-based software for quality assurance of perishable food products throughout the supply chain;
industrial analysis and research services;
design and development of computer hardware and softwareClass 042 for Providing temporary use of
non-downloadable cloud-based software for quality assurance of perishable food products throughout the supply chain
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was
entitled, to use the mark in commerce on or in connection with the identified goods/services in the application.
For a collective trademark, collective service mark, or collective membership
mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members
on or in connection with the identified goods/services/collective membership organization.
For a certification mark application: As of the application filing date, the applicant had a
bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will
not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that
meet the certification standards of the applicant.
SIGNATURE(S)
Response Signature
Signature: /HollyMLar/ Date: 06/10/2019
Signatory's Name: Holly M. Lar
Signatory's Position: Attorney of Record, AR2011204
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: 88091297
Internet Transmission Date: Mon Jun 10 12:17:06 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019061012170617
9726-88091297-620eeaeaf86428a893a1e27326
de3d0c7e276bee789c8e1ac48ecada6eeb3882c-
N/A-N/A-20190610114708240967