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. 88095665 DARWIN(Standard Characters, see http://uspto.report/TM/88095665/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

The examiner indicated that a search of the USPTO?s database found no similar registered marks that would bar registration, but noted a prior filed application for the mark DARWEN, US serial no. 87214995, that may present a bar. Applicant asserts that the two marks are sufficiently distinct to avoid a likelihood of confusion. First, DARWEN is the name of a geographic location and river in England. DARWIN is not. Moreover, the goods and services of the present application are believed to be sufficiently distinct.

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, including software for mobile devices, namely, interactive software applications for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs; Financial software; Financial data processing software; Financial modelling software; Financial analysis software; Financial information software; Financial trading software, Financial investment software, Financial advice software; Statistical analysis software; Business software, including business analysis, research and information software; Software for collecting, processing and analysing business and commercial information; News aggregation and processing software; Downloadable computer software and programs, including computer application software and programs for mobile devices, namely, an interactive software application for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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, including software for mobile devices, namely, interactive software applications for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs; Computer application software for mobile devices; Financial software; Downloadable computer software, namely, computer application software for mobile devices for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Downloadable computer software, namely, computer application software for mobile devices for use in connecting customers with financial services companies and financial institutions, all in the fields of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Downloadable computer application software for use in the field of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; computer application software for smartphones, tablet computers, handheld computers and laptops, namely, interactive software applications for delivery of content to a user and for responding to and facilitating user interaction, in particular interaction with remote databases and programs; Financial information software; Financial software, namely software that combines complex analytical tools, in particular machine learning, natural language processing and neural networks, to enable users to make better and more profitable financial decisions; Financial trading software, Financial investment software, Financial advice software; financial software that enables users to receive, view, send, share and discuss financial information in real-time, in particular in relation to trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Statistical analysis software; Financial data processing software; Business software, including business analysis, research and information software; Financial modelling software; Software for collecting, processing and analysing business and commercial information; Financial analysis software; computer software for producing financial models; Downloadable computer software and programs, including computer application software and programs for mobile devices, namely, an interactive software application for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs; computer programs and computer software for the electronically trading of securities, currencies, financial instruments and products; Statistical analysis software for use in the field of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Business software, namely, software for use in compiling business analysis, research and information software; business software , namely, software for collecting, processing and analysing business and commercial information; News aggregation and processing software; Downloadable computer software and programs, namely, computer application software and programs for mobile devices, namely, computer application software for mobile devices for delivery of content to a user and for responding to and facilitating user interaction, collaboration and communication, including in real-time, in particular interaction with remote databases and programsClass 009 for Computer application software for mobile devices; Downloadable computer software, namely, computer application software for mobile devices for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Downloadable computer software, namely, computer application software for mobile devices for use in connecting customers with financial services companies and financial institutions, all in the fields of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Downloadable computer application software for use in the field of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; computer application software for smartphones, tablet computers, handheld computers and laptops, namely, interactive software applications for delivery of content to a user and for responding to and facilitating user interaction, in particular interaction with remote databases and programs; Financial software, namely software that combines complex analytical tools, in particular machine learning, natural language processing and neural networks, to enable users to make better and more profitable financial decisions; financial software that enables users to receive, view, send, share and discuss financial information in real-time, in particular in relation to trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Financial data processing software; Financial modelling software; Financial analysis software; computer software for producing financial models; computer programs and computer software for the electronically trading of securities, currencies, financial instruments and products; Statistical analysis software for use in the field of trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Business software, namely, software for use in compiling business analysis, research and information software; business software , namely, software for collecting, processing and analysing business and commercial information; News aggregation and processing software; Downloadable computer software and programs, namely, computer application software and programs for mobile devices, namely, computer application software for mobile devices for delivery of content to a user and for responding to and facilitating user interaction, collaboration and communication, including in real-time, in particular interaction with remote databases and programs
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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 foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Business analysis, research and information services, including computerised business analysis, research and information services; Providing commercial information from online databases; Processing commercial information for others; Providing online information about businesses from a computer database or the internet; Collecting and processing business and commercial information; Compiling of information into computer databases; Providing commercial information relating to companies
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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: Business analysis, research and information services, including computerised business analysis, research and information services; Business research and data analysis services for use in the field of the trading of securities and to support the production of financial models; Providing commercial information from online databases; Business research and data analysis services in the field of the trading of securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Processing commercial information for others; Providing business advice and information; Providing online information about businesses from a computer database or the internet; Providing commercial information from online databases for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Collecting and processing business and commercial information; Providing business information from a computer database or the internet; Providing business information, namely, commercial corporate and statistical information provided on-line from a computer database or the Internet; Compiling of information into computer databases; Providing commercial information relating to companiesClass 035 for Business research and data analysis services for use in the field of the trading of securities and to support the production of financial models; Business research and data analysis services in the field of the trading of securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Providing business advice and information; Providing commercial information from online databases for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Providing business information from a computer database or the internet; Providing business information, namely, commercial corporate and statistical information provided on-line from a computer database or the Internet; Compiling of information into computer databases; Providing commercial information relating to companies
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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 foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 036 for Financial services, including computerised financial services; Financial analysis; Financial research; Financial assessments and evaluations; Financial management services; Financial consulting; Financial investment services; Trading services relating to all kinds of financial instruments and products; Currency trading services; Financial advice; Investment advice; Investment services; Investment management services; Asset management services (financial); Financial information processing; Financial information services; Investment information services; Providing financial information and data, including financial information and data to investors; Financial database services; Providing online information about financial services from a computer database or the internet; Financial strategy consulting services; Financial information retrieval services
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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: Financial services, including computerised financial services; Financial services, namely computerised financial services in the nature of financial analysis and financial research; Financial analysis; Financial assessment services provided to consumers, financial advisors and brokers and financial evaluations; Financial research; Financial management services; Financial assessments and evaluations; Financial consulting; Financial investment brokerage services; Electronic financial trading services relating to all kinds of financial instruments and products; Financial investment services; Currency trading services; Trading services relating to all kinds of financial instruments and products; Financial advice; Investment advice; Investment services; Investment management services; Financial asset management; Financial information processing; Asset management services (financial); Financial information services; Investment information services; Providing financial information and data in the nature of financial information and data to investors; Financial database services in the nature of providing an on-line searchable database featuring financial information about trading securities, currencies, financial instruments and products; Providing financial information and data, including financial information and data to investors; Providing online information about financial services from a computer database or the internet; Financial database services; Financial strategy consulting services; Financial information retrieval servicesClass 036 for Financial services, namely computerised financial services in the nature of financial analysis and financial research; Financial assessment services provided to consumers, financial advisors and brokers and financial evaluations; Financial management services; Financial consulting; Financial investment brokerage services; Electronic financial trading services relating to all kinds of financial instruments and products; Currency trading services; Financial advice; Investment advice; Investment services; Investment management services; Financial asset management; Financial information processing; Financial information services; Investment information services; Providing financial information and data in the nature of financial information and data to investors; Financial database services in the nature of providing an on-line searchable database featuring financial information about trading securities, currencies, financial instruments and products; Providing online information about financial services from a computer database or the internet; Financial strategy consulting services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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 foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service, namely, an interactive software application for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs; financial software, financial data processing software, financial modelling software, financial analysis software, financial information software, financial trading software, financial investment software, financial advice software, all of the above being provided as software as a service; Statistical analysis software, business software, including business analysis, research and information software, software for collecting, processing and analysing business and commercial information, and news aggregation and processing software, all of the above being provided as software as a service; Hosting digital content online; Hosting digital applications online; Hosting databases; Hosting of mobile applications; Hosting multimedia content; Hosting interactive applications; Hosting of financial trading platforms online or on the Internet; Computer software design for others; Consultancy in the field of software design; Development of software for secure network operations; Computer software technical support services; Consultancy and advice on computer software and hardware; Creation, maintenance and adaptation of software; Customization of computer hardware and software; Design, maintenance and updating of computer software; Developing computer software for others; Development of interactive multimedia software; Development of software solutions for internet providers and internet users; Scientific analysis and research; Mathematical research; Design of mathematical models and algorithms; Design of financial models and algorithms
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.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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: Software as a service, namely, an interactive software application for delivery of content to a user and for responding to and facilitating user interaction, including interaction with remote databases and programs; Software as a service (SAAS) services featuring software for delivery of content to a user and for responding to and facilitating user interaction, collaboration and communication, including in real-time, in particular interaction with remote databases and programs; financial software, financial data processing software, financial modelling software, financial analysis software, financial information software, financial trading software, financial investment software, financial advice software, all of the above being provided as software as a service; Software as a service (SAAS) services featuring interface software for delivery of content to a user and for responding to and facilitating user interaction, in particular interaction with remote databases and programs, all for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Statistical analysis software, business software, including business analysis, research and information software, software for collecting, processing and analysing business and commercial information, and news aggregation and processing software, all of the above being provided as software as a service; Software as a service (SAAS) services featuring business and financial data communications software, for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Hosting digital content online; Software as a service (SAAS) services featuring data communications software for delivery of data and content to a user and for responding to and facilitating user interaction, in particular communication and interaction with remote databases and programs, all for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Hosting digital applications online; Software as a service (SAAS) services featuring financial software that combines complex analytical tools, in particular machine learning, natural language processing and neural networks, to enable users to make better and more profitable financial decisions; Hosting databases; Software as a service (SAAS) services featuring financial data processing software; Hosting of mobile applications; Software as a service (SAAS) services featuring financial modelling software; Hosting multimedia content; Software as a service (SAAS) services featuring financial analysis software for trading securities, currencies, financial instruments and products and for advising about trading securities, currencies, financial instruments and products; Hosting interactive applications; Software as a service (SAAS) services featuring financial information software for trading securities, currencies, financial instruments and products; Hosting of financial trading platforms online or on the Internet; Software as a service (SAAS) services featuring financial information software that enables users to receive, view, send, share and discuss financial information in real-time, in particular in relation to trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial trading software for the electronic trading of securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial investment software for the electronic trading of securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial advice software related to trading securities, currencies, financial instruments and products and for advising about trading securities, currencies, financial instruments and products; Computer software technical support services; Software as a service (SAAS) services featuring statistical analysis software, business software, namely business analysis, research and information software, software for collecting, processing and analysing business and commercial information, and news aggregation and processing software; Consultancy and advice on computer software and hardware; Software as a service (SAAS) services, namely, hosting software for use by others for use in relation to the electronic trading of securities, currencies, financial instruments and products; Creation, maintenance and adaptation of software; Application service provider (ASP), namely, hosting computer software applications of others; Customization of computer hardware and software; Computer software design for others; Design, maintenance and updating of computer software; Consultancy in the field of software design; Development of software for secure network operations; Computer software technical support services, namely, 4/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications; Consultancy and advice on computer software; Scientific analysis and research; consultancy on the design and development of computer hardware; Customization of computer software; Design, maintenance, development and updating of computer software; Developing computer software for others; Development of interactive multimedia software; Development of software solutions for internet providers and internet users; scientific and technological services, namely, scientific research, analysis and testing in the fields of machine learning, natural language processing and neural networks; Mathematical research; Design of mathematical models and algorithms; Design of financial models and algorithmsClass 042 for Software as a service (SAAS) services featuring software for delivery of content to a user and for responding to and facilitating user interaction, collaboration and communication, including in real-time, in particular interaction with remote databases and programs; Software as a service (SAAS) services featuring interface software for delivery of content to a user and for responding to and facilitating user interaction, in particular interaction with remote databases and programs, all for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring business and financial data communications software, for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring data communications software for delivery of data and content to a user and for responding to and facilitating user interaction, in particular communication and interaction with remote databases and programs, all for use in the field of trading securities, currencies, financial instruments and products and in the field of advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial software that combines complex analytical tools, in particular machine learning, natural language processing and neural networks, to enable users to make better and more profitable financial decisions; Software as a service (SAAS) services featuring financial data processing software; Software as a service (SAAS) services featuring financial modelling software; Software as a service (SAAS) services featuring financial analysis software for trading securities, currencies, financial instruments and products and for advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial information software for trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial information software that enables users to receive, view, send, share and discuss financial information in real-time, in particular in relation to trading securities, currencies, financial instruments and products and advising about trading securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial trading software for the electronic trading of securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial investment software for the electronic trading of securities, currencies, financial instruments and products; Software as a service (SAAS) services featuring financial advice software related to trading securities, currencies, financial instruments and products and for advising about trading securities, currencies, financial instruments and products ; Software as a service (SAAS) services featuring statistical analysis software, business software, namely business analysis, research and information software, software for collecting, processing and analysing business and commercial information, and news aggregation and processing software; Software as a service (SAAS) services, namely, hosting software for use by others for use in relation to the electronic trading of securities, currencies, financial instruments and products; Application service provider (ASP), namely, hosting computer software applications of others; Computer software design for others; Consultancy in the field of software design; Development of software for secure network operations; Computer software technical support services, namely, 4/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications; Consultancy and advice on computer software; consultancy on the design and development of computer hardware; Customization of computer software; Design, maintenance, development and updating of computer software; Developing computer software for others; Development of interactive multimedia software; Development of software solutions for internet providers and internet users; scientific and technological services, namely, scientific research, analysis and testing in the fields of machine learning, natural language processing and neural networks; Mathematical research; Design of mathematical models and algorithms; Design of financial models and algorithms
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.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 017604612 registered 05/15/2018 with a renewal date of __________ and an expiration date of 12/15/2027 ], 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 foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

SIGNATURE(S)
Response Signature
Signature: /gah/     Date: 05/23/2019
Signatory's Name: Gary Hecht
Signatory's Position: Attorney of record, Pennsylvania bar member

Signatory's Phone Number: 2152992416

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: 88095665
Internet Transmission Date: Thu May 23 16:28:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201905231628380
95678-88095665-6202db3b32ecc664dcfebe7a6
f79ee91f1b3afe20b22ed1639e9929221b52461-
N/A-N/A-20190523160912724981