Response to Office Action

SOLV

Swinerton Incorporated

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88111074
LAW OFFICE ASSIGNED LAW OFFICE 126
MARK SECTION
MARK http://uspto.report/TM/88111074/mark.png
LITERAL ELEMENT SOLV
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 CLASS 042
DESCRIPTION
Providing temporary use of on-line non-downloadable cloud computing software used to monitor, analyze, maintain, and control wind energy based power plant sites and data collected from such sites
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 11/00/2017
        FIRST USE IN COMMERCE DATE At least as early as 11/00/2017
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 042
DESCRIPTION
Providing temporary use of on-line non-downloadable cloud computing software used to monitor, analyze, maintain, and control wind energy based power plant sites and data collected from such sites
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 11/00/2017
       FIRST USE IN COMMERCE DATE At least as early as 11/00/2017
       STATEMENT TYPE "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
       SPECIMEN FILE NAME(S)
       ORIGINAL PDF FILE SPU0-16522532115-20190722101238137844_._11502-21___Substitute_Specimens_for_ROA.PDF
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\110\88111074\xml7\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\110\88111074\xml7\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\110\88111074\xml7\ROA0004.JPG
       SPECIMEN DESCRIPTION screen shots of the computer software showing the mark reflecting the software's use for monitoring wind energy under the Analysis column where the Report referenced is "Wind Meter Daily Energy" and the chart itself shows "Sensors - Wind speed (m/s)"
SIGNATURE SECTION
       ORIGINAL PDF FILE HS_16522532115-101238137_._ation_re_Submission_of_Substitute_Specimens_Signed_by_Client.PDF
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT17\IMAGEOUT17\881\110\88111074\xml7\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\881\110\88111074\xml7\ROA0006.JPG
SIGNATORY'S NAME Eric M. Foster
SIGNATORY'S POSITION CEO
RESPONSE SIGNATURE /Caroline Mankey/
SIGNATORY'S NAME Caroline Mankey
SIGNATORY'S POSITION Attorney of Record, California Bar Member
SIGNATORY'S PHONE NUMBER 213-533-5949
DATE SIGNED 07/22/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jul 22 10:19:52 EDT 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.XXX-
20190722101952747335-8811
1074-6206f1c3e85c218a67c6
c532195984d5319b91e10e38a
c7272b9aa749f04494d188-N/
A-N/A-2019072210123813784
4



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. 88111074 SOLV(Standard Characters, see http://uspto.report/TM/88111074/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 042 for Providing temporary use of on-line non-downloadable cloud computing software used to monitor, analyze, maintain, and control wind energy based power plant sites and data collected from such sites
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 11/00/2017 and first used in commerce at least as early as 11/00/2017 , and is now in use in such commerce.

Proposed: Class 042 for Providing temporary use of on-line non-downloadable cloud computing software used to monitor, analyze, maintain, and control wind energy based power plant sites and data collected from such sites
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 11/00/2017 and first used in commerce at least as early as 11/00/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of screen shots of the computer software showing the mark reflecting the software's use for monitoring wind energy under the Analysis column where the Report referenced is "Wind Meter Daily Energy" and the chart itself shows "Sensors - Wind speed (m/s)" .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-16522532115-20190722101238137844_._11502-21___Substitute_Specimens_for_ROA.PDF
Converted PDF file(s) ( 3 pages)
Specimen File1
Specimen File2
Specimen File3

SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_16522532115-101238137_._ation_re_Submission_of_Substitute_Specimens_Signed_by_Client.PDF
Converted PDF file(s) (2 pages)
Signature File1
Signature File2
Signatory's Name: Eric M. Foster
Signatory's Position: CEO

Response Signature
Signature: /Caroline Mankey/     Date: 07/22/2019
Signatory's Name: Caroline Mankey
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 213-533-5949

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: 88111074
Internet Transmission Date: Mon Jul 22 10:19:52 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201907221019527
47335-88111074-6206f1c3e85c218a67c6c5321
95984d5319b91e10e38ac7272b9aa749f04494d1
88-N/A-N/A-20190722101238137844


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