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. 88112815  (Stylized and/or with Design, see http://uspto.report/TM/88112815/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 Downloadable computer software and development tools for the design, creation, testing, and management of mobile applications and content; computer programs for mobile application development; compiler programs, debugger programs and utility programs for creating graphical applications; computer programs for assisting developers in creating program code for use in multiple application programs; computer programs for running development programs and application programs in a common development environment
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 01/15/2015 and first used in commerce at least as early as 01/15/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable computer software and development tools for the design, creation, testing, and management of mobile applications and content; Downloadable computer software and software development tools for the design, creation, testing, and management of mobile applications; computer programs for mobile application development; compiler programs, debugger programs and utility programs for creating graphical applications; compiler software programs, debugger software programs and utility software programs for creating graphical applications; computer programs for assisting developers in creating program code for use in multiple application programs; computer programs for running development programs and application programs in a common development environmentClass 009 for Downloadable computer software and software development tools for the design, creation, testing, and management of mobile applications; computer programs for mobile application development; compiler software programs, debugger software programs and utility software programs for creating graphical applications; computer programs for assisting developers in creating program code for use in multiple application programs; computer programs for running development programs and application programs in a common development environment
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 01/15/2015 and first used in commerce at least as early as 01/15/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Description of mark
The mark consists of a stylized pentagon comprising shaded circles at each of the five points connected to a straight line that extends toward the next shaded circle with an open semi-circle surrounding the next shaded circle. The upper circle and line combination shown in dark blue, with the next circle and line combination moving clockwise shown in green, followed by the next circle and line combination shown in purple, followed by the next circle and line combination shown in light blue, followed by the final circle and line combination shown in red. The color white represents background and does not form part of the mark.

SIGNATURE(S)
Response Signature
Signature: /Andrew Abrams/     Date: 02/27/2019
Signatory's Name: Andrew Abrams
Signatory's Position: Senior Trademark Counsel, CA bar member

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: 88112815
Internet Transmission Date: Wed Feb 27 18:00:18 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019022718001890
1017-88112815-6203b1d9a88d1154a3b5b70419
c6c6f7fa5d33f935d23a3105ff5aafbc5c253b49
2-N/A-N/A-20190227174754318203