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 |
88114554 |
LAW OFFICE ASSIGNED |
LAW OFFICE 112 |
MARK SECTION |
MARK |
http://uspto.report/TM/88114554/mark.png |
LITERAL ELEMENT |
SPECTRUM |
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_2076785158-20190207134352805839_._SPECTRUM.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\145\88114554\xml4\ROA0002.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\145\88114554\xml4\ROA0003.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant's actual argument text. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
PAAS (platform as a service) featuring computer software algorithms, tools, and features for the monitoring, detection, identification,
collection, mining, classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and information;
SAAS (software as a service) featuring computer software tools, cloud services, web services, artificial intelligence, intelligent models, and algorithms for predictive, near real-time, live and
passive monitoring, identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content,
messages, comments, multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological
ecosystems |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
PAAS (platform as a service) featuring computer software algorithms, tools, and features for the
monitoring, detection, identification, collection, mining, classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and
sharing of data, content, and information; Platform as a service (PAAS) featuring computer software for the monitoring, detection, identification, collection,
mining, classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and information;
SAAS (software as a service) featuring computer software tools, cloud services, web services, artificial intelligence, intelligent models, and algorithms for
predictive, near real-time, live and passive monitoring, identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and
deletion of user-generated content, messages, comments, multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service
providers, and evolving technological ecosystems; Software as a service (SAAS) services featuring computer software for predictive, near real-time, live and
passive monitoring, identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content,
messages, comments, multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological
ecosystems |
FINAL DESCRIPTION |
Platform as a service (PAAS) featuring computer software for the monitoring, detection, identification, collection, mining,
classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and information; Software as a
service (SAAS) services featuring computer software for predictive, near real-time, live and passive monitoring, identification, collection, mining, classification, scoring, enrichment, modification,
management, analysis, promotion, suppression, and deletion of user-generated content, messages, comments, multimedia, media, and various other content on, or through, websites, online ecosystems,
digital platforms, digital applications, service providers, and evolving technological ecosystems |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/kfennessy/ |
SIGNATORY'S NAME |
Kathleen S. Fennessy |
SIGNATORY'S POSITION |
Attorney, Barnes & Thornburg LLP, Indiana Bar Member |
SIGNATORY'S PHONE NUMBER |
3172317706 |
DATE SIGNED |
02/07/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Feb 07 13:46:46 EST 2019 |
TEAS STAMP |
USPTO/ROA-XXX.XX.XX.XXX-2
0190207134646874126-88114
554-62032583e16d349271357
28a63ff1603287449c7212272
299d77a67c5da1e649f-N/A-N
/A-20190207134352805839 |
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.
88114554 SPECTRUM(Standard Characters, see http://uspto.report/TM/88114554/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 Applicant's actual argument text. has been attached.
Original PDF file:
evi_2076785158-20190207134352805839_._SPECTRUM.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 042 for PAAS (platform as a service) featuring computer software algorithms, tools, and features for the monitoring, detection, identification, collection, mining,
classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and information; SAAS (software as a
service) featuring computer software tools, cloud services, web services, artificial intelligence, intelligent models, and algorithms for predictive, near real-time, live and passive monitoring,
identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content, messages, comments,
multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological ecosystems
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: PAAS (platform as a service) featuring computer software algorithms, tools, and features for the monitoring, detection, identification,
collection, mining, classification, labeling, scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and
information;
Platform as a service (PAAS) featuring computer software for the monitoring, detection, identification, collection, mining, classification, labeling,
scoring, augmentation, enrichment, organization, editing, modification, transmission, storage, management, and sharing of data, content, and information;
SAAS
(software as a service) featuring computer software tools, cloud services, web services, artificial intelligence, intelligent models, and algorithms for predictive, near real-time, live and passive
monitoring, identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content, messages,
comments, multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological
ecosystems;
Software as a service (SAAS) services featuring computer software for predictive, near real-time, live and passive monitoring, identification,
collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content, messages, comments, multimedia, media, and
various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological ecosystemsClass 042 for Platform as a
service (PAAS) featuring computer software for the monitoring, detection, identification, collection, mining, classification, labeling, scoring, augmentation, enrichment, organization, editing,
modification, transmission, storage, management, and sharing of data, content, and information; Software as a service (SAAS) services featuring computer software for predictive, near real-time, live
and passive monitoring, identification, collection, mining, classification, scoring, enrichment, modification, management, analysis, promotion, suppression, and deletion of user-generated content,
messages, comments, multimedia, media, and various other content on, or through, websites, online ecosystems, digital platforms, digital applications, service providers, and evolving technological
ecosystems
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: /kfennessy/ Date: 02/07/2019
Signatory's Name: Kathleen S. Fennessy
Signatory's Position: Attorney, Barnes & Thornburg LLP, Indiana Bar Member
Signatory's Phone Number: 3172317706
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: 88114554
Internet Transmission Date: Thu Feb 07 13:46:46 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019020713464687
4126-88114554-62032583e16d34927135728a63
ff1603287449c7212272299d77a67c5da1e649f-
N/A-N/A-20190207134352805839