Response to Office Action

XOMETRY

Xometry, Inc.

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 88134701
LAW OFFICE ASSIGNED LAW OFFICE 113
MARK SECTION
MARK http://uspto.report/TM/88134701/mark.png
LITERAL ELEMENT XOMETRY
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 (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION
Business services, namely, providing an interactive web site that enable customers to upload CAD files to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/31/2015
        FIRST USE IN COMMERCE DATE At least as early as 07/31/2015
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Business services, namely, providing an interactive web site that enable customers to upload CAD files to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture; Business services, namely, providing price quotations for the services of others from multiple competitive sources via an interactive website based on customer uploaded CAD (computer aided design) files of customer created designs
FINAL DESCRIPTION
Business services, namely, providing price quotations for the services of others from multiple competitive sources via an interactive website based on customer uploaded CAD (computer aided design) files of customer created designs
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/31/2015
       FIRST USE IN COMMERCE DATE At least as early as 07/31/2015
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION Engineering services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 07/31/2015
        FIRST USE IN COMMERCE DATE At least as early as 07/31/2015
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Engineering services; Software as a service (SAAS) services, namely, providing an interactive website featuring software that allows customers to upload CAD (computer aided design) files in order to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture.
FINAL DESCRIPTION
Engineering services; Software as a service (SAAS) services, namely, providing an interactive website featuring software that allows customers to upload CAD (computer aided design) files in order to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture.
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 07/31/2015
       FIRST USE IN COMMERCE DATE At least as early as 07/31/2015
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT The Office Action dated October 17, 2018 has been received and carefully reviewed. The Hon. Trademark Attorney required clarification about the full name and title of the signatory to the application. Applicant responds the signatory's full name is Laurence Zuriff and his title is CFO.
SIGNATURE SECTION
RESPONSE SIGNATURE /Robert B.G. Horowitz/
SIGNATORY'S NAME Robert B.G. Horowitz
SIGNATORY'S POSITION Attorney for Applicant
SIGNATORY'S PHONE NUMBER 212 589-4200
DATE SIGNED 12/13/2018
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu Dec 13 13:21:45 EST 2018
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0181213132145900264-88134
701-610514f5a74f2a173819a
740a15a3b6d14697d10d8a6ae
e19920f2da99f8494-N/A-N/A
-20181213131436216369



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. 88134701 XOMETRY(Standard Characters, see http://uspto.report/TM/88134701/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 035 for Business services, namely, providing an interactive web site that enable customers to upload CAD files to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture
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 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Business services, namely, providing an interactive web site that enable customers to upload CAD files to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture; Business services, namely, providing price quotations for the services of others from multiple competitive sources via an interactive website based on customer uploaded CAD (computer aided design) files of customer created designsClass 035 for Business services, namely, providing price quotations for the services of others from multiple competitive sources via an interactive website based on customer uploaded CAD (computer aided design) files of customer created designs
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 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Engineering services
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 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Engineering services; Software as a service (SAAS) services, namely, providing an interactive website featuring software that allows customers to upload CAD (computer aided design) files in order to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture.Class 042 for Engineering services; Software as a service (SAAS) services, namely, providing an interactive website featuring software that allows customers to upload CAD (computer aided design) files in order to receive price quotes and lead times for the production of those CAD designs based on the preferred manufacturing processes and materials for their proprietary designs and then order the parts to manufacture.
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 07/31/2015 and first used in commerce at least as early as 07/31/2015 , and is now in use in such commerce.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Office Action dated October 17, 2018 has been received and carefully reviewed. The Hon. Trademark Attorney required clarification about the full name and title of the signatory to the application. Applicant responds the signatory's full name is Laurence Zuriff and his title is CFO.


SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 12/13/2018
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 589-4200

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: 88134701
Internet Transmission Date: Thu Dec 13 13:21:45 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018121313214590
0264-88134701-610514f5a74f2a173819a740a1
5a3b6d14697d10d8a6aee19920f2da99f8494-N/
A-N/A-20181213131436216369



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