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. 88167075 TRAX(Standard Characters, see http://uspto.report/TM/88167075/mark.png) has been amended as follows:

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

Applicant has amended its identification of goods in response to the Examining Attorney's partial refusal based on U.S. Registration Nos. 5148698, 5144152 and 5009965

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 for analyzing and managing retail sales; image recognition computer software; computer software for global positioning systems; Computer software for analyzing, managing, and tracking retail sales through the use of image recognition; computer software for collecting, managing and reporting on data from connected computer systems, digital mobile devices, and Internet of Things (IoT) devices; data processing software; computer software for analyzing market information; computer software for processing market information; computer software for analyzing images; Computer software for use in database management, project management, information processing, images, graphics and text processing, automating and managing business processes; computer software for use in data and document capture, transmission, storage and indexing; none of the aforesaid goods relating to financial services, financial markets, financial securities, transportation, and freight, and none of the aforesaid goods relating to the transportation of goods and products
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 03/00/2014 and first used in commerce at least as early as 03/00/2014 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for analyzing and managing retail sales; image recognition computer software; computer software for global positioning systems; Computer software for analyzing, managing, and tracking retail sales through the use of image recognition; computer software for collecting, managing and reporting on data from connected computer systems, digital mobile devices, and Internet of Things (IoT) devices; data processing software; computer software for analyzing market information; computer software for processing market information; computer software for analyzing images; Computer software for use in database management, project management, information processing, images, graphics and text processing, automating and managing business processes; computer software for use in data and document capture, transmission, storage and indexing; none of the aforesaid goods relating to financial services, financial markets, financial securities, transportation, and freight, and none of the aforesaid goods relating to the transportation of goods and productsClass 009 for Computer software for analyzing and managing retail sales; image recognition computer software; Computer software for analyzing, managing, and tracking retail sales through the use of image recognition; computer software for collecting, managing and reporting on data from connected computer systems, digital mobile devices, and Internet of Things (IoT) devices; data processing software; computer software for analyzing market information; computer software for processing market information; computer software for analyzing images; Computer software for use in database management, project management, information processing, images, graphics and text processing, automating and managing business processes; computer software for use in data and document capture, transmission, storage and indexing; none of the aforesaid goods relating to financial services, financial markets, financial securities, transportation, and freight, and none of the aforesaid goods relating to the transportation of goods and products
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 03/00/2014 and first used in commerce at least as early as 03/00/2014 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /chris civil/     Date: 11/29/2018
Signatory's Name: Chris Civil
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 415 773-5803

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: 88167075
Internet Transmission Date: Thu Nov 29 17:19:54 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018112917195452
4220-88167075-610ebe0c671299d6f8de128713
53a2231a4477d3af9e9f32034e4428838ecc56f-
N/A-N/A-20181129163620848754