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. 88171880 FOTOMAT(Standard Characters, see http://uspto.report/TM/88171880/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to Section 2(d) Refusal and Exhibits A and B in Support. has been attached.
Original PDF file:
evi_671914787-20190306174258640305_._FOTOMAT_-_Section_2_d__Likelihood_of_Confusion_Response.pdf
Converted PDF file(s) ( 9 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Original PDF file:
evi_671914787-20190306174258640305_._Exhibit_A.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
Original PDF file:
evi_671914787-20190306174258640305_._Exhibit_B.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Online consumer digital photographic services, namely providing online access to digitized photographic images via the internet; Electronic storage of digitized photographic images, including data associated with digitized photographic images; Online services for hosting, sharing and archiving digitized photographic images of consumers; Peer-to- peer online browser for consumer photo sharing; A website featuring technology enabling consumers to upload, view, and download digitized photographic images; Computer services, providing consumers a web site featuring technology that enables consumers to share, bookmark, index, store, collect digitized photographic images, electronic imaging of photographs for photographic products such as calendars and other photographic image products with resources from digitized photographic image form in the nature and field of consumer digitized photographic images; Select digital photography services
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.

In International Class 042, the mark was first used at least as early as 05/25/2017 and first used in commerce at least as early as 04/05/2018 .

Proposed:
Tracked Text Description: Online consumer digital photographic services, namely providing online access to digitized photographic images via the internet; Computer services, namely, electronic digitizing of photographic images via the Internet; Electronic storage of digitized photographic images, including data associated with digitized photographic images; Providing a web site for the electronic storage of digital photographs; Online services for hosting, sharing and archiving digitized photographic images of consumers; Providing a web site featuring technology that enables users to host, share and archive digitized photographic images of consumers; Peer-to- peer online browser for consumer photo sharing; Peer-to- peer photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos for consumer photo sharing; A website featuring technology enabling consumers to upload, view, and download digitized photographic images; providing a website featuring technology enabling consumers to upload, view, and download digitized photographic images; Computer services, providing consumers a web site featuring technology that enables consumers to share, bookmark, index, store, collect digitized photographic images, electronic imaging of photographs for photographic products such as calendars and other photographic image products with resources from digitized photographic image form in the nature and field of consumer digitized photographic images; Computer services, providing consumers a web site featuring technology that enables consumers to share, bookmark, index, store, collect digitized photographic images, and collect electronic imaging of photographs to be used on photographic products such as calendars and other photographic image products with resources from digitized photographic image form in the nature and field of consumer digitized photographic images; Select digital photography servicesClass 042 for Computer services, namely, electronic digitizing of photographic images via the Internet; Providing a web site for the electronic storage of digital photographs; Providing a web site featuring technology that enables users to host, share and archive digitized photographic images of consumers; Peer-to- peer photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos for consumer photo sharing; providing a website featuring technology enabling consumers to upload, view, and download digitized photographic images; Computer services, providing consumers a web site featuring technology that enables consumers to share, bookmark, index, store, collect digitized photographic images, and collect electronic imaging of photographs to be used on photographic products such as calendars and other photographic image products with resources from digitized photographic image form in the nature and field of consumer digitized photographic images
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.

In International Class 042, the mark was first used at least as early as 05/25/2017 . and first used in commerce at least as early as 04/05/2018 .

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: BIOGRAPH LLC, DBA BIOGRAPH, a limited liability company legally organized under the laws of United States, having an address of
      
      14622 VENTURA BLVDSTE. 477
      SHERMAN OAKS, California 91403
      United States

Proposed: BIOGRAPH LLC, DBA BIOGRAPH, a limited liability company legally organized under the laws of California, having an address of
      14622 VENTURA BLVD
      STE. 477
      SHERMAN OAKS, California 91403
      United States

Applicant proposes to amend the following:
Current: BIOGRAPH, a limited liability company legally organized under the laws of United States, having an address of
      
      14622STE. 477
      SHE, California 91403
      United States

Proposed: BIOGRAPH, a limited liability company legally organized under the laws of California, having an address of
      14622
      STE. 477
      SHE, California 91403
      United States

Applicant proposes to amend the following:
Current: BIOGRAPH, a limited liability company legally organized under the laws of United States, having an address of
      
      14622STE. 477
      SHERMAN OAKS, California 91403
      United States

Proposed: BIOGRAPH, a limited liability company legally organized under the laws of California, having an address of
      14622
      STE. 477
      SHERMAN OAKS, California 91403
      United States

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Francis John Ciaramella, Esquire of Francis John Ciaramella, PLLC, having an address of
110 Front Street, Suite 300 Jupiter, Florida 33477
United States
frank@fjcpllc.com
5612957325


CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
THOMAS R BOND II
BIOGRAPH COMPANY
14622 VENTURA BLVD.
STE. 477
SHERMAN OAKS
California
US
91403

Proposed:
Francis John Ciaramella, Esquire of Francis John Ciaramella, PLLC, having an address of
110 Front Street, Suite 300 Jupiter, Florida 33477
United States
frank@fjcpllc.com
5612957325



ADDITIONAL STATEMENTS
Miscellaneous Statement
The option to pay for the additional $125.00 in filing fees does not appear


SIGNATURE(S)
Response Signature
Signature: /Francis John Ciaramella/     Date: 03/06/2019
Signatory's Name: Francis John Ciaramella, Esquire
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 5612957325

Response Signature
Signature: /Francis John Ciaramella/     Date: 03/06/2019
Signatory's Name: Francis John Ciaramella, Esquire
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 5612957325

Response Signature
Signature: /Francis John Ciaramella/     Date: 03/06/2019
Signatory's Name: Francis John Ciaramella, Esquire
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 5612957325

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.

Mailing Address:    Francis John Ciaramella, Esquire
   Francis John Ciaramella, PLLC
   110 Front Street, Suite 300
   Jupiter, Florida 33477
        
Serial Number: 88171880
Internet Transmission Date: Wed Mar 06 17:50:27 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20190306175027244
579-88171880-620de6d2e8e5f98129d5b76eb6d
743b255ef620a5926916f23d4271f7e1b074826a
-N/A-N/A-20190306174258640305