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. 88176758 CUSTOMER FEED(Standard Characters, see http://uspto.report/TM/88176758/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 038 for Communication services, namely, providing electronic messaging services and electronic transmission of text, data, graphics, images, documents and multimedia, including via mobile handheld devices and via wired and wireless communication devices
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 07/31/2017 and first used in commerce at least as early as 07/31/2017 , and is now in use in such commerce.

Proposed: Class 038 for Communication services, namely, providing electronic messaging services and electronic transmission of text, data, graphics, images, documents and multimedia, including via mobile handheld devices and via wired and wireless communication devices
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 07/31/2017 and first used in commerce at least as early as 07/31/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of screen shot from Applicant's web site showing the mark in association with the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-44911274-20190812154551039834_._Substitute_Specimen.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing temporary use of non-downloadable computer software for connecting businesses and customers, namely, software for businesses to design, configure, and automate personalized customer experiences by delivering actionable mobile messages or other electronic communications; providing temporary use of non-downloadable software for businesses and customers to engage with each other via electronic messaging and transmission of text, data, graphics, images, documents and multimedia; providing temporary use of non-downloadable software for businesses to view, analyze and import customer engagement data; providing temporary use of non-downloadable computer software for connecting businesses and customers, namely, software designed to enable businesses and their customers to communicate electronically by accessing a network of customer data
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 07/31/2017 and first used in commerce at least as early as 07/31/2017 , and is now in use in such commerce.

Proposed: Class 042 for Providing temporary use of non-downloadable computer software for connecting businesses and customers, namely, software for businesses to design, configure, and automate personalized customer experiences by delivering actionable mobile messages or other electronic communications; providing temporary use of non-downloadable software for businesses and customers to engage with each other via electronic messaging and transmission of text, data, graphics, images, documents and multimedia; providing temporary use of non-downloadable software for businesses to view, analyze and import customer engagement data; providing temporary use of non-downloadable computer software for connecting businesses and customers, namely, software designed to enable businesses and their customers to communicate electronically by accessing a network of customer data
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 07/31/2017 and first used in commerce at least as early as 07/31/2017 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of screen shot from Applicant's web site showing the mark in association with the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU1-44911274-20190812154551039834_._Substitute_Specimen.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4

The applicant's current attorney information: Cathleen E. Stadecker. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      US
The docket/reference number is 13357017UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

The applicants proposed attorney information: Cathleen E. Stadecker. Other appointed attorneys are Lawrence H. Meier, Peter Kunin, William J. Morris III. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
The docket/reference number is 13357017UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

Cathleen E. Stadecker submitted the following statement: I attest that I am an attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory).
The applicant's current correspondence information: CATHLEEN E. STADECKER. CATHLEEN E. STADECKER of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      US
The docket/reference number is 13357017UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

The applicants proposed correspondence information: Cathleen E. Stadecker. Cathleen E. Stadecker of DOWNS RACHLIN MARTIN PLLC, is located at

      199 MAIN STREET, PO BOX 190
      BURLINGTON, Vermont 05402-0190
      United States
The docket/reference number is 13357017UST1.

The phone number is 802-863-2375.

The fax number is 802-862-7512.

The email address is tmip@drm.com

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register').


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /cathleen e stadecker/      Date: 08/12/2019
Signatory's Name: Cathleen E. Stadecker
Signatory's Position: Attorney of record, VT and CA bar member
Signatory's Phone Number: 802-863-2375


Response Signature
Signature: /cathleen e stadecker/     Date: 08/12/2019
Signatory's Name: Cathleen E Stadecker
Signatory's Position: Attorney of record, CA and VT bar member

Signatory's Phone Number: 802-846-8618

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); 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.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    CATHLEEN E. STADECKER
   DOWNS RACHLIN MARTIN PLLC
   
   199 MAIN STREET, PO BOX 190
   BURLINGTON, Vermont 05402-0190
Mailing Address:    Cathleen E. Stadecker
   DOWNS RACHLIN MARTIN PLLC
   199 MAIN STREET, PO BOX 190
   BURLINGTON, Vermont 05402-0190
        
Serial Number: 88176758
Internet Transmission Date: Mon Aug 12 16:52:25 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.XX-201908121652255075
60-88176758-6101d276c8d536b62414157ac150
74623ec2ba75d3125f52a7fa66af13751f5a-N/A
-N/A-20190812154551039834