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 |
88178498 |
LAW OFFICE ASSIGNED |
LAW OFFICE 115 |
MARK SECTION |
MARK |
http://uspto.report/TM/88178498/mark.png |
LITERAL ELEMENT |
BRAINWAVE |
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) |
In the office action issued on January 23, 2019, the examining attorney refused registration of Applicant’s mark based on several prior registrations, as well as identifying two
prior pending applications. As stated by the Examiner, the refusal applies to “computer software, providing non-downloadable computer software and provision and
rental of software as a services (SAAS) services.” As part of this response, Applicant has deleted the broad claim to the services identified by the Examiner, relying
on its offerings in connection with artificial intelligence and related technology. Applicant therefore requests that the refusal to register based on the prior
registrations and pending applications be withdrawn.
Apart from deleting the broadest language, Applicant accepted the Examiner’s recommendations for amending its claimed goods and services except for the claim to related to
“application programming interface (API)” where the Examiner asked for Applicant to specify the function beyond providing the field in which the API is used. For
example, Examiner suggested the following language in Class 9:
computer software, for use as an namely, application programming interface (API) software for {specify function of the
software} for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning
Applicant amended its claim to :
computer software, namely, application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning
Applicant respectfully submits that this is an acceptable claim as demonstrated by other recently allowed registrations claiming similar goods/services.
MARK
|
Reg. No.
|
Reg. Date
|
Relevant Goods/Services
|
SOPHIA
|
5,598,632
|
November 6, 2018
|
application service provider featuring application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance,
computing, distributed computing, virtualization and machine learning, but not for use in fields of healthcare, medical practice, genetics and genomics
|
FRIENDING
|
5,618,790
|
November 27, 2018
|
Computer software for use as an application programming interface (API)
|
LAST METER
|
5,728,550
|
April 16, 2019
|
computer software for use as an application programming interface (API)
|
DEEPMIND LAB
|
5,646,166
|
January 8, 2019
|
computer software for use as an application programming interface (API)
|
|
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_64124123162-20190423200453568572_._BRAINWAVE_Evidence.pdf |
CONVERTED PDF FILE(S)
(11 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0007.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0011.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\881\784\88178498\xml5\ROA0012.JPG |
DESCRIPTION OF EVIDENCE FILE |
TESS printouts of referenced registrations |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer Software; Computer software for artificial intelligence (AI) processing; Computer chips for artificial intelligence (AI)
processing; Computers and servers for artificial intelligence (AI) processing; Computer operating system software; Embedded operating software; computer software development tools, for use in the
fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software libraries for use in general purpose
computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning; computer software runtime systems, namely, systems comprised of computer software libraries for use
in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software for use as an application programming interface (API) for use in
the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Computer software, namely, software for implementing a
computer programming language, and computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning; computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications,
graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
computer software runtime systems, namely, systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization
and machine learning; computer software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Computer hardware; integrated circuit modules; integrated circuit cards and components; computer hardware for processing math; Chips; Silicon chips;
Application processors; Central processing units; Software programmable microprocessors; Artificial intelligence apparatus |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2018/12368 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
05/04/2018 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer Software; Computer software for artificial intelligence (AI)
processing; Computer chips for artificial intelligence (AI) processing; Computers and servers for artificial intelligence (AI) processing;
Computer operating system software; computer operating system software that may be embedded in other software; Embedded operating software; computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing,
distributed computing, virtualization and machine learning; computer software for general purpose computation, manipulation of collections of data, data
transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; computer software libraries for use in general purpose computation, manipulation of collections of data, data
transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; computer software runtime systems, namely, computer software systems comprised of computer software for general
purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence,
deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software runtime systems, namely, systems
comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling
and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software, namely, application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; computer software for use as an application programming interface (API) for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Computer software, namely, software for implementing a
computer programming language, and computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning; integrated circuit modules; computer software libraries for use in general purpose
computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning; integrated circuit cards and components; computer software runtime systems, namely, systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization
and machine learning; computer hardware for processing math; computer software for use as an application programming interface
(API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer Chips; Computer hardware; Silicon chips; Application data
processors; Central processing units; Software programmable microprocessors; Chips; Application processors; Artificial intelligence apparatus |
FINAL DESCRIPTION |
Computer software for artificial intelligence (AI) processing; Computer chips for artificial intelligence (AI) processing; Computers
and servers for artificial intelligence (AI) processing; Computer operating system software; computer operating system software that may be embedded in other software; computer software development
tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software for general purpose
computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning; computer software runtime systems, namely, computer software systems comprised of computer software
for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software, namely, application programming interface (API) software for
use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Computer software, namely, software for
implementing a computer programming language, and computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; integrated circuit modules; integrated circuit cards and components; computer hardware for processing math; computer Chips; Silicon chips; Application
data processors; Central processing units; Software programmable microprocessors |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2018/12368 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
05/04/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing non-downloadable computer software; Providing non-downloadable computer software development tools, and computer software
libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling, and testing for use in the
fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Providing non-downloadable computer software and SaaS
services being runtime systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications,
graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
providing non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high performance computing,
distributed computing, virtualization and machine learning; Providing non-downloadable computer software, namely, computer software for implementing a computer programming language, computer software
development tools, and computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display,
modeling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing
non-downloadable computer software, namely, runtime systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization
and machine learning; providing non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high
performance computing, distributed computing, virtualization and machine learning; Provision and rental of Software as a Service (SaaS) services; Provision and rental of Software as a Service (SaaS)
services for real-time, low-latency, AI processing and data analysis, deep learning, high performance computing, distributed computing, virtualization and machine learning; Provision and rental of
Software as a Service (SaaS) services for use with deep learning computational frameworks |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2018/12369 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
05/04/2018 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing non-downloadable computer software; Providing temporary
use of non-downloadable computer software development tools and computer software for general purpose computation, manipulation of collections of data, data transformation, input/output,
communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; Providing non-downloadable computer software development tools, and computer software libraries for use in general purpose computation, manipulation
of collections of data, data transformation, input/output, communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep learning, high performance
computing, distributed computing, virtualization and machine learning; Providing temporary use of non-downloadable computer software and software as a service
(SaaS) services featuring computer software runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output,
communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; Providing non-downloadable computer software and SaaS services being runtime systems comprised of computer software libraries for use in general
purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence,
deep learning, high performance computing, distributed computing, virtualization and machine learning; providing temporary use of non-downloadable application
programming interface (API) computer software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; providing non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial intelligence,
deep learning, high performance computing, distributed computing, virtualization and machine learning; Providing temporary use of non-downloadable computer
software for implementing a computer programming language, computer software development tools, and computer software for general purpose computation, manipulation of collections of data, data
transformation, input/output, communications, graphics display, modeling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Providing non-downloadable computer software, namely, computer software for implementing a computer
programming language, computer software development tools, and computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning; providing temporary use of non-downloadable computer software runtime systems comprised of computer software for general
purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence,
deep learning, high performance computing, distributed computing, virtualization and machine learning; providing non-downloadable computer software, namely,
runtime systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics
display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Software as a Service (SaaS) services featuring software for real-time, low-latency, AI processing and data analysis, deep learning, high performance computing,
distributed computing, virtualization and machine learning; providing non-downloadable computer software for use as an application programming interface (API)
for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Software as a Service (SaaS) services featuring software for interfacing with deep learning computational frameworks; Provision and rental of
Software as a Service (SaaS) services; Provision and rental of Software as a Service (SaaS) services for real-time, low-latency, AI processing and data
analysis, deep learning, high performance computing, distributed computing, virtualization and machine learning; Provision and rental of Software as a Service
(SaaS) services for use with deep learning computational frameworks |
FINAL DESCRIPTION |
Providing temporary use of non-downloadable computer software development tools and computer software for general purpose computation,
manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep learning, high
performance computing, distributed computing, virtualization and machine learning; Providing temporary use of non-downloadable computer software and software as a service (SaaS) services featuring
computer software runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics
display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing
temporary use of non-downloadable application programming interface (API) computer software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Providing temporary use of non-downloadable computer software for implementing a computer programming language, computer software development tools,
and computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling, and testing for use in the
fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing temporary use of non-downloadable computer software
runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and
testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Software as a Service (SaaS) services
featuring software for real-time, low-latency, AI processing and data analysis, deep learning, high performance computing, distributed computing, virtualization and machine learning; Software as a
Service (SaaS) services featuring software for interfacing with deep learning computational frameworks |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2018/12369 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
05/04/2018 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/MEM/ |
SIGNATORY'S NAME |
Matthew E. Moersfelder |
SIGNATORY'S POSITION |
Applicant's Attorney, WA Bar Member |
SIGNATORY'S PHONE NUMBER |
206-757-8014 |
DATE SIGNED |
04/23/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Apr 23 20:09:21 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190423200921306600-8817
8498-6204f773aeda712e652b
2a1bfbb35c3e7f8fb4945a225
ec891506379f12075441-N/A-
N/A-20190423200453568572 |
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.
88178498 BRAINWAVE(Standard Characters, see http://uspto.report/TM/88178498/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the office action issued on January 23, 2019, the examining attorney refused registration of Applicant’s mark based on several prior registrations, as well as identifying two
prior pending applications. As stated by the Examiner, the refusal applies to “computer software, providing non-downloadable computer software and provision and
rental of software as a services (SAAS) services.” As part of this response, Applicant has deleted the broad claim to the services identified by the Examiner, relying
on its offerings in connection with artificial intelligence and related technology. Applicant therefore requests that the refusal to register based on the prior
registrations and pending applications be withdrawn.
Apart from deleting the broadest language, Applicant accepted the Examiner’s recommendations for amending its claimed goods and services except for the claim to related to
“application programming interface (API)” where the Examiner asked for Applicant to specify the function beyond providing the field in which the API is used. For
example, Examiner suggested the following language in Class 9:
computer software, for use as an namely, application programming interface (API) software for {specify function of the
software} for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning
Applicant amended its claim to :
computer software, namely, application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning
Applicant respectfully submits that this is an acceptable claim as demonstrated by other recently allowed registrations claiming similar goods/services.
MARK
|
Reg. No.
|
Reg. Date
|
Relevant Goods/Services
|
SOPHIA
|
5,598,632
|
November 6, 2018
|
application service provider featuring application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance,
computing, distributed computing, virtualization and machine learning, but not for use in fields of healthcare, medical practice, genetics and genomics
|
FRIENDING
|
5,618,790
|
November 27, 2018
|
Computer software for use as an application programming interface (API)
|
LAST METER
|
5,728,550
|
April 16, 2019
|
computer software for use as an application programming interface (API)
|
DEEPMIND LAB
|
5,646,166
|
January 8, 2019
|
computer software for use as an application programming interface (API)
|
EVIDENCE
Evidence in the nature of TESS printouts of referenced registrations has been attached.
Original PDF file:
evi_64124123162-20190423200453568572_._BRAINWAVE_Evidence.pdf
Converted PDF file(s) ( 11 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
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; Computer software for artificial intelligence (AI) processing; Computer chips for artificial intelligence (AI) processing; Computers and servers for
artificial intelligence (AI) processing; Computer operating system software; Embedded operating software; computer software development tools, for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning; computer software libraries for use in general purpose computation, manipulation of collections of
data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing,
distributed computing, virtualization and machine learning; computer software runtime systems, namely, systems comprised of computer software libraries for use in general purpose computation,
manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high
performance computing, distributed computing, virtualization and machine learning; computer software for use as an application programming interface (API) for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Computer software, namely, software for implementing a computer programming
language, and computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and
testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer software runtime systems,
namely, systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics
display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer
software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and
machine learning; Computer hardware; integrated circuit modules; integrated circuit cards and components; computer hardware for processing math; Chips; Silicon chips; Application processors; Central
processing units; Software programmable microprocessors; Artificial intelligence apparatus
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ South Africa application number 2018/12368 filed 05/04/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Computer Software;
Computer software for artificial intelligence (AI) processing;
Computer chips for artificial intelligence (AI) processing;
Computers and servers for artificial intelligence (AI) processing;
Computer
operating system software;
computer operating system software that may be embedded in other software;
Embedded
operating software;
computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning;
computer software for general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning;
computer software libraries for use in general purpose computation, manipulation of collections of data, data
transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning;
computer software runtime systems, namely, computer software systems comprised of computer software for general
purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence,
deep learning, high performance computing, distributed computing, virtualization and machine learning;
computer software runtime systems, namely, systems
comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling
and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
computer software, namely, application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning;
computer software for use as an application programming interface (API) for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Computer software, namely, software for implementing a
computer programming language, and computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning;
integrated circuit modules;
computer software libraries for use in general purpose
computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning;
integrated circuit cards and components;
computer software runtime systems, namely, systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization
and machine learning;
computer hardware for processing math;
computer software for use as an application programming interface
(API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
computer Chips;
Computer hardware;
Silicon chips;
Application data
processors;
Central processing units;
Software programmable microprocessors;
Chips;
Application processors;
Artificial intelligence apparatusClass 009 for Computer software for artificial intelligence (AI)
processing; Computer chips for artificial intelligence (AI) processing; Computers and servers for artificial intelligence (AI) processing; Computer operating system software; computer operating
system software that may be embedded in other software; computer software development tools, for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics
display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; computer
software runtime systems, namely, computer software systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output,
communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; computer software, namely, application programming interface (API) software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Computer software, namely, software for implementing a computer programming language, and computer software development tools, for use in the fields of
artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; integrated circuit modules; integrated circuit cards and components;
computer hardware for processing math; computer Chips; Silicon chips; Application data processors; Central processing units; Software programmable microprocessors
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ South Africa application number 2018/12368 filed 05/04/2018]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing non-downloadable computer software; Providing non-downloadable computer software development tools, and computer software libraries for use in general purpose
computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep
learning, high performance computing, distributed computing, virtualization and machine learning; Providing non-downloadable computer software and SaaS services being runtime systems comprised of
computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for
use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing non-downloadable computer software for
use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine
learning; Providing non-downloadable computer software, namely, computer software for implementing a computer programming language, computer software development tools, and computer software
libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling, and testing for use in the fields
of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing non-downloadable computer software, namely, runtime
systems comprised of computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display,
modeling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing
non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Provision and rental of Software as a Service (SaaS) services; Provision and rental of Software as a Service (SaaS) services for real-time,
low-latency, AI processing and data analysis, deep learning, high performance computing, distributed computing, virtualization and machine learning; Provision and rental of Software as a Service
(SaaS) services for use with deep learning computational frameworks
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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, 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 or services that meet the certification standards of the applicant, and the
applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ South Africa application number 2018/12369 filed 05/04/2018]. 15 U.S.C.Section 1126(d), as
amended.
Proposed:
Tracked Text Description: Providing non-downloadable computer software;
Providing temporary use of non-downloadable
computer software development tools and computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display,
modelling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Providing non-downloadable computer software development tools, and computer software libraries for use in general purpose computation, manipulation of collections of data,
data transformation, input/output, communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning;
Providing temporary use of non-downloadable computer software and software as a service (SaaS) services
featuring computer software runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications,
graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Providing non-downloadable computer software and SaaS services being runtime systems comprised of computer software libraries for use in general purpose computation,
manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling and testing for use in the fields of artificial intelligence, deep learning, high
performance computing, distributed computing, virtualization and machine learning;
providing temporary use of non-downloadable application programming
interface (API) computer software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
providing non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial intelligence, deep learning,
high performance computing, distributed computing, virtualization and machine learning;
Providing temporary use of non-downloadable computer software for
implementing a computer programming language, computer software development tools, and computer software for general purpose computation, manipulation of collections of data, data transformation,
input/output, communications, graphics display, modeling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing,
virtualization and machine learning;
Providing non-downloadable computer software, namely, computer software for implementing a computer programming language,
computer software development tools, and computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications,
graphics display, modeling, and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
providing temporary use of non-downloadable computer software runtime systems comprised of computer software for general purpose computation, manipulation of
collections of data, data transformation, input/output, communications, graphics display, modeling and testing for use in the fields of artificial intelligence, deep learning, high performance
computing, distributed computing, virtualization and machine learning;
providing non-downloadable computer software, namely, runtime systems comprised of
computer software libraries for use in general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and testing for
use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Software
as a Service (SaaS) services featuring software for real-time, low-latency, AI processing and data analysis, deep learning, high performance computing, distributed computing, virtualization and
machine learning;
providing non-downloadable computer software for use as an application programming interface (API) for use in the fields of artificial
intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning;
Software as a Service (SaaS) services
featuring software for interfacing with deep learning computational frameworks;
Provision and rental of Software as a Service (SaaS) services;
Provision and rental of Software as a Service (SaaS) services for real-time, low-latency, AI processing and data analysis, deep learning, high performance
computing, distributed computing, virtualization and machine learning;
Provision and rental of Software as a Service (SaaS) services for use with deep
learning computational frameworksClass 042 for Providing temporary use of non-downloadable computer software development tools and computer software for general purpose computation,
manipulation of collections of data, data transformation, input/output, communications, graphics display, modelling, and testing for use in the fields of artificial intelligence, deep learning, high
performance computing, distributed computing, virtualization and machine learning; Providing temporary use of non-downloadable computer software and software as a service (SaaS) services featuring
computer software runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics
display, modelling and testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing
temporary use of non-downloadable application programming interface (API) computer software for use in the fields of artificial intelligence, deep learning, high performance computing, distributed
computing, virtualization and machine learning; Providing temporary use of non-downloadable computer software for implementing a computer programming language, computer software development tools,
and computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling, and testing for use in the
fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; providing temporary use of non-downloadable computer software
runtime systems comprised of computer software for general purpose computation, manipulation of collections of data, data transformation, input/output, communications, graphics display, modeling and
testing for use in the fields of artificial intelligence, deep learning, high performance computing, distributed computing, virtualization and machine learning; Software as a Service (SaaS) services
featuring software for real-time, low-latency, AI processing and data analysis, deep learning, high performance computing, distributed computing, virtualization and machine learning; Software as a
Service (SaaS) services featuring software for interfacing with deep learning computational frameworks
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
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, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ South Africa application number 2018/12369 filed 05/04/2018]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
SIGNATURE(S)
Response Signature
Signature: /MEM/ Date: 04/23/2019
Signatory's Name: Matthew E. Moersfelder
Signatory's Position: Applicant's Attorney, WA Bar Member
Signatory's Phone Number: 206-757-8014
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: 88178498
Internet Transmission Date: Tue Apr 23 20:09:21 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201904232009213
06600-88178498-6204f773aeda712e652b2a1bf
bb35c3e7f8fb4945a225ec891506379f12075441
-N/A-N/A-20190423200453568572