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. 88202181 VCITA(Standard Characters, see http://uspto.report/TM/88202181/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 009 for Computer software for use in customer relationship management (CRM); Computer software for use in customer relationship management (CRM), namely, sending automated notifications and for securely uploading and sharing files; Computer software platforms for customer relationship management (CRM); Computer software for use in small business email and SMS marketing campaigns and for marketing automation; Computer software for use in customer relationship management (CRM), namely, small business billing, invoicing, online payment and payment management, issue estimates, invoices and receipts, track payment status, send automated payment reminders, collect credit card payments and create coupons; Downloadable mobile applications for small business managing clients and customers; Computer software for scheduling meetings; Online scheduling software; Mobile applications for scheduling meetings; Software for client portals for small business managing clients and customers; Software for automated client portals for small business managing clients and customers; Software for small business managing clients and customers, namely, for creating, editing, sharing and assigning tasks, managing projects and managing teams; Software for communicating between users for small business managing clients and customers, and for distribution of email and SMS notifications; Software for exchanging computer files for small business managing clients and customers
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 07/30/2011 and first used in commerce at least as early as 07/30/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer software for use in customer relationship management (CRM); Computer software for use in managing, tracking and providing customer relationship management (CRM); Computer software for use in customer relationship management (CRM), namely, sending automated notifications and for securely uploading and sharing files; Computer software for use in managing, tracking and providing customer relationship management (CRM), namely sending automated notifications and for securely uploading and sharing files; Computer software platforms for customer relationship management (CRM); Computer software platforms for managing, tracking and providing customer relationship management (CRM); Computer software for use in small business email and SMS marketing campaigns and for marketing automation; Computer software for managing, tracking and providing small business email and SMS marketing campaigns and for marketing automation; Computer software for use in customer relationship management (CRM), namely, small business billing, invoicing, online payment and payment management, issue estimates, invoices and receipts, track payment status, send automated payment reminders, collect credit card payments and create coupons; Computer software for managing, tracking and providing customer relationship management (CRM), namely, small business billing, invoicing, online payment and payment management, issue estimates, invoices and receipts, track payment status, send automated payment reminders, collect credit card payments and create coupons; Downloadable mobile applications for small business managing clients and customers; Downloadable mobile applications for small business management of clients and customers; Computer software for scheduling meetings; Online scheduling software; Mobile applications for scheduling meetings; Software for managing, tracking and providing client portals for small business managing clients and customers; Software for client portals for small business managing clients and customers; Software for managing, tracking and providing automated client portals for small business managing clients and customers; Software for automated client portals for small business managing clients and customers; Software for small business managing clients and customers, namely, software for creating, editing, sharing and assigning tasks, managing projects and managing teams; Software for small business managing clients and customers, namely, for creating, editing, sharing and assigning tasks, managing projects and managing teams; Software for communicating between users for small business managing clients and customers, and for distribution of email and SMS notifications; Software for exchanging computer files for small business managing clients and customers.; Software for exchanging computer files for small business managing clients and customersClass 009 for Computer software for use in managing, tracking and providing customer relationship management (CRM); Computer software for use in managing, tracking and providing customer relationship management (CRM), namely sending automated notifications and for securely uploading and sharing files; Computer software platforms for managing, tracking and providing customer relationship management (CRM); Computer software for managing, tracking and providing small business email and SMS marketing campaigns and for marketing automation; Computer software for managing, tracking and providing customer relationship management (CRM), namely, small business billing, invoicing, online payment and payment management, issue estimates, invoices and receipts, track payment status, send automated payment reminders, collect credit card payments and create coupons; Downloadable mobile applications for small business management of clients and customers; Computer software for scheduling meetings; Mobile applications for scheduling meetings; Software for managing, tracking and providing client portals for small business managing clients and customers; Software for managing, tracking and providing automated client portals for small business managing clients and customers; Software for small business managing clients and customers, namely, software for creating, editing, sharing and assigning tasks, managing projects and managing teams; Software for communicating between users for small business managing clients and customers, and for distribution of email and SMS notifications; Software for exchanging computer files for small business managing clients and customers.
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 07/30/2011 and first used in commerce at least as early as 07/30/2011 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of Applicant's software page showing the mark .
"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]. Specimen File1
Specimen File2

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes; Providing on-line, Internet-based software application for use in small business email, SMS marketing campaigns and marketing automation, and small business billing, used by small business owners; Computer services, namely, hosting on-line interactive business calendars; Computer services, namely, hosting on-line interactive calendars that allow users scheduling abilities, ability to monitor scheduling, tasks, status of tasks and payments and tracking clients' payment status; Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes and enabling customers securely upload and share files; Software as a service (SAAS) services featuring software for on-line client portals; Software as a service (SAAS) services featuring software for automated on-line client portals; Document management and client portal services, namely, providing temporary use of on-line software for managing documents, sharing of documents with third parties, processing payments, uploading, downloading and exchanging documents including tax documents, tax practice management and document workflow management
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 07/30/2011 and first used in commerce at least as early as 07/30/2011 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes; Providing on-line, Internet-based software application for use in small business email, SMS marketing campaigns and marketing automation, and small business billing, used by small business owners; Computer services, namely, hosting on-line interactive business calendars; Computer services, namely, hosting on-line interactive calendars that allow users scheduling abilities, ability to monitor scheduling, tasks, status of tasks and payments and tracking clients' payment status; Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes and enabling customers securely upload and share files; Software as a service (SAAS) services featuring software for on-line client portals; Software as a service (SAAS) services featuring software for automated on-line client portals; Software as a service (SAAS) services featuring software for automated on- line client portals; Document management and client portal services, namely, providing temporary use of on-line software for managing documents, sharing of documents with third parties, processing payments, uploading, downloading and exchanging documents including tax documents, tax practice management and document workflow management; Providing online, temporary use of non-downloadable scheduling softwareClass 042 for Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes; Providing on-line, Internet-based software application for use in small business email, SMS marketing campaigns and marketing automation, and small business billing, used by small business owners; Computer services, namely, hosting on-line interactive business calendars; Computer services, namely, hosting on-line interactive calendars that allow users scheduling abilities, ability to monitor scheduling, tasks, status of tasks and payments and tracking clients' payment status; Platform as a service (PAAS) featuring computer software platforms for business management purposes and customer relationship management (CRM) purposes and enabling customers securely upload and share files; Software as a service (SAAS) services featuring software for on-line client portals; Software as a service (SAAS) services featuring software for automated on- line client portals; Document management and client portal services, namely, providing temporary use of on-line software for managing documents, sharing of documents with third parties, processing payments, uploading, downloading and exchanging documents including tax documents, tax practice management and document workflow management; Providing online, temporary use of non-downloadable scheduling software
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 07/30/2011 and first used in commerce at least as early as 07/30/2011 , 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 Applicant's online CRM web page describing the services as well a screenshot of the dashboard .
"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]. Specimen File1
Specimen File2

The applicant's current attorney information: Yael Rouach Cabilly. Yael Rouach Cabilly of CABILLY & CO., is located at

      P.O. BOX 12352
      6 MASKIT STREET
      HERZLIA, 4673300
      IL
The docket/reference number is CVT-T-101-US.

The email address is yael@e-cabilly.com

The applicants proposed attorney information: Yael Rouach Cabilly. Yael Rouach Cabilly of Cabilly & Co., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      c/o Cabilly
      101 West 67 Street
      New York, New York 10023
      United States
The docket/reference number is CVT-T-101-US.

The email address is yael@e-cabilly.com

Yael Rouach Cabilly 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: YAEL ROUACH CABILLY. YAEL ROUACH CABILLY of CABILLY & CO., is located at

      P.O. BOX 12352
      6 MASKIT STREET
      HERZLIA, 4673300
      IL
The docket/reference number is CVT-T-101-US.

The email address is yael@e-cabilly.com; info@e-cabilly.com

The applicants proposed correspondence information: Yael Rouach Cabilly. Yael Rouach Cabilly of Cabilly & Co., is located at

      P.O. Box 12352
      6 Maskit Street
      Herzliya, 4673300
      Israel
The docket/reference number is CVT-T-101-US.

The email address is yael@e-cabilly.com; info@e-cabilly.com

ADDITIONAL STATEMENTS
Translation
The English translation of "CITA" in the mark is "APPOINTMENT".


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: /YRC/      Date: 08/11/2019
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY Bar Member

Response Signature
Signature: /YRC/     Date: 08/11/2019
Signatory's Name: Yael Rouach Cabilly
Signatory's Position: Attorney of Record, NY Bar Member

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:    YAEL ROUACH CABILLY
   CABILLY & CO.
   P.O. BOX 12352
   6 MASKIT STREET
   HERZLIA, 4673300
Mailing Address:    Yael Rouach Cabilly
   Cabilly & Co.
   P.O. Box 12352
   6 Maskit Street
   Herzliya, 4673300
        
Serial Number: 88202181
Internet Transmission Date: Sun Aug 11 08:33:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2019081108332061999
5-88202181-610cc0167f1a4953814873d487d38
d5c1a4abd3f62a36518671dcf34bc8947c8-N/A-
N/A-20190811082438201799