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. 88203941 SCORECARD (Stylized and/or with Design, see http://uspto.report/TM/88203941/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 035 for Analysis and rating of quality metric data for networks for business purposes; providing network operators with information about and an understanding of what quality their network is capable of delivering; providing rating information that allows network operators to analyze network actions and prioritize changes; tool for marketing network capability to customers
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/08/2015 and first used in commerce at least as early as 12/31/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Analysis and rating of quality metric data for networks for business purposes; providing network operators with information about and an understanding of what quality their network is capable of delivering; providing information for business purposes related to the collection and analysis of quality metric data for network operators about and an understanding of what quality their network is capable of delivering; providing rating information that allows network operators to analyze network actions and prioritize changes; providing rating information that allows network operators to analyze network actions and prioritize changes.; tool for marketing network capability to customersClass 035 for Analysis and rating of quality metric data for networks for business purposes; providing information for business purposes related to the collection and analysis of quality metric data for network operators about and an understanding of what quality their network is capable of delivering; providing rating information that allows network operators to analyze network actions and prioritize changes.
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/08/2015 and first used in commerce at least as early as 12/31/2015 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 042 for Providing a tool, namely a software as a service (SAAS) services featuring software for use in measuring and analyzing the quality of networks and in marketing network capability to customers.
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, 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 application filing date. 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. The mark was first used at least as early as 06/08/2015 and first used in commerce at least as early as 12/31/2015 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 042 . The specimen(s) submitted consists of The submitted specimen consists of two data sheets reflecting that the product is a software as a service (SAAS) services featuring software for use in measuring and analyzing the quality of networks and in marketing network capability to customers. .
"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:
SPN0-1-1244220226-20190823162733506572_._sandvine-ani-datasheet.pdf
Converted PDF file(s) ( 4 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Original PDF file:
SPN0-1-1244220226-20190823162733506572_._sandvine-ds-scorecard.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

The applicant's current attorney information: Michelle Browning Coughlin. Michelle Browning Coughlin of WYATT TARRANT & COMBS LLP, is located at

      2800 W. JEFFERSON ST., SUITE 2800
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is 614480.

The phone number is 502-562-7561.

The fax number is 502-589-0309.

The email address is mcoughlin@wyattfirm.com

The applicants proposed attorney information: Michelle Browning Coughlin. Michelle Browning Coughlin of WYATT TARRANT & COMBS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      2800 W. JEFFERSON ST., SUITE 2800
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is 614480.

The phone number is 502-562-7561.

The fax number is 502-589-0309.

The email address is mcoughlin@wyattfirm.com

Michelle Browning Coughlin submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: MICHELLE BROWNING COUGHLIN. MICHELLE BROWNING COUGHLIN of WYATT TARRANT & COMBS LLP, is located at

      2800 W. JEFFERSON ST., SUITE 2800
      LOUISVILLE, Kentucky 40202
      US
The docket/reference number is 614480.

The phone number is 502-562-7561.

The fax number is 502-589-0309.

The email address is mcoughlin@wyattfirm.com; dlaney@wyattfirm.com

The applicants proposed correspondence information: Michelle Browning Coughlin. Michelle Browning Coughlin of WYATT TARRANT & COMBS LLP, is located at

      2800 W. JEFFERSON ST., SUITE 2800
      LOUISVILLE, Kentucky 40202
      United States
The docket/reference number is 614480.

The phone number is 502-562-7561.

The fax number is 502-589-0309.

The email address is mcoughlin@wyattfirm.com; dlaney@wyattfirm.com; trademarks@wyattfirm.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use SCORECARD apart from the mark as shown.


FEE(S)
Fee(s) in the amount of $275 is being submitted.

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: /MBC/      Date: 09/03/2019
Signatory's Name: Michelle Browning Coughlin
Signatory's Position: Attorney of Record, Ky Bar Member
Signatory's Phone Number: 5025627561


Response Signature
Signature: /MBC/     Date: 09/03/2019
Signatory's Name: Michelle Browning Coughlin
Signatory's Position: Attorney of Record, Ky Bar Member

Signatory's Phone Number: 5025627561

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:    MICHELLE BROWNING COUGHLIN
   WYATT TARRANT & COMBS LLP
   
   2800 W. JEFFERSON ST., SUITE 2800
   LOUISVILLE, Kentucky 40202
Mailing Address:    Michelle Browning Coughlin
   WYATT TARRANT & COMBS LLP
   2800 W. JEFFERSON ST., SUITE 2800
   LOUISVILLE, Kentucky 40202
        
RAM Sale Number: 88203941
RAM Accounting Date: 09/03/2019
        
Serial Number: 88203941
Internet Transmission Date: Tue Sep 03 13:07:46 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019090313074644
8648-88203941-61042fabd42f5d03be3df6ce66
3e223f68b85a4e43c261ea1f1821ac49eb1cb6-D
A-07463649-20190903130619936527