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. 88208348 ORANGE(Standard Characters, see http://uspto.report/TM/88208348/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 037 for Maintenance and updating of computer hardware
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Maintenance and updating of computer hardware; customization of computer hardware; consulting in the field of maintenance and repair of telecommunications network hardware, apparatus, and instruments.Class 037 for Maintenance and updating of computer hardware; customization of computer hardware; consulting in the field of maintenance and repair of telecommunications network hardware, apparatus, and instruments.
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Telecommunications and communication services, namely, telephone, electronic message collection and transmission, electronic mail services; electronic transmission and reception of data and of information; electronic message delivery services; on-line information services relating to telecommunications; electronic data interchange services; transfer of data by telecommunication; satellite communication services; video messaging services; video conferencing services; video telephone services; providing user access to the Internet; providing telecommunications connections to the Internet or databases; providing access to digital music websites on the Internet; providing access to MP3 websites on the Internet; telecommunication access services to on-line and wireless providers; computer aided transmission of messages and images; wireless exchange of computer data; leasing and rental of telecommunications equipment; telecommunications consulting services, Mobile telephone services, data services, namely, sending and receiving facsimiles, electronic mail, voice mail, user to user teleprinter exchange services, providing information in the field of telecommunications via a website accessed via a telecommunications network; information and consultation services rendered in conjunction with all of the aforementioned services; Providing access to an electronic on-line network for information retrieval
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Telecommunications and communication services, namely, telephone, electronic message collection and transmission, electronic mail services; electronic transmission and reception of data and of information; electronic message delivery services; on-line information services relating to telecommunications; electronic data interchange services; transfer of data by telecommunication; satellite communication services; video messaging services; video conferencing services; video telephone services; providing user access to the Internet; providing telecommunications connections to the Internet or databases; providing access to digital music websites on the Internet; providing access to MP3 websites on the Internet; telecommunication access services to on-line and wireless providers; computer aided transmission of messages and images; wireless exchange of computer data; leasing and rental of telecommunications equipment; telecommunications consulting services, Mobile telephone services, data services, namely, sending and receiving facsimiles, electronic mail, voice mail, user to user teleprinter exchange services, providing information in the field of telecommunications via a website accessed via a telecommunications network; information and consultation services rendered in conjunction with all of the aforementioned services; Providing access to an electronic on-line network for information retrieval; providing access to an electronic on-line network for information retrieval.Class 038 for Telecommunications and communication services, namely, telephone, electronic message collection and transmission, electronic mail services; electronic transmission and reception of data and of information; electronic message delivery services; on-line information services relating to telecommunications; electronic data interchange services; transfer of data by telecommunication; satellite communication services; video messaging services; video conferencing services; video telephone services; providing user access to the Internet; providing telecommunications connections to the Internet or databases; providing access to digital music websites on the Internet; providing access to MP3 websites on the Internet; telecommunication access services to on-line and wireless providers; computer aided transmission of messages and images; wireless exchange of computer data; leasing and rental of telecommunications equipment; telecommunications consulting services, Mobile telephone services, data services, namely, sending and receiving facsimiles, electronic mail, voice mail, user to user teleprinter exchange services, providing information in the field of telecommunications via a website accessed via a telecommunications network; information and consultation services rendered in conjunction with all of the aforementioned services; providing access to an electronic on-line network for information retrieval.
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 039 for Storage, namely, the collection and physical storage of electronically stored data for subsequent viewing or transmission
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.

Proposed: Class 039 for Storage, namely, the collection and physical storage of electronically stored data for subsequent viewing or transmission
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services, namely, computer hardware development, customization of computer hardware and software and provision of information and advice thereon; maintenance, updating and design of computer firmware, computer software and computer programs; design of computer hardware; computer programming services; providing technology information in the field of computers and computer network facilities; technical advice and consultation services in the field of information technology; technical advice services in the field of telecommunications, namely, providing technical advice regarding the development, maintenance and updating of telecommunication networks; design and development of computer systems and of telecommunications systems and equipment; computer management services, namely, computer project management, software application management, namely, hosting computer software applications for others, managing and maintaining applications, software, websites and databases in the fields of wired and wireless communication, mobile information access and remote data management for wired and wireless delivery of content to computers, hand held computers, laptops and mobile electronic devices, management of local area networks, namely, network system administration for others; operational technical support services for computer networks, telecommunications networks and data transmission networks, namely, troubleshooting of telecommunications and computer systems and networks for others; on-line computer services, namely, design and development of on-line computer software systems, hosting of digital content on the Internet, providing specific information as requested by customers via the Internet; computer programming services for others provided on-line; computer rental; design of websites for others, namely, design, drawing and commissioned writing, all for the compilation of web pages on the Internet; design and development of multi-media computer products; creating, operating and maintaining databases, intranets and websites; hosting the websites of others on a computer server for a global computer network; installation and maintenance of computer software; leasing of access to computer facilities, leasing of access to computers; creating, operating and maintaining websites, web pages and portals for others for logging text, images and music provided via computers and mobile telephones; information and advisory services, namely, providing information at the specific request of end users from a computer database or via the Internet by means of a global computer network; information and advisory services relating to all of the aforesaid services, creating and maintaining web sites; hosting web sites of others; computer programming services for others pertaining to providing access time to a computer database; computer programming services for others; on-line computer programming for others, consultation services rendered on-line or otherwise in conjunction with all the aforementioned services given on-line from a computer database, Database development services; Electronic data storage
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer services, namely, computer hardware development, customization of computer hardware and software and provision of information and advice thereon; Computer services, namely, computer hardware development, customization of computer software and provision of information and advice thereon; maintenance, updating and design of computer firmware, computer software and computer programs; design of computer hardware; computer programming services; providing technology information in the field of computers and computer network facilities; technical advice and consultation services in the field of information technology; computer technology consultancy in the field of information technology; technical advice services in the field of telecommunications, namely, providing technical advice regarding the development, maintenance and updating of telecommunication networks; technical support services in the field of telecommunications, namely, providing technical advice regarding the development, maintenance and updating of telecommunication networks; design and development of computer systems and of telecommunications systems and equipment; computer management services, namely, computer project management, software application management, namely, hosting computer software applications for others, managing and maintaining applications, software, websites and databases in the fields of wired and wireless communication, mobile information access and remote data management for wired and wireless delivery of content to computers, hand held computers, laptops and mobile electronic devices, management of local area networks, namely, network system administration for others; computer management services, namely, computer project management, software application management, namely, hosting computer software applications for others, managing and maintaining applications, software, websites and databases in the fields of wired and wireless communication, mobile information access and remote data management for wired and wireless delivery of content to computers, hand held computers, laptops and mobile electronic devices, management of local area networks, namely, technical support in monitoring network system functions for others; operational technical support services for computer networks, telecommunications networks and data transmission networks, namely, troubleshooting of telecommunications and computer systems and networks for others; on-line computer services, namely, design and development of on-line computer software systems, hosting of digital content on the Internet, providing specific information as requested by customers via the Internet; computer consulting services, namely, design and development of on-line computer software systems, hosting of digital content on the Internet, providing customized computer searching services, namely, searching and retrieving information at the customer's specific request via the Internet or a computer database; computer programming services for others provided on-line; computer rental; design of websites for others, namely, design, drawing and commissioned writing, all for the compilation of web pages on the Internet; design of websites for others, namely, design, drawing and content, all for the compilation of web pages on the Internet; design and development of multi-media computer products; creating, operating and maintaining databases, intranets and websites; database development services, namely, creating, operating and maintaining database systems, , intranets and websites; hosting the websites of others on a computer server for a global computer network; installation and maintenance of computer software; leasing of access to computer facilities, leasing of access to computers; leasing computer facilities and computers website design and development for others, namely, creating, operating and maintaining websites, web pages and portals for others for logging text, images and music provided via computers and mobile telephones; creating, operating and maintaining websites, web pages and portals for others for logging text, images and music provided via computers and mobile telephones; information and advisory services, namely, searching and retrieving information at the specific request of end users from a computer database or via the Internet by means of a global computer network; information and advisory services, namely, providing information at the specific request of end users from a computer database or via the Internet by means of a global computer network; creating and maintaining web sites; information and advisory services relating to all of the aforesaid services, creating and maintaining web sites; hosting web sites of others; computer programming services for others pertaining to providing access time to a computer database; computer programming services for others; on-line computer programming for others, consultation services rendered on-line or otherwise in conjunction with all the aforementioned services given on-line from a computer database; on-line computer programming for others, consultation services rendered on-line or otherwise in conjunction with all the aforementioned services given on-line from a computer database, Database development services; database development services; electronic data storageClass 042 for Computer services, namely, computer hardware development, customization of computer software and provision of information and advice thereon; maintenance, updating and design of computer firmware, computer software and computer programs; design of computer hardware; computer programming services; providing technology information in the field of computers and computer network facilities; computer technology consultancy in the field of information technology; technical support services in the field of telecommunications, namely, providing technical advice regarding the development, maintenance and updating of telecommunication networks; design and development of computer systems and of telecommunications systems and equipment; computer management services, namely, computer project management, software application management, namely, hosting computer software applications for others, managing and maintaining applications, software, websites and databases in the fields of wired and wireless communication, mobile information access and remote data management for wired and wireless delivery of content to computers, hand held computers, laptops and mobile electronic devices, management of local area networks, namely, technical support in monitoring network system functions for others; operational technical support services for computer networks, telecommunications networks and data transmission networks, namely, troubleshooting of telecommunications and computer systems and networks for others; computer consulting services, namely, design and development of on-line computer software systems, hosting of digital content on the Internet, providing customized computer searching services, namely, searching and retrieving information at the customer's specific request via the Internet or a computer database; computer programming services for others provided on-line; computer rental; design of websites for others, namely, design, drawing and content, all for the compilation of web pages on the Internet; design and development of multi-media computer products; database development services, namely, creating, operating and maintaining database systems, , intranets and websites; hosting the websites of others on a computer server for a global computer network; installation and maintenance of computer software; leasing computer facilities and computers website design and development for others, namely, creating, operating and maintaining websites, web pages and portals for others for logging text, images and music provided via computers and mobile telephones; information and advisory services, namely, searching and retrieving information at the specific request of end users from a computer database or via the Internet by means of a global computer network; creating and maintaining web sites; hosting web sites of others; computer programming services for others pertaining to providing access time to a computer database; computer programming services for others; on-line computer programming for others, consultation services rendered on-line or otherwise in conjunction with all the aforementioned services given on-line from a computer database; database development services; electronic data storage
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.
Applicant hereby adds the following class of goods/services to the application:
New: Class 035 for Operation and administration of telecommunication systems and networks for others
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 06/01/2006 and first used in commerce at least as early as 06/01/2006 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 035 . The specimen(s) submitted consists of Advertising material showing the mark and describing the services .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPN0-19220325580-20190719133315090411_._88208348__4__Specimen_ORANGE_Class_35.pdf
Converted PDF file(s) ( 13 pages)
Specimen File1
Specimen File2
Specimen File3
Specimen File4
Specimen File5
Specimen File6
Specimen File7
Specimen File8
Specimen File9
Specimen File10
Specimen File11
Specimen File12
Specimen File13

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: /anna w manville/      Date: 07/19/2019
Signatory's Name: Anna W Manville
Signatory's Position: Attorney of record, DC bar member
Signatory's Phone Number: 202-942-5163


Response Signature
Signature: /anna w manville/     Date: 07/19/2019
Signatory's Name: Anna W Manville
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-942-5163

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.

        
RAM Sale Number: 88208348
RAM Accounting Date: 07/22/2019
        
Serial Number: 88208348
Internet Transmission Date: Fri Jul 19 13:56:46 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201907191356466
46439-88208348-620116d4efe25dacaeab3f9ac
d4a2bd443e6316b30d4450c66262c873da37a8-C
C-169-20190719133315090411