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 |
88226860 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK |
http://uspto.report/TM/88226860/mark.png |
LITERAL ELEMENT |
VISO |
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. |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
(Based on Use in Commerce) On-line business networking services(Based on 44(d) Priority Application) On-line business networking
services |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/05/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/05/2018 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
(Based on Use in Commerce) On-line business networking services(Based on 44(d) Priority Application) On-line business networking
services |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/05/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/05/2018 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU0-204148153110-20190625142801193512_._Class_35_replacement_specimen.networking.messaging_specimen.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\268\88226860\xml4\ROA0002.JPG |
ORIGINAL PDF FILE |
SPU0-7571252116-20190712113429411691_._Class_35_VISO_chat.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\268\88226860\xml4\ROA0003.JPG |
SPECIMEN DESCRIPTION |
screenshots of online communications to network with another business bearing the trademark |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
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 (038)(current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
(Based on Use in Commerce) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning
collaboration, social networking, and introductions(Based on 44(d) Priority Application) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning
collaboration, social networking, and introductions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/05/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/05/2018 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (038)(proposed) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
(Based on Use in Commerce) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning
collaboration, social networking, and introductions(Based on 44(d) Priority Application) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning
collaboration, social networking, and introductions |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 04/05/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 04/05/2018 |
STATEMENT TYPE |
"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 FILE NAME(S) |
JPG FILE(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\268\88226860\xml4\ ROA0004.JPG |
ORIGINAL PDF FILE |
SPU1-204148153110-20190625142801193512_._Class_38_specimen.bulletin_board.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\268\88226860\xml4\ROA0005.JPG |
SPECIMEN DESCRIPTION |
a screenshot of online advertising for the transmission of messages for collaboration and online video messages as posted; a screenshot of
bulletin board posts of video messages |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
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 (041)(current) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
(Based on Use in Commerce) Education services, namely, providing non-downloadable webinars in the field of creating, producing,
editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues
of general public interest; Providing on-line digital publications in the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet,
monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest via the Internet(Based on 44(d)
Priority Application) Education services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing
Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest; Providing on-line digital publications in
the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an
Internet audience, Internet safety and security, and issues of general public interest via the Internet |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/28/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/28/2013 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (041)(proposed) |
INTERNATIONAL CLASS |
041 |
DESCRIPTION |
(Based on Use in Commerce) Education services, namely, providing non-downloadable webinars in the field of creating, producing,
editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues
of general public interest; Providing on-line digital publications in the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet,
monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest via the Internet(Based on 44(d)
Priority Application) Education services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing
Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest; Providing on-line digital publications in
the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an
Internet audience, Internet safety and security, and issues of general public interest via the Internet |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 02/28/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 02/28/2013 |
STATEMENT TYPE |
"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 FILE NAME(S) |
ORIGINAL PDF FILE |
SPU2-204148153110-20190625142801193512_._Class_41_replacement_specimen.online_digital_articles.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\882\268\88226860\xml4\ROA0006.JPG |
SPECIMEN DESCRIPTION |
a screenshot of a catalog of online articles bearing the trademark |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
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 |
(Based on Use in Commerce) Computer security consultancy in the field of Internet content safety and distribution of reports related
thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website featuring technology that
enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to consumers and other registered
users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based software for use in uploading
and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags(Based on 44(d) Priority Application) Computer security consultancy in the field of
Internet content safety and distribution of reports related thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business
purposes; Providing a website featuring technology that enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia
recordings, connect to consumers and other registered users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of
non-downloadable cloud-based software for use in uploading and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/14/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/14/2013 |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
(Based on Use in Commerce) Computer security consultancy in the field of Internet content safety and distribution of reports related
thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website featuring technology that
enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to consumers and other registered
users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based software for use in uploading
and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags(Based on 44(d) Priority Application) Computer security consultancy in the field of
Internet content safety and distribution of reports related thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business
purposes; Providing a website featuring technology that enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia
recordings, connect to consumers and other registered users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of
non-downloadable cloud-based software for use in uploading and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 05/14/2013 |
FIRST USE IN COMMERCE DATE |
At least as early as 05/14/2013 |
STATEMENT TYPE |
"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
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\882\268\88226860\xml4\ ROA0007.JPG |
SPECIMEN DESCRIPTION |
screenshot of software available online for download bearing trademark |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
1935205 |
FOREIGN APPLICATION COUNTRY |
Canada |
FOREIGN FILING DATE |
12/11/2018 |
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 |
DECLARATION SIGNATURE |
/Neel Singh/ |
SIGNATORY'S NAME |
Neel Singh |
SIGNATORY'S POSITION |
Head of Brand & Marketing/Officer |
SIGNATORY'S PHONE NUMBER |
7787725500 |
DATE SIGNED |
07/12/2019 |
RESPONSE SIGNATURE |
/jkeene/ |
SIGNATORY'S NAME |
Judith Keene |
SIGNATORY'S POSITION |
Attorney of Record, Colorado bar member |
SIGNATORY'S PHONE NUMBER |
(720) 684-5375 |
DATE SIGNED |
07/12/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jul 12 18:57:19 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XX.XXX.XXX-2
0190712185719999958-88226
860-620ed3686bc70c0ea38b6
d69f4ed1e1777e94d6f127a31
44bd3d24c9c51bc599c75-N/A
-N/A-20190712113429411691 |
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.
88226860 VISO(Standard Characters, see http://uspto.report/TM/88226860/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 (Based on Use in Commerce) On-line business networking services(Based on 44(d) Priority Application) On-line business networking services
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 04/05/2018 and first used in commerce at least as early as 04/05/2018 , and
is now in use in such commerce.
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[ Canada application number 1935205 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 035 for (Based on Use in Commerce) On-line business networking services(Based on 44(d) Priority Application) On-line business networking services
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 04/05/2018 and first used in commerce at least as early as 04/05/2018 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 035 . The specimen(s) submitted consists of screenshots of online communications to network with another business bearing the trademark
.
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Original PDF file:
SPU0-204148153110-20190625142801193512_._Class_35_replacement_specimen.networking.messaging_specimen.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
Original PDF file:
SPU0-7571252116-20190712113429411691_._Class_35_VISO_chat.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
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 [ Canada application number 1935205 filed 12/11/2018]. 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 038 for (Based on Use in Commerce) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning collaboration, social networking,
and introductions(Based on 44(d) Priority Application) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning collaboration, social networking, and
introductions
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 04/05/2018 and first used in commerce at least as early as 04/05/2018 , and
is now in use in such commerce.
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[ Canada application number 1935205 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 038 for (Based on Use in Commerce) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning collaboration, social networking,
and introductions(Based on 44(d) Priority Application) Providing on-line electronic bulletin boards for transmission of messages among computer users concerning collaboration, social networking, and
introductions
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 04/05/2018 and first used in commerce at least as early as 04/05/2018 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 038 . The specimen(s) submitted consists of a screenshot of online advertising for the transmission of messages for collaboration and
online video messages as posted; a screenshot of bulletin board posts of video messages .
"
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].
JPG file(s):
Specimen File1
Original PDF file:
SPU1-204148153110-20190625142801193512_._Class_38_specimen.bulletin_board.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
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 [ Canada application number 1935205 filed 12/11/2018]. 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 041 for (Based on Use in Commerce) Education services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia
recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest;
Providing on-line digital publications in the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content,
maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest via the Internet(Based on 44(d) Priority Application) Education
services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining
quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest; Providing on-line digital publications in the nature of articles in the
field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet
safety and security, and issues of general public interest via the Internet
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 02/28/2013 and first used in commerce at least as early as 02/28/2013 , and
is now in use in such commerce.
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[ Canada application number 1935205 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 041 for (Based on Use in Commerce) Education services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia
recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest;
Providing on-line digital publications in the nature of articles in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content,
maintaining quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest via the Internet(Based on 44(d) Priority Application) Education
services, namely, providing non-downloadable webinars in the field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining
quality Internet content, growing an Internet audience, Internet safety and security, and issues of general public interest; Providing on-line digital publications in the nature of articles in the
field of creating, producing, editing, and uploading multimedia recordings to the Internet, monetizing Internet content, maintaining quality Internet content, growing an Internet audience, Internet
safety and security, and issues of general public interest via the Internet
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 02/28/2013 and first used in commerce at least as early as 02/28/2013 , and
is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 041 . The specimen(s) submitted consists of a screenshot of a catalog of online articles bearing the trademark .
"
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:
SPU2-204148153110-20190625142801193512_._Class_41_replacement_specimen.online_digital_articles.pdf
Converted PDF file(s) ( 1 page)
Specimen File1
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 [ Canada application number 1935205 filed 12/11/2018]. 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 (Based on Use in Commerce) Computer security consultancy in the field of Internet content safety and distribution of reports related thereto; Computer services, namely,
creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website featuring technology that enables users to to create, gather,
upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to consumers and other registered users and communities, develop an
Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based software for use in uploading and editing multimedia recordings
and providing automated assistance in creating titles, descriptions, and tags(Based on 44(d) Priority Application) Computer security consultancy in the field of Internet content safety and
distribution of reports related thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website
featuring technology that enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to
consumers and other registered users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based
software for use in uploading and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags
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 05/14/2013 and first used in commerce at least as early as 05/14/2013 , and
is now in use in such commerce.
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[ Canada application number 1935205 filed 12/11/2018]. 15 U.S.C.Section 1126(d), as amended.
Proposed: Class 042 for (Based on Use in Commerce) Computer security consultancy in the field of Internet content safety and distribution of reports related thereto; Computer services, namely,
creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website featuring technology that enables users to to create, gather,
upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to consumers and other registered users and communities, develop an
Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based software for use in uploading and editing multimedia recordings
and providing automated assistance in creating titles, descriptions, and tags(Based on 44(d) Priority Application) Computer security consultancy in the field of Internet content safety and
distribution of reports related thereto; Computer services, namely, creating an on-line community for registered users to communicate and network for social and business purposes; Providing a website
featuring technology that enables users to to create, gather, upload, organize, edit, protect, and display multimedia recordings, manage, track, and optimize multimedia recordings, connect to
consumers and other registered users and communities, develop an Internet audience, and analyze and forecast demand, revenue, and interactions; Providing temporary use of non-downloadable cloud-based
software for use in uploading and editing multimedia recordings and providing automated assistance in creating titles, descriptions, and tags
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 05/14/2013 and first used in commerce at least as early as 05/14/2013 , 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 screenshot of software available online for download bearing trademark .
"
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
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 [ Canada application number 1935205 filed 12/11/2018]. 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)
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: /Neel Singh/ Date: 07/12/2019
Signatory's Name: Neel Singh
Signatory's Position: Head of Brand & Marketing/Officer
Signatory's Phone Number: 7787725500
Response Signature
Signature: /jkeene/ Date: 07/12/2019
Signatory's Name: Judith Keene
Signatory's Position: Attorney of Record, Colorado bar member
Signatory's Phone Number: (720) 684-5375
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: 88226860
Internet Transmission Date: Fri Jul 12 18:57:19 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019071218571999
9958-88226860-620ed3686bc70c0ea38b6d69f4
ed1e1777e94d6f127a3144bd3d24c9c51bc599c7
5-N/A-N/A-20190712113429411691