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 |
88232901 |
LAW OFFICE ASSIGNED |
LAW OFFICE 125 |
MARK SECTION |
MARK |
http://uspto.report/TM/88232901/mark.png |
LITERAL ELEMENT |
EDJX |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
ARGUMENT(S) |
Prior-Pending Application Advisory. The Office Action alleges that "[t]he effective filing date of pending U.S. Application Serial No. 88273630
precedes applicant's filing date." Applicant respectfully disagrees. The filing date of pending U.S. Application Serial No. 88273630 is January 23, 2019. The filing date of the present application is
December 18, 2018. Accordingly, Applicant respectfully submits that the filing date of the present application predates the filing date of U.S. Application Serial No. 88273630. Accordingly, Applicant
respectfully submits that refusal of Applicant's mark under Trademark Act Section 2(d) would be improper. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Software-as-a-Service; Infrastructure-as-a-Service; providing a technology platform for distributed computing resources; providing a
technology platform having security for distributed resources including blockchain; providing software for quantifying, metering, and billing Information Technology (IT) infrastructure usage;
consulting services in the field of IT; providing information in the field of IT |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/30/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/30/2018 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Software-as-a-Service; Software-as-a-Service services featuring
software platforms for Information Technology (IT) resource and digital supply chain management; Infrastructure-as-a-Service; Infrastructure-as-a-Service being Software-as-a-Service services featuring software platforms for IT resource and digital supply chain management; providing a technology platform for distributed computing resources; providing a technology web hosting platform for distributing computing
resources; providing a technology platform having security for distributed resources including blockchain; providing a
technology web hosting platform having security for distributing computing resources including blockchain; providing software for quantifying, metering, and
billing Information Technology (IT) infrastructure usage; providing online, non-downloadable software for quantifying, metering, and billing IT infrastructure
usage; consulting services in the field of IT; scientific consulting services in the field of IT; providing information in the field of IT; providing scientific information in the field of IT |
FINAL DESCRIPTION |
Software-as-a-Service services featuring software platforms for Information Technology (IT) resource and digital supply chain
management; Infrastructure-as-a-Service being Software-as-a-Service services featuring software platforms for IT resource and digital supply chain management; providing a technology web hosting
platform for distributing computing resources; providing a technology web hosting platform having security for distributing computing resources including blockchain; providing online,
non-downloadable software for quantifying, metering, and billing IT infrastructure usage; scientific consulting services in the field of IT; providing scientific information in the field of IT |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 11/30/2018 |
FIRST USE IN COMMERCE DATE |
At least as early as 11/30/2018 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Neil M. Barnes/ |
SIGNATORY'S NAME |
Neil M. Barnes |
SIGNATORY'S POSITION |
NC Bar Member, Attorney of Record |
SIGNATORY'S PHONE NUMBER |
9196273488 |
DATE SIGNED |
03/25/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Mar 25 14:17:20 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0190325141720903043-88232
901-620f28fd8bf8538237030
667f91d7146931139a86690ff
a87a40ceb6853e3289-N/A-N/
A-20190325133618394905 |
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.
88232901 EDJX(Standard Characters, see http://uspto.report/TM/88232901/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Prior-Pending Application Advisory. The Office Action alleges that "[t]he effective filing date of pending U.S. Application Serial No. 88273630 precedes applicant's filing date." Applicant
respectfully disagrees. The filing date of pending U.S. Application Serial No. 88273630 is January 23, 2019. The filing date of the present application is December 18, 2018. Accordingly, Applicant
respectfully submits that the filing date of the present application predates the filing date of U.S. Application Serial No. 88273630. Accordingly, Applicant respectfully submits that refusal of
Applicant's mark under Trademark Act Section 2(d) would be improper.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software-as-a-Service; Infrastructure-as-a-Service; providing a technology platform for distributed computing resources; providing a technology platform having security
for distributed resources including blockchain; providing software for quantifying, metering, and billing Information Technology (IT) infrastructure usage; consulting services in the field of IT;
providing information in the field of IT
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 11/30/2018 and first used in commerce at least as early as 11/30/2018 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Software-as-a-Service;
Software-as-a-Service services featuring software platforms for Information
Technology (IT) resource and digital supply chain management;
Infrastructure-as-a-Service;
Infrastructure-as-a-Service
being Software-as-a-Service services featuring software platforms for IT resource and digital supply chain management;
providing a technology platform for
distributed computing resources;
providing a technology web hosting platform for distributing computing resources;
providing a technology platform having security for distributed resources including blockchain;
providing a technology web hosting platform having
security for distributing computing resources including blockchain;
providing software for quantifying, metering, and billing Information Technology (IT)
infrastructure usage;
providing online, non-downloadable software for quantifying, metering, and billing IT infrastructure usage;
consulting services in the field of IT;
scientific consulting services in the field of IT;
providing
information in the field of IT;
providing scientific information in the field of ITClass 042 for Software-as-a-Service services featuring software
platforms for Information Technology (IT) resource and digital supply chain management; Infrastructure-as-a-Service being Software-as-a-Service services featuring software platforms for IT resource
and digital supply chain management; providing a technology web hosting platform for distributing computing resources; providing a technology web hosting platform having security for distributing
computing resources including blockchain; providing online, non-downloadable software for quantifying, metering, and billing IT infrastructure usage; scientific consulting services in the field of
IT; providing scientific information in the field of IT
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 11/30/2018 and first used in commerce at least as early as 11/30/2018 , and
is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Neil M. Barnes/ Date: 03/25/2019
Signatory's Name: Neil M. Barnes
Signatory's Position: NC Bar Member, Attorney of Record
Signatory's Phone Number: 9196273488
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: 88232901
Internet Transmission Date: Mon Mar 25 14:17:20 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019032514172090
3043-88232901-620f28fd8bf8538237030667f9
1d7146931139a86690ffa87a40ceb6853e3289-N
/A-N/A-20190325133618394905