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 |
88248117 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK |
mark |
LITERAL ELEMENT |
SOUL |
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. |
OWNER SECTION (current) |
NAME |
ROLI Ltd. |
MAILING ADDRESS |
2 Glebe Road |
CITY |
London |
ZIP/POSTAL CODE |
E84BD |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United Kingdom |
OWNER SECTION (proposed) |
NAME |
ROLI Ltd. |
MAILING ADDRESS |
2 Glebe Road |
CITY |
London |
ZIP/POSTAL CODE |
E84BD |
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
United Kingdom |
EMAIL |
XXXX |
GOODS AND/OR SERVICES SECTION (009) (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer software for processing audio; computer programs for processing audio; computer application software for processing audio;
computer software platforms for processing audio; computer software development tools for computer programmers; electronic publications concerning computer programs for processing audio, computer
software and computer programming language for processing audio; source codes for processing audio; open source computer source codes for processing audio; computer hardware; computer firmware;
firmware memory devices; device drivers; software drivers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017986693 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/16/2018 |
GOODS AND/OR SERVICES SECTION (009) (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer software for processing audio; downloadable computer
software for processing audio; computer programs for processing audio; downloadable computer programs for processing
audio; computer application software for processing audio; downloadable computer application software for processing
audio; computer software platforms for processing audio; downloadable computer software platforms for processing
audio; computer software development tools for computer programmers; downloadable computer software development tools for
computer programmers; electronic publications concerning computer programs for processing audio, computer software and computer programming language for
processing audio; electronic publications concerning computer programs for processing audio, downloadable computer software and computer programming language
for processing audio; source codes for processing audio; open source computer source codes for processing audio; computer hardware; computer firmware; firmware memory devices; device drivers; software drivers |
FINAL DESCRIPTION |
downloadable computer software for processing audio; downloadable computer programs for processing audio; downloadable computer
application software for processing audio; downloadable computer software platforms for processing audio; downloadable computer software development tools for computer programmers; electronic
publications concerning computer programs for processing audio, downloadable computer software and computer programming language for processing audio; source codes for processing audio; open source
computer source codes for processing audio; computer hardware; computer firmware; firmware memory devices; device drivers; software drivers |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017986693 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/16/2018 |
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) (no change) |
GOODS AND/OR SERVICES SECTION (042) (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Computer programming for processing audio, design and development of computer software and computer programs for processing audio;
design and development of computer codes for processing audio; design and development of computer firmware and firmware systems; provision of information regarding computer programs, computer
software and computer programming language for processing audio, computer firmware; support services for computer programming; web programming software and web programming support services, cloud
computing and storage services; computer consulting services; expert consulting services within the information and communication technology sectors; application services provider services; platform
as a service (PaaS); computer code conversion for others; installation of firmware; configuration of computer firmware; configuration of computer hardware |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017986693 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/16/2018 |
GOODS AND/OR SERVICES SECTION (042) (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Computer programming for processing audio, design and development of computer software and computer
programs for processing audio; Providing online non-downloadable computer programming for processing audio, design and development of computer software and
computer programs for processing audio; design and development of computer codes for processing audio; design and development of computer firmware
and firmware systems; provision of information regarding computer programs, computer software and computer programming language for processing audio, computer
firmware; support services for computer programming; web programming software and web programming support services, cloud computing
and storage services; providing online non-downloadable web programming software and web programming support services, cloud computing and storage
services; computer consulting services; expert consulting services within the information and communication technology sectors;
application services provider services; platform as a service (PaaS); computer code conversion for others;
installation of firmware; configuration of computer firmware; configuration of computer hardware |
FINAL DESCRIPTION |
Providing online non-downloadable computer programming for processing audio, design and development of computer software and computer
programs for processing audio; design and development of computer codes for processing audio; design and development of computer firmware and firmware systems; provision of information regarding
computer programs, computer software and computer programming language for processing audio, computer firmware; support services for computer programming; providing online non-downloadable web
programming software and web programming support services, cloud computing and storage services; computer consulting services; expert consulting services within the information and communication
technology sectors; application services provider services; platform as a service (PaaS); computer code conversion for others; installation of firmware; configuration of computer firmware;
configuration of computer hardware |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
017986693 |
FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY |
European Union Trademark - EUTM |
FOREIGN FILING DATE |
11/16/2018 |
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. |
CORRESPONDENCE INFORMATION (current) |
NAME |
Jacob Baldinger |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
watrademarks@weissarons.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
NOT PROVIDED |
DOCKET/REFERENCE NUMBER |
279-002 |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Jacob Baldinger |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
watrademarks@weissarons.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
jbaldinger@weissarons.com; srogovsky@gmail.com |
DOCKET/REFERENCE NUMBER |
279-002 |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Jacob Baldinger/ |
SIGNATORY'S NAME |
Jacob Baldinger |
SIGNATORY'S POSITION |
Attorney of record, New York Bar member |
SIGNATORY'S PHONE NUMBER |
8453626100 |
DATE SIGNED |
04/22/2020 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Apr 22 10:28:35 ET 2020 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XX-2
0200422102835198046-88248
117-7107aceaac5e85b902cc4
2d4a6e37763e15fceed647329
9fa8aed8463924fb383bd-N/A
-N/A-20200421194911495877 |
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.
88248117 SOUL(Standard Characters, see http://uspto.report/TM/88248117/mark.png) has been amended as follows:
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 009 for Computer software for processing audio; computer programs for processing audio; computer application software for processing audio; computer software platforms for processing audio;
computer software development tools for computer programmers; electronic publications concerning computer programs for processing audio, computer software and computer programming language for
processing audio; source codes for processing audio; open source computer source codes for processing audio; computer hardware; computer firmware; firmware memory devices; device drivers; software
drivers
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[ European Union Trademark - EUTM application number 017986693 filed 11/16/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Computer software for processing audio;
downloadable computer software for processing audio;
computer programs for processing audio;
downloadable computer programs for processing audio;
computer application software for processing audio;
downloadable computer application software for processing audio;
computer software platforms for processing audio;
downloadable computer software platforms for processing audio;
computer software development tools for computer programmers;
downloadable computer software development tools for computer programmers;
electronic publications concerning computer programs for processing audio, computer software and computer programming language for processing audio;
electronic publications concerning computer programs for processing audio, downloadable computer software and computer programming language for processing audio;
source codes for processing audio;
open source computer source codes for processing audio;
computer hardware;
computer firmware;
firmware memory devices;
device drivers;
software driversClass 009 for
downloadable computer software for processing audio; downloadable computer programs for processing audio; downloadable computer application software for processing audio; downloadable computer
software platforms for processing audio; downloadable computer software development tools for computer programmers; electronic publications concerning computer programs for processing audio,
downloadable computer software and computer programming language for processing audio; source codes for processing audio; open source computer source codes for processing audio; computer hardware;
computer firmware; firmware memory devices; device drivers; software drivers
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 [ European Union Trademark - EUTM application number 017986693 filed
11/16/2018]. 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:
Current:
Class 042 for Computer programming for processing audio, design and development of computer software and computer programs for processing audio; design and development of computer codes for
processing audio; design and development of computer firmware and firmware systems; provision of information regarding computer programs, computer software and computer programming language for
processing audio, computer firmware; support services for computer programming; web programming software and web programming support services, cloud computing and storage services; computer
consulting services; expert consulting services within the information and communication technology sectors; application services provider services; platform as a service (PaaS); computer code
conversion for others; installation of firmware; configuration of computer firmware; configuration of computer hardware
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[ European Union Trademark - EUTM application number 017986693 filed 11/16/2018]. 15 U.S.C.Section
1126(d), as amended.
Proposed:
Tracked Text Description: Computer programming for processing audio, design and development of computer software and computer programs for processing
audio;
Providing online non-downloadable computer programming for processing audio, design and development of computer software and computer programs for
processing audio;
design and development of computer codes for processing audio;
design and development of computer firmware and firmware
systems;
provision of information regarding computer programs, computer software and computer programming language for processing audio, computer firmware;
support services for computer programming;
web programming software and web programming support services, cloud computing and storage
services;
providing online non-downloadable web programming software and web programming support services, cloud computing and storage services;
computer consulting services;
expert consulting services within the information and communication technology sectors;
application services provider services;
platform as a service (PaaS);
computer code conversion for others;
installation of firmware;
configuration of computer firmware;
configuration of computer hardwareClass 042 for Providing online
non-downloadable computer programming for processing audio, design and development of computer software and computer programs for processing audio; design and development of computer codes for
processing audio; design and development of computer firmware and firmware systems; provision of information regarding computer programs, computer software and computer programming language for
processing audio, computer firmware; support services for computer programming; providing online non-downloadable web programming software and web programming support services, cloud computing and
storage services; computer consulting services; expert consulting services within the information and communication technology sectors; application services provider services; platform as a service
(PaaS); computer code conversion for others; installation of firmware; configuration of computer firmware; configuration of computer hardware
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 [ European Union Trademark - EUTM application number 017986693 filed
11/16/2018]. 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.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ROLI Ltd., a corporation of United Kingdom, having an address of
2 Glebe Road
London, E84BD
United Kingdom
Proposed: ROLI Ltd., a corporation of United Kingdom, having an address of
2 Glebe Road
London, E84BD
United Kingdom
Email Address: XXXX
Correspondence Information (current):
Jacob Baldinger
PRIMARY EMAIL FOR CORRESPONDENCE: watrademarks@weissarons.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED
The docket/reference number is 279-002.
Correspondence Information (proposed):
Jacob Baldinger
PRIMARY EMAIL FOR CORRESPONDENCE: watrademarks@weissarons.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jbaldinger@weissarons.com; srogovsky@gmail.com
The docket/reference number is 279-002.
Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all
official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).
SIGNATURE(S)
Response Signature
Signature: /Jacob Baldinger/ Date: 04/22/2020
Signatory's Name: Jacob Baldinger
Signatory's Position: Attorney of record, New York Bar member
Signatory's Phone Number: 8453626100
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: Jacob Baldinger
WEISS & ARONS LLP
63 SOUTH MAIN STREET
SPRING VALLEY, New York 10977
Mailing Address: Jacob Baldinger
WEISS & ARONS LLP
63 SOUTH MAIN STREET
SPRING VALLEY, New York 10977
Serial Number: 88248117
Internet Transmission Date: Wed Apr 22 10:28:35 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020042210283519
8046-88248117-7107aceaac5e85b902cc42d4a6
e37763e15fceed6473299fa8aed8463924fb383b
d-N/A-N/A-20200421194911495877