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. 88260320 DYNATA (Stylized and/or with Design, see http://uspto.report/TM/88260320/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 Market research services; business and marketing research services, namely, conducting, processing, and analyzing qualitative and quantitative business and marketing research and public opinion surveys; consulting services in the field of market research and public opinion surveys; organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes; business information services, namely, data collection and data sampling; and providing customer and prospective customer relationship management consultation services to businesses
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Proposed:
Tracked Text Description: Market research services; business and marketing research services, namely, conducting, processing, and analyzing qualitative and quantitative business and marketing research and public opinion surveys; consulting services in the field of market research and public opinion surveys; organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes; business research and market research services, namely, organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes; business information services, namely, data collection and data sampling; business information services, namely, data collection and data sampling for business purposes; and providing customer and prospective customer relationship management consultation services to businesses; business consultation services, namely, providing consultation in the field of customer relationship management of current and prospective customersClass 035 for Market research services; business and marketing research services, namely, conducting, processing, and analyzing qualitative and quantitative business and marketing research and public opinion surveys; consulting services in the field of market research and public opinion surveys; business research and market research services, namely, organization and management of focus groups, panel groups and online opinion panel participants for business and market research purposes; business information services, namely, data collection and data sampling for business purposes; business consultation services, namely, providing consultation in the field of customer relationship management of current and prospective customers
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for SAAS featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; SAAS featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; PAAS featuring computer software platforms enabling panel integrated research tools; PAAS featuring computer software platforms enabling customers to conduct market research on a self-serve basis, the ability to customize surveys and the ability to customize the panel of survey respondents; providing a website featuring technology enabling users to design, conduct and manage online, offline and mobile surveys, polls and other feedback and data collection activities
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Proposed:
Tracked Text Description: SAAS featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; Software as a service (SAAS) services featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; SAAS featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; software as a service (SAAS) services featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; PAAS featuring computer software platforms enabling panel integrated research tools; platform as a service (PAAS) featuring computer software platforms for providing panel integrated research tools; PAAS featuring computer software platforms enabling customers to conduct market research on a self-serve basis, the ability to customize surveys and the ability to customize the panel of survey respondents; platform as a service (PAAS) featuring computer software platforms for enabling customers to conduct market research on a self-serve basis, to customize surveys, and to customize the panel of survey respondents; providing a website featuring technology enabling users to design, conduct and manage online, offline and mobile surveys, polls and other feedback and data collection activitiesClass 042 for Software as a service (SAAS) services featuring software for designing, conducting and managing online, offline and mobile surveys, polls and other feedback and data collection activities; software as a service (SAAS) services featuring software for the administration, distribution, collection, reporting, analysis and presentation of respondents' feedback and other information gathered; platform as a service (PAAS) featuring computer software platforms for providing panel integrated research tools; platform as a service (PAAS) featuring computer software platforms for enabling customers to conduct market research on a self-serve basis, to customize surveys, and to customize the panel of survey respondents
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

The applicant's current attorney information: Dyan M. House. Dyan M. House of BAKER & MCKENZIE LLP, is located at

      1900 NORTH PEARL STREET, SUITE 1500
      DALLAS, Texas 75201
      US
The docket/reference number is 10006728.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com

The applicants proposed attorney information: Dyan M. House. Other appointed attorneys are Denis V. Shamo. Dyan M. House of Baker & McKenzie, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1900 N. Pearl Street, Suite 1500
      Dallas, Texas 75201
      United States
The docket/reference number is 10006728.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com

Dyan M. House submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: DYAN M. HOUSE. DYAN M. HOUSE of BAKER & MCKENZIE LLP, is located at

      1900 NORTH PEARL STREET, SUITE 1500
      DALLAS, Texas 75201
      US
The docket/reference number is 10006728.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com; gipscofficesupport@bakermckenzie.com

The applicants proposed correspondence information: Dyan M. House. Dyan M. House of Baker & McKenzie, LLP, is located at

      1900 N. Pearl Street, Suite 1500
      Dallas, Texas 75201
      United States
The docket/reference number is 10006728.

The phone number is 214-978-3000.

The fax number is 214-978-3099.

The email address is dallastrademarks@bakermckenzie.com; gipscofficesupport@bakermckenzie.com

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "DYNATA" below a circle with rays extending. The rays extending from the top right of the circle are shorter than the rest.

Translation
The wording DYNATA has no meaning in a foreign language.


Miscellaneous Statement
In response to the Office's inquiry regarding the translation of the mark, Applicant states that DYNATA is a coined term.


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: /Dyan House/      Date: 10/03/2019
Signatory's Name: Dyan M. House
Signatory's Position: Attorney of record, Texas bar member
Signatory's Phone Number: 2149783000


Response Signature
Signature: /Dyan House/     Date: 10/03/2019
Signatory's Name: Dyan M. House
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 2149783000

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:    DYAN M. HOUSE
   BAKER & MCKENZIE LLP
   
   1900 NORTH PEARL STREET, SUITE 1500
   DALLAS, Texas 75201
Mailing Address:    Dyan M. House
   Baker & McKenzie, LLP
   1900 N. Pearl Street, Suite 1500
   Dallas, Texas 75201
        
Serial Number: 88260320
Internet Transmission Date: Thu Oct 03 12:42:38 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191003124238
686800-88260320-6102875841fb4ddd859303f7
8908a399544692246559adb2e4d272aa2b0bf29c
1b0-N/A-N/A-20191003123825100506