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. 88284215 JUST ASK ALEXA (Stylized and/or with Design, see http://uspto.report/TM/88284215/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Applicant, Amazon Technologies, Inc., respectfully submits this Response to the Office Action that issued on April 11, 2019 for U.S. Trademark Application Serial No. 88284215 ("Applicant's Mark"). The Examining Attorney has requested that Applicant amend its identification of goods and services. Applicant herein submits such amendments but, in two cases, respectfully submits that amendment is not required.

The Examining Attorney has requested a specification of the wording "other communications networks" in Class 38. Applicant respectfully submits that such a specification is not required. It has been accepted in dozens of Applicant's other U.S. Trademark Applications, including those that were recently published, allowed, or registered in this calendar year: JUST ASK, U.S. Trademark Application Serial No. 88101632 (published); ECHO, U.S. Trademark Application Serial No. 88125078 (published); ECHO INPUT, U.S. Trademark Application Serial No. 88125067 (published); ECHO SUB, U.S. Trademark Application Serial No. 88125057 (published); FIRETUBE, U.S. Trademark Application Serial No. 88263634 (allowed); PRIME VIDEO and Design, U.S. Trademark Registration No. 5875031 (registered October 1, 2019). As such, Applicant submits that further specification of this phrase is not necessary.

The Examining Attorney has also requested further specification of the phrase "software as a service (SaaS) featuring computer software for use as an application programming interface (API)," stating that the function of the API programs must be listed. Here, too, Applicant respectfully submits that such a specification is not necessary. This phrase has been accepted in numerous of Applicant's other applications and registrations, including ECHO, U.S. Trademark Application Serial No. 88125078 (published); ECHO AUTO, U.S. Trademark Application Serial No. 88125044 (published); JUST ASK, U.S. Trademark Application Serial No. 88101632 (published); ALEXA GADGETS, U.S. Trademark Application Serial No. 87816610 (allowed); AMAZON POLLY, U.S. Trademark Registration No. 5835201 (registered August 13, 2019); ALEXA ONBOARD, U.S. Trademark Application Serial No. 87747215 (allowed); and AMAZON LEX, U.S. Trademark Registration No. 5716059 (registered April 2, 2019). These applications were allowed, published, or proceeded to registration recently. As such, Applicant respectfully submits that further specification of the function of the API programs is not necessary.

Considering the above and the amendments entered herein, Applicant respectfully submits its application is in condition for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Voice command and recognition software, speech to text conversion software; voice-enabled software applications for personal information management; personal assistant software; home automation and home device integration software; Personal vehicle integration software; wireless communication software for voice, audio, video, and data transmission; search engine software; computer software used for controlling stand-alone voice controlled information and personal assistant devices; computer software for personal information management; computer software for accessing, browsing, and searching online databases, audio, video, and multimedia content, games, and software applications, software application marketplaces; computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; computer software for use in providing retail and ordering services for a wide variety of consumer goods; computer software for use to connect and control internet of things (IoT) electronic devices; computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; computer software to assist a user in operating a computerized handheld device; computer software for initiating and receiving telephone calls, and for accessing, storing, retrieving, managing, processing and using information; computer software for voice recognition, processing voice commands and converting between speech and text; computer software for creating, sending, receiving and managing voicemail and email; computer software for scheduling and managing appointments, reminders, events and calendar entries on an electronic calendar; computer software for operating audio-visual information; computer software for processing and managing mapping and directional information; computer software for use in note-taking, namely, computer software for recording and organizing audio information in electronic form; computer software for personal information management; computer software for organizing and accessing phone numbers, addresses, and other personal contact information; computer software for accessing, browsing and searching online databases; computer software for providing consumer resources for searching, locating, rating, evaluating and providing directions for the purchase, consumption and use of a wide range of consumer products, services, and information over a global communications network and using any connected access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels; computer software for global positioning and for providing travel directions; computer software for enabling hands-free use of a mobile phone through voice recognition; computer software for making travel arrangements; computer software to assist in making reservations at hotels and restaurants; computer hardware consisting of stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; accessories, namely, power adapters and remote controls for the foregoing smart audio speakers; computer software for use as an application programming interface (API); software development kits (SDKs) consisting of computer software development tools for the development of voice service delivery and nature language understanding technology across global computer networks, wireless networks, and electronic communications networks; software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems, and interchanges that exchange data via communications networks and the internet and that connect with cloud-based data storage and exchange services; software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to internet connected consumer electronic devices; application programming interface (API), namely, software facilitating the development voice service delivery and personal assistant capability tools in connection with consumer electronic devices; computer application software for handheld wireless devices, namely, software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; computer software development tools; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic software
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: Voice command and recognition software, speech to text conversion software; Downloadable or recorded voice command and recognition software, speech to text conversion software; voice-enabled software applications for personal information management; downloadable or recorded voice-enabled software applications for personal information management; personal assistant software; downloadable or recorded personal assistant software; home automation and home device integration software; downloadable or recorded home automation and home device integration software; Personal vehicle integration software; downloadable or recorded personal vehicle integration software; wireless communication software for voice, audio, video, and data transmission; downloadable or recorded wireless communication software for voice, audio, video, and data transmission; search engine software; downloadable or recorded search engine software; computer software used for controlling stand-alone voice controlled information and personal assistant devices; downloadable or recorded computer software used for controlling stand-alone voice controlled information and personal assistant devices; computer software for personal information management; downloadable or recorded computer software for personal information management; computer software for accessing, browsing, and searching online databases, audio, video, and multimedia content, games, and software applications, software application marketplaces; downloadable or recorded computer software for accessing, browsing, and searching online databases, audio, video, and multimedia content, games, and software applications, software application marketplaces; computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; downloadable or recorded computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; computer software for use in providing retail and ordering services for a wide variety of consumer goods; downloadable or recorded computer software for use in providing retail and ordering services for a wide variety of consumer goods; computer software for use to connect and control internet of things (IoT) electronic devices; computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; downloadable or recorded computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; downloadable or recorded computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; computer software to assist a user in operating a computerized handheld device; downloadable or recorded computer software to assist a user in operating a computerized handheld device through recognizing voice commands; computer software for initiating and receiving telephone calls, and for accessing, storing, retrieving, managing, processing and using information; downloadable or recorded computer software for initiating and receiving telephone calls, and for accessing, storing, retrieving, managing, processing and using information; computer software for voice recognition, processing voice commands and converting between speech and text; downloadable or recorded computer software for voice recognition, processing voice commands and converting between speech and text; computer software for creating, sending, receiving and managing voicemail and email; downloadable or recorded computer software for creating, sending, receiving and managing voicemail and email; computer software for scheduling and managing appointments, reminders, events and calendar entries on an electronic calendar; downloadable or recorded computer software for scheduling and managing appointments, reminders, events and calendar entries on an electronic calendar; computer software for operating audio-visual information; downloadable or recorded computer software for operating audio-visual information, namely, controlling the operation or audio and video devices; computer software for processing and managing mapping and directional information; downloadable or recorded computer software for processing and managing mapping and directional information, namely, downloadable geographic information system (GIS) software; computer software for use in note-taking, namely, computer software for recording and organizing audio information in electronic form; downloadable or recorded computer software for use in note-taking, namely, computer software for recording and organizing audio information in electronic form; computer software for personal information management; downloadable or recorded computer software for organizing and accessing phone numbers, addresses, and other personal contact information; computer software for organizing and accessing phone numbers, addresses, and other personal contact information; downloadable or recorded computer software for accessing, browsing and searching online databases; computer software for accessing, browsing and searching online databases; downloadable or recorded computer software for providing consumer resources for searching, locating, rating, evaluating and providing directions for the purchase, consumption and use of a wide range of consumer products, services, and information over a global communications network and using any connected access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels; computer software for providing consumer resources for searching, locating, rating, evaluating and providing directions for the purchase, consumption and use of a wide range of consumer products, services, and information over a global communications network and using any connected access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels; downloadable or recorded computer software for global positioning and for providing travel directions; computer software for global positioning and for providing travel directions; downloadable or recorded computer software for enabling hands-free use of a mobile phone through voice recognition; computer software for enabling hands-free use of a mobile phone through voice recognition; downloadable or recorded computer software for making travel arrangements; computer software for making travel arrangements; downloadable or recorded computer software to assist in making reservations at hotels and restaurants; computer software to assist in making reservations at hotels and restaurants; downloadable or recorded computer hardware consisting of stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; computer hardware consisting of stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; downloadable or recorded computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; accessories, namely, power adapters and remote controls for the foregoing smart audio speakers; downloadable or recorded computer software for use as an application programming interface (API) for creating software and applications in the field of internet connected consumer devices; computer software for use as an application programming interface (API); downloadable or recorded software development kits (SDKs) consisting of computer software development tools for the development of voice service delivery and nature language understanding technology across global computer networks, wireless networks, and electronic communications networks; software development kits (SDKs) consisting of computer software development tools for the development of voice service delivery and nature language understanding technology across global computer networks, wireless networks, and electronic communications networks; downloadable or recorded software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems, and interchanges that exchange data via communications networks and the internet and that connect with cloud-based data storage and exchange services; software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems, and interchanges that exchange data via communications networks and the internet and that connect with cloud-based data storage and exchange services; downloadable or recorded software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to internet connected consumer electronic devices; software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to internet connected consumer electronic devices; downloadable or recorded application programming interface (API), namely, software facilitating the development voice service delivery and personal assistant capability tools in connection with consumer electronic devices; application programming interface (API), namely, software facilitating the development voice service delivery and personal assistant capability tools in connection with consumer electronic devices; downloadable or recorded computer application software for handheld wireless devices, namely, software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; computer application software for handheld wireless devices, namely, software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; downloadable or recorded computer software development tools; computer software development tools; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic softwareClass 009 for Downloadable or recorded voice command and recognition software, speech to text conversion software; downloadable or recorded voice-enabled software applications for personal information management; downloadable or recorded personal assistant software; downloadable or recorded home automation and home device integration software; downloadable or recorded personal vehicle integration software; downloadable or recorded wireless communication software for voice, audio, video, and data transmission; downloadable or recorded search engine software; downloadable or recorded computer software used for controlling stand-alone voice controlled information and personal assistant devices; downloadable or recorded computer software for personal information management; downloadable or recorded computer software for accessing, browsing, and searching online databases, audio, video, and multimedia content, games, and software applications, software application marketplaces; downloadable or recorded computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; downloadable or recorded computer software for use in providing retail and ordering services for a wide variety of consumer goods; computer software for use to connect and control internet of things (IoT) electronic devices; downloadable or recorded computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; downloadable or recorded computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; downloadable or recorded computer software to assist a user in operating a computerized handheld device through recognizing voice commands; downloadable or recorded computer software for initiating and receiving telephone calls, and for accessing, storing, retrieving, managing, processing and using information; downloadable or recorded computer software for voice recognition, processing voice commands and converting between speech and text; downloadable or recorded computer software for creating, sending, receiving and managing voicemail and email; downloadable or recorded computer software for scheduling and managing appointments, reminders, events and calendar entries on an electronic calendar; downloadable or recorded computer software for operating audio-visual information, namely, controlling the operation or audio and video devices; downloadable or recorded computer software for processing and managing mapping and directional information, namely, downloadable geographic information system (GIS) software; downloadable or recorded computer software for use in note-taking, namely, computer software for recording and organizing audio information in electronic form; downloadable or recorded computer software for organizing and accessing phone numbers, addresses, and other personal contact information; downloadable or recorded computer software for accessing, browsing and searching online databases; downloadable or recorded computer software for providing consumer resources for searching, locating, rating, evaluating and providing directions for the purchase, consumption and use of a wide range of consumer products, services, and information over a global communications network and using any connected access mode in any format, namely, mobile communication devices, desktop internet, email, voice or social media channels; downloadable or recorded computer software for global positioning and for providing travel directions; downloadable or recorded computer software for enabling hands-free use of a mobile phone through voice recognition; downloadable or recorded computer software for making travel arrangements; downloadable or recorded computer software to assist in making reservations at hotels and restaurants; downloadable or recorded computer hardware consisting of stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; downloadable or recorded computer software used for controlling stand-alone voice controlled information devices, namely, cloud-connected and voice-controlled smart audio speakers with virtual personal assistant capabilities; accessories, namely, power adapters and remote controls for the foregoing smart audio speakers; downloadable or recorded computer software for use as an application programming interface (API) for creating software and applications in the field of internet connected consumer devices; downloadable or recorded software development kits (SDKs) consisting of computer software development tools for the development of voice service delivery and nature language understanding technology across global computer networks, wireless networks, and electronic communications networks; downloadable or recorded software development kits (SDKs) consisting of computer software for the development, use, and interoperability of APIs that are used by electronic devices, systems, and interchanges that exchange data via communications networks and the internet and that connect with cloud-based data storage and exchange services; downloadable or recorded software development kits (SDKs) comprising of software development tools and software for use as an application programming interface (API) for creating software and applications related to internet connected consumer electronic devices; downloadable or recorded application programming interface (API), namely, software facilitating the development voice service delivery and personal assistant capability tools in connection with consumer electronic devices; downloadable or recorded computer application software for handheld wireless devices, namely, software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; downloadable or recorded computer software development tools; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic software
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 035 for Order fulfillment services; providing product information for the purpose of assisting with the selection of general consumer merchandise to meet the consumer's needs; providing consumer information and related news in the field of sports, entertainment, business and finance, politics and government, health and physical fitness, weather, science and technology, travel, arts and literature, lifestyle and personal growth, vehicles and transportation, education and child development, real estate, fashion and design, food and cooking, home decorating, music and cinema, history, medicine, and law; providing information, news, and commentary in the field of politics and government affairs, and consumer information relating to a wide variety of products; providing information and news in the field of business, namely, information and news on current events and on economic, legislative, and regulatory developments as it relates to and can impact businesses; providing consumer information via voice-controlled automated inquiries, namely, providing an online automated consumer resource for searching, locating, rating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; data processing services; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for others
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: Order fulfillment services; providing product information for the purpose of assisting with the selection of general consumer merchandise to meet the consumer's needs; providing consumer information and related news in the field of sports, entertainment, business and finance, politics and government, health and physical fitness, weather, science and technology, travel, arts and literature, lifestyle and personal growth, vehicles and transportation, education and child development, real estate, fashion and design, food and cooking, home decorating, music and cinema, history, medicine, and law; providing information, news, and commentary in the field of politics and government affairs, and consumer information relating to a wide variety of products; providing information and news in the field of business, namely, information and news on current events and on economic, legislative, and regulatory developments as it relates to and can impact businesses; providing consumer information via voice-controlled automated inquiries, namely, providing an online automated consumer resource for searching, locating, rating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; data processing services; creating indexes of information, sites and other resources available on global computer networks and other electronic and communications networks for othersClass 035 for Order fulfillment services; providing product information for the purpose of assisting with the selection of general consumer merchandise to meet the consumer's needs; providing consumer information and related news in the field of sports, entertainment, business and finance, politics and government, health and physical fitness, weather, science and technology, travel, arts and literature, lifestyle and personal growth, vehicles and transportation, education and child development, real estate, fashion and design, food and cooking, home decorating, music and cinema, history, medicine, and law; providing information, news, and commentary in the field of politics and government affairs, and consumer information relating to a wide variety of products; providing information and news in the field of business, namely, information and news on current events and on economic, legislative, and regulatory developments as it relates to and can impact businesses; providing consumer information via voice-controlled automated inquiries, namely, providing an online automated consumer resource for searching, locating, rating and providing directions for the purchase, consumption and use of a wide range of consumer products, services and information over a global communications network; data processing services
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 038 for Telecommunication access services; telecommunications services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks, providing on-line electronic bulletin boards for the transmission of messages among computer users in the field of consumer product information; web casting services; delivery of message by electronic transmission; telecommunication services namely, electronic transmission of streamed and downloaded audio and video and multimedia content files via computer and other communications networks; audio broadcasting of spoken word, music, concerts, and radio programs; wireless broadband communications services; text and numeric digital wireless messaging services; wireless communications services, namely, transmission of graphics to electronic book readers; providing access to interactive databases for transmission of messages among computer users and subscribers concerning music, books, movies, motion pictures, television programs, games, toys, sporting goods, electronics, multimedia presentations, videos and dvds, and other household and consumer goods, product reviews and purchase information on the internet; electronic transmission of information and data; audio broadcasting and transmission of educational and entertainment digital media; telecommunications services, namely, transmission of text, images, audio, and video, and data via telecommunications networks, wireless communications networks, and the internet; providing an online internet forum for the transmission of messages and information; providing online chat rooms for social networking; providing access to databases; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among e-readers, mobile phones, smartphones, portable electronic devices, portable digital devices, tablets or computers; streaming of audio, visual and audiovisual material via the internet or other computer or communications network; telecommunications services, namely, transmission of podcasts; telecommunications services, namely, transmission of webcasts; telecommunications services, namely, providing online electronic bulletin boards for the transmission of messages among computer users concerning entertainment; providing interactive chat rooms for transmission of messages among computer users and subscribers concerning a wide variety of topics; providing video on-demand transmission of computer games; telecommunication services for providing multiple-user access to a global computer network; providing an online interactive electronic bulletin board for transmission of messages among users in the field of comic book publishing, entertainment, and the entertainment industry; electronic and wireless transmission and streaming of digital media content for others via global computer networks to handheld computers, laptops, and mobile electronic devices; provision of information, consultancy and advisory services in the field of telecommunications
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: Telecommunication access services; telecommunications services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks, providing on-line electronic bulletin boards for the transmission of messages among computer users in the field of consumer product information; telecommunications services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks in the nature of broadband optical or wireless networks, providing on-line electronic bulletin boards for the transmission of messages among computer users in the field of consumer product information; web casting services; delivery of message by electronic transmission; telecommunication services namely, electronic transmission of streamed and downloaded audio and video and multimedia content files via computer and other communications networks; telecommunication services namely, electronic transmission of streamed and downloaded audio and video and multimedia content files via computer and other communications networks in the nature of broadband optical or wireless networks; audio broadcasting of spoken word, music, concerts, and radio programs; wireless broadband communications services; text and numeric digital wireless messaging services; wireless communications services, namely, transmission of graphics to electronic book readers; providing access to interactive databases for transmission of messages among computer users and subscribers concerning music, books, movies, motion pictures, television programs, games, toys, sporting goods, electronics, multimedia presentations, videos and dvds, and other household and consumer goods, product reviews and purchase information on the internet; electronic transmission of information and data; wireless electronic transmission of information and data; audio broadcasting and transmission of educational and entertainment digital media; audio broadcasting and electronic transmission of educational and entertainment digital media for others via global and local computer networks; telecommunications services, namely, transmission of text, images, audio, and video, and data via telecommunications networks, wireless communications networks, and the internet; providing an online internet forum for the transmission of messages and information; providing an online internet forum for the transmission of messages and information among computer users; providing online chat rooms for social networking; providing access to databases; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among e-readers, mobile phones, smartphones, portable electronic devices, portable digital devices, tablets or computers; streaming of audio, visual and audiovisual material via the internet or other computer or communications network; telecommunications services, namely, transmission of podcasts; telecommunications services, namely, transmission of webcasts; telecommunications services, namely, providing online electronic bulletin boards for the transmission of messages among computer users concerning entertainment; providing interactive chat rooms for transmission of messages among computer users and subscribers concerning a wide variety of topics; providing interactive on-line or internet chat rooms for transmission of messages among computer users and subscribers concerning a wide variety of topics; providing video on-demand transmission of computer games; telecommunication services for providing multiple-user access to a global computer network; providing an online interactive electronic bulletin board for transmission of messages among users in the field of comic book publishing, entertainment, and the entertainment industry; electronic and wireless transmission and streaming of digital media content for others via global computer networks to handheld computers, laptops, and mobile electronic devices; provision of information, consultancy and advisory services in the field of telecommunicationsClass 038 for Telecommunication access services; telecommunications services, namely, electronic transmission of streamed and downloadable audio and video files via computer and other communications networks in the nature of broadband optical or wireless networks, providing on-line electronic bulletin boards for the transmission of messages among computer users in the field of consumer product information; web casting services; delivery of message by electronic transmission; telecommunication services namely, electronic transmission of streamed and downloaded audio and video and multimedia content files via computer and other communications networks in the nature of broadband optical or wireless networks; audio broadcasting of spoken word, music, concerts, and radio programs; wireless broadband communications services; text and numeric digital wireless messaging services; wireless communications services, namely, transmission of graphics to electronic book readers; providing access to interactive databases for transmission of messages among computer users and subscribers concerning music, books, movies, motion pictures, television programs, games, toys, sporting goods, electronics, multimedia presentations, videos and dvds, and other household and consumer goods, product reviews and purchase information on the internet; wireless electronic transmission of information and data; audio broadcasting and electronic transmission of educational and entertainment digital media for others via global and local computer networks; telecommunications services, namely, transmission of text, images, audio, and video, and data via telecommunications networks, wireless communications networks, and the internet; providing an online internet forum for the transmission of messages and information among computer users; providing online chat rooms for social networking; providing access to databases; providing telecommunication connectivity services for the transfer of images, messages, audio, visual, audiovisual and multimedia works among e-readers, mobile phones, smartphones, portable electronic devices, portable digital devices, tablets or computers; streaming of audio, visual and audiovisual material via the internet or other computer or communications network; telecommunications services, namely, transmission of podcasts; telecommunications services, namely, transmission of webcasts; telecommunications services, namely, providing online electronic bulletin boards for the transmission of messages among computer users concerning entertainment; providing interactive on-line or internet chat rooms for transmission of messages among computer users and subscribers concerning a wide variety of topics; providing video on-demand transmission of computer games; telecommunication services for providing multiple-user access to a global computer network; providing an online interactive electronic bulletin board for transmission of messages among users in the field of comic book publishing, entertainment, and the entertainment industry; electronic and wireless transmission and streaming of digital media content for others via global computer networks to handheld computers, laptops, and mobile electronic devices; provision of information, consultancy and advisory services in the field of telecommunications
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 Platform as a service (PaaS) featuring computer software platforms for voice command and recognition software, speech to text conversion software, voice-enabled software applications for personal information management; Platform as a service (PaaS) featuring computer software platforms for personal assistant software; Platform as a service (PaaS) featuring computer software platforms for home automation and home device integration software; Platform as a service (PaaS) featuring computer software platforms for wireless communication software for voice, audio, video, and data transmission; Software as a service (SaaS) featuring computer software used for controlling stand-alone voice controlled information and personal assistant devices; Software as a service (SaaS) featuring computer software for personal information management; Software as a service (SaaS) featuring computer software for accessing, browsing, and searching online databases, audio, video and multimedia content, games, and software applications, software application marketplaces; Software as a service (SaaS) featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; Online non-downloadable computer software for use in providing retail and ordering services for a wide variety of consumer goods; Software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; Software as a service (SaaS) featuring computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); design, development and maintenance of proprietary computer software for others in the field of natural language, speech, language, and voice recognition excluding post-production of picture and sound recordings; technical support and consultation services for developing applications; application service provider (ASP) services featuring software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; providing customized computer searching services, namely, searching and retrieving information at the user's specific request via the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the Internet; provision of Internet search engine services; information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things software; providing information, news, and commentary in the field of science and technology, home decorating, weather, and graphic, interior, product, and fashion design; provision of internet search engine services; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); information, advisory and consultancy services relating to all the aforesaid; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic software
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: Platform as a service (PaaS) featuring computer software platforms for voice command and recognition software, speech to text conversion software, voice-enabled software applications for personal information management; Platform as a service (PaaS) featuring computer software platforms for personal assistant software; Platform as a service (PaaS) featuring computer software platforms for home automation and home device integration software; Platform as a service (PaaS) featuring computer software platforms for wireless communication software for voice, audio, video, and data transmission; Software as a service (SaaS) featuring computer software used for controlling stand-alone voice controlled information and personal assistant devices; Software as a service (SaaS) featuring computer software for personal information management; Software as a service (SaaS) featuring computer software for accessing, browsing, and searching online databases, audio, video and multimedia content, games, and software applications, software application marketplaces; Software as a service (SaaS) featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; Online non-downloadable computer software for use in providing retail and ordering services for a wide variety of consumer goods; Software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; Software as a service (SaaS) featuring computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); design, development and maintenance of proprietary computer software for others in the field of natural language, speech, language, and voice recognition excluding post-production of picture and sound recordings; technical support and consultation services for developing applications; application service provider (ASP) services featuring software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; providing customized computer searching services, namely, searching and retrieving information at the user's specific request via the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the Internet; provision of Internet search engine services; information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things software; providing information, news, and commentary in the field of science and technology, home decorating, weather, and graphic, interior, product, and fashion design; provision of internet search engine services; computer services, namely, creating website based indexes or computer network-based indexes of information, websites, and other resources available on global computer networks and other electronic and communications networks for others; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); information, advisory and consultancy services relating to all the aforesaid; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic softwareClass 042 for Platform as a service (PaaS) featuring computer software platforms for voice command and recognition software, speech to text conversion software, voice-enabled software applications for personal information management; Platform as a service (PaaS) featuring computer software platforms for personal assistant software; Platform as a service (PaaS) featuring computer software platforms for home automation and home device integration software; Platform as a service (PaaS) featuring computer software platforms for wireless communication software for voice, audio, video, and data transmission; Software as a service (SaaS) featuring computer software used for controlling stand-alone voice controlled information and personal assistant devices; Software as a service (SaaS) featuring computer software for personal information management; Software as a service (SaaS) featuring computer software for accessing, browsing, and searching online databases, audio, video and multimedia content, games, and software applications, software application marketplaces; Software as a service (SaaS) featuring computer software for accessing, monitoring, tracking, searching, saving, and sharing information on topics of general interest; Online non-downloadable computer software for use in providing retail and ordering services for a wide variety of consumer goods; Software as a service (SaaS) featuring computer software for use to connect and control internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for connecting, operating, integrating, controlling, and managing networked consumer electronic devices, home climate devices and lighting products via wireless networks; Software as a service (SaaS) featuring computer software for others to use for the development of software to manage, connect, and operate internet of things (IoT) electronic devices; Software as a service (SaaS) featuring computer software for use as an application programming interface (API); design, development and maintenance of proprietary computer software for others in the field of natural language, speech, language, and voice recognition excluding post-production of picture and sound recordings; technical support and consultation services for developing applications; application service provider (ASP) services featuring software for controlling, integrating, operating, connecting, and managing voice controlled information devices, namely, cloud-connected and voice-controlled smart consumer electronic devices and electronic personal assistant devices; providing customized computer searching services, namely, searching and retrieving information at the user's specific request via the internet; computer services, namely, providing remote management of devices via computer networks, wireless networks or the Internet; provision of Internet search engine services; information, advisory and consultancy services relating to voice command and recognition software, speech to text conversion software, and voice-enabled software applications, home automation, and internet-of-things software; providing information, news, and commentary in the field of science and technology, home decorating, weather, and graphic, interior, product, and fashion design; computer services, namely, creating website based indexes or computer network-based indexes of information, websites, and other resources available on global computer networks and other electronic and communications networks for others; information, advisory and consultancy services relating to all the aforesaid; none of the aforesaid for professional photographic and cinematographic cameras including professional photographic and cinematographic specific accessories therefor and professional photographic and cinematographic software
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 045 for Personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; social networking services; providing information, news, and commentary in the field of law, fashion, diverse human lifestyles and personal growth; legal services; security services for the protection of property and individuals; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, and entertainment; personal shopping services; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking
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: Personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; social networking services; internet-based social networking services; providing information, news, and commentary in the field of law, fashion, diverse human lifestyles and personal growth; legal services; security services for the protection of property and individuals; security services, namely, monitoring of home security systems, security guard services, and surveillance services for the protection of property and individuals, namely, monitoring of home security systems for protecting personal property, security guard services, and surveillance services; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, and entertainment; providing internet-based social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, and entertainment; personal shopping services; personal shopping services for others; providing a searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking; providing an online searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networkingClass 045 for Personal concierge services for others comprising making requested personal arrangements and reservations and providing customer-specific information to meet individual needs; internet-based social networking services; providing information, news, and commentary in the field of law, fashion, diverse human lifestyles and personal growth; legal services; security services, namely, monitoring of home security systems, security guard services, and surveillance services for the protection of property and individuals, namely, monitoring of home security systems for protecting personal property, security guard services, and surveillance services; providing on-line computer databases and on-line searchable databases in the field of social networking; providing a social networking website for entertainment purposes; providing internet-based social networking services for purposes of commentary, comparison, collaboration, consultation, advice, discussion, research, information sharing, indexing, information location, and entertainment; personal shopping services for others; providing an online searchable database featuring audio, video and audiovisual content available through the Internet, telecommunications networks and wireless telecommunications networks in the field of online social networking
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: J. Robert LeBlanc. J. Robert LeBlanc of HAYNES AND BOONE, LLP, is located at

      2323 VICTORY AVE., SUITE 700
      DALLAS, Texas 75219
      US
The docket/reference number is 43603.TBD.

The phone number is 214-651-5106.

The fax number is 214-200-0707.

The email address is ipdocketing@haynesboone.com

The applicants proposed attorney information: J. Robert LeBlanc. Other appointed attorneys are Purvi Patel Albers; Jeffrey M. Becker; David A. Bell; Tiffany Ferris; Mike McArthur; Ellie Sowanick; Katharyn Zagorin. J. Robert LeBlanc of Haynes and Boone, 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

      2323 Victory Avenue, Suite 700
      2323 Victory Avenue, Suite 700
      Dallas, Texas 75219
      United States
The docket/reference number is 43603.4249.

The phone number is 214-651-5106.

The fax number is 214-200-0707.

The email address is ipdocketing@haynesboone.com

J. Robert LeBlanc 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: J. ROBERT LEBLANC. J. ROBERT LEBLANC of HAYNES AND BOONE, LLP, is located at

      2323 VICTORY AVE., SUITE 700
      DALLAS, Texas 75219
      US
The docket/reference number is 43603.TBD.

The phone number is 214-651-5106.

The fax number is 214-200-0707.

The email address is ipdocketing@haynesboone.com; rob.leblanc@haynesboone.com; jessica.foda@haynesboone.com; kathy.mettee@haynesboone.com

The applicants proposed correspondence information: J. Robert LeBlanc. J. Robert LeBlanc of Haynes and Boone, LLP, is located at

      2323 Victory Avenue, Suite 700
      2323 Victory Avenue, Suite 700
      Dallas, Texas 75219
      United States
The docket/reference number is 43603.4249.

The phone number is 214-651-5106.

The fax number is 214-200-0707.

The email address is ipdocketing@haynesboone.com; jessica.foda@haynesboone.com; tiffany.ferris@haynesboone.com; rob.leblanc@haynesboone.com

SIGNATURE(S)
Response Signature
Signature: /Tiffany Ferris/     Date: 10/10/2019
Signatory's Name: Tiffany Ferris
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 214-651-5152

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:    J. ROBERT LEBLANC
   HAYNES AND BOONE, LLP
   
   2323 VICTORY AVE., SUITE 700
   DALLAS, Texas 75219
Mailing Address:    J. Robert LeBlanc
   Haynes and Boone, LLP
   2323 Victory Avenue, Suite 700
   2323 Victory Avenue, Suite 700
   Dallas, Texas 75219
        
Serial Number: 88284215
Internet Transmission Date: Thu Oct 10 18:48:16 EDT 2019
TEAS Stamp: USPTO/ROA-X.XX.XXX.X-2019101018481629123
3-88284215-6107032cb72ced95d6552756ab4e0
d7cc103796f1a6b31268d9bad7c031d86439f9-N
/A-N/A-20191010184559986366