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. 88291819 ACS (Stylized and/or with Design, see http://uspto.report/TM/88291819/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: ACS (Stylized and/or with Design, see http://uspto.report/TM/88291819/mark.png)
Proposed: ACS (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of The mark consists of the letters "ACS", with the "C" formed partially surrounding a representation of an incomplete globe with lines.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer networking and wireless communication hardware, namely, mobile routers, branch routers, wireless access points, antennas and sim cards; Computer networking software for network routing, security, compliance, and management
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Computer networking and wireless communication hardware, namely, mobile routers, branch routers, wireless access points, antennas and sim cards; Computer networking software for network routing, security, compliance, and management; Computer networking software, recorded on computer media, for network routing, security, compliance, and managementClass 009 for Computer networking and wireless communication hardware, namely, mobile routers, branch routers, wireless access points, antennas and sim cards; Computer networking software, recorded on computer media, for network routing, security, compliance, and management
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.
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 internet of things (IoT) data collection, IoT data processing and data monitoring to test, manage, monitor, connect, control, integrate and operate IoT electronic devices; Platform as a service (PAAS) featuring computer software for use to connect and control IoT electronic devices; Providing secure cloud-managed networking and data plans for mobile applications; Providing secure machine-to-machine (m2m) wireless and cellular connections from multiple wireless carriers with unlimited or limited data thresholds to connect m2m devices into the internet of things (IoT)
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Platform as a service (PAAS) featuring computer software platforms for internet of things (IoT) data collection, IoT data processing and data monitoring to test, manage, monitor, connect, control, integrate and operate IoT electronic devices; Platform as a service (PAAS) featuring computer software for use to connect and control IoT electronic devices; Providing secure cloud-managed networking and data plans for mobile applications; Computer security services, namely, providing secure cloud-managed networking for mobile applications, namely, restricting unauthorized network access by users without credentials; Providing secure machine-to-machine (m2m) wireless and cellular connections from multiple wireless carriers with unlimited or limited data thresholds to connect m2m devices into the internet of things (IoT); Providing temporary use of on-line non-downloadable software for secure machine-to-machine (m2m) wireless and cellular connections from multiple wireless carriers with unlimited or limited data thresholds to connect m2m devices into the internet of things (IoT).Class 042 for Platform as a service (PAAS) featuring computer software platforms for internet of things (IoT) data collection, IoT data processing and data monitoring to test, manage, monitor, connect, control, integrate and operate IoT electronic devices; Platform as a service (PAAS) featuring computer software for use to connect and control IoT electronic devices; Computer security services, namely, providing secure cloud-managed networking for mobile applications, namely, restricting unauthorized network access by users without credentials; Providing temporary use of on-line non-downloadable software for secure machine-to-machine (m2m) wireless and cellular connections from multiple wireless carriers with unlimited or limited data thresholds to connect m2m devices into the internet of things (IoT).
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/01/2018 and first used in commerce at least as early as 01/01/2018 , and is now in use in such commerce.
The applicant's current attorney information: David R. McKinney. David R. McKinney of PROGRESS PATENT LAW, PLLC, is located at

      1225 W. BACALL ST.
      MERIDIAN, Idaho 83646
      US
The docket/reference number is 1014.002.TM.

The phone number is 208-297-6325.

The email address is dave@progresspatent.com

The applicants proposed attorney information: David R. McKinney. David R. McKinney of PROGRESS PATENT LAW, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1225 W. BACALL ST.
      MERIDIAN, Idaho 83646
      United States
The docket/reference number is 1014.002.TM.

The phone number is 208-297-6325.

The email address is dave@progresspatent.com

David R. McKinney 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: DAVID R. MCKINNEY. DAVID R. MCKINNEY of PROGRESS PATENT LAW, PLLC, is located at

      1225 W. BACALL ST.
      MERIDIAN, Idaho 83646
      US
The docket/reference number is 1014.002.TM.

The phone number is 208-297-6325.

The email address is dave@progresspatent.com; mckinnus@gmail.com

The applicants proposed correspondence information: David R. McKinney. David R. McKinney of PROGRESS PATENT LAW, PLLC, is located at

      1225 W. BACALL ST.
      MERIDIAN, Idaho 83646
      United States
The docket/reference number is 1014.002.TM.

The phone number is 208-297-6325.

The email address is dave@progresspatent.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Color is not a feature of the mark.


SIGNATURE(S)
Response Signature
Signature: /David R. McKinney/     Date: 10/25/2019
Signatory's Name: David R. McKinney
Signatory's Position: Attorney of record, Idaho bar member

Signatory's Phone Number: 2082976325

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:    DAVID R. MCKINNEY
   PROGRESS PATENT LAW, PLLC
   
   1225 W. BACALL ST.
   MERIDIAN, Idaho 83646
Mailing Address:    David R. McKinney
   PROGRESS PATENT LAW, PLLC
   1225 W. BACALL ST.
   MERIDIAN, Idaho 83646
        
Serial Number: 88291819
Internet Transmission Date: Fri Oct 25 22:50:48 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019102522504821
7212-88291819-6104078a86afaa05fa720191c6
984a56a67faa731a452e7bdf1719df2af08a2cc-
N/A-N/A-20191025223135701211