TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88291857 ECL COMMAND CENTER(Standard Characters, see http://uspto.report/TM/88291857/mark.png) has been amended as follows:

EVIDENCE

Original PDF file:
evi_2601647200c960103a5e9 9678d4397-202005211905045 42810_._ELC14_ECL_COMMAND _CENTER_Response_1121019.pdf
Converted PDF file(s) ( 7 pages) Evidence-1Evidence-2Evidence-3Evidence-4Evidence-5Evidence-6Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Medical laboratory services; scientific laboratory services; conducting laboratory experiments remotely; software as a service featuring software for designing laboratory experiments, for running laboratory experiments, for analyzing laboratory experiment controls, equipment, and environment data, and for analyzing laboratory experiment results; remote scientific testing services of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; biopharmaceutical research design and scientific testing services; product safety and quality assurance testing services for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; toxicological safety and quality assurance testing services for pharmaceuticals, chemicals, and consumer products; software as a service for developing, executing, monitoring, and managing enterprise resource planning, experimental logistics, manufacturing execution systems, and connected factories;  software as a service featuring software for running computer simulations of laboratory experiments, for running computer simulations of biological and chemical phenomena and systems, for optimizing laboratory experiment parameters with computational methods, and for comparison of computer simulations against empirically observed laboratory experiment results; software as a service for providing regulatory compliance documentation following experiments, for performing regulatory agencies audits following experiments, and for performing internal audits following experiments; software as a service for processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems
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 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Medical laboratory services; Software for remote medical laboratory services; scientific laboratory services; software for remote scientific laboratory services; conducting laboratory experiments remotely; software for remotely conducting laboratory experiments; software as a service featuring software for designing laboratory experiments, for running laboratory experiments, for analyzing laboratory experiment controls, equipment, and environment data, and for analyzing laboratory experiment results; software as a service featuring software for remotely designing laboratory experiments, for running laboratory experiments, for analyzing laboratory experiment controls, equipment, and environment data, and for analyzing laboratory experiment results; remote scientific testing services of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; software for remote scientific testing services of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; biopharmaceutical research design and scientific testing services; software for remote biopharmaceutical research design and scientific testing services; product safety and quality assurance testing services for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; software for remote product safety and quality assurance testing services for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; toxicological safety and quality assurance testing services for pharmaceuticals, chemicals, and consumer products; software for remote toxicological safety and quality assurance testing services for pharmaceuticals, chemicals, and consumer products;  software as a service for developing, executing, monitoring, and managing enterprise resource planning, experimental logistics, manufacturing execution systems, and connected factories; software as a service for developing, executing, monitoring, and managing enterprise resource planning, experimental logistics, manufacturing execution systems, and connected factories;   software as a service featuring software for running computer simulations of laboratory experiments, for running computer simulations of biological and chemical phenomena and systems, for optimizing laboratory experiment parameters with computational methods, and for comparison of computer simulations against empirically observed laboratory experiment results; software as a service featuring software for running computer simulations of laboratory experiments, for running computer simulations of biological and chemical phenomena and systems, for optimizing laboratory experiment parameters with computational methods, and for comparison of computer simulations against empirically observed laboratory experiment results; software as a service for providing regulatory compliance documentation following experiments, for performing regulatory agencies audits following experiments, and for performing internal audits following experiments;  software as a service for processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service for processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems.Class 042 for Software for remote medical laboratory services; software for remote scientific laboratory services; software for remotely conducting laboratory experiments; software as a service featuring software for remotely designing laboratory experiments, for running laboratory experiments, for analyzing laboratory experiment controls, equipment, and environment data, and for analyzing laboratory experiment results; software for remote scientific testing services of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; software for remote biopharmaceutical research design and scientific testing services; software for remote product safety and quality assurance testing services for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; software for remote toxicological safety and quality assurance testing services for pharmaceuticals, chemicals, and consumer products; software as a service for developing, executing, monitoring, and managing enterprise resource planning, experimental logistics, manufacturing execution systems, and connected factories; software as a service featuring software for running computer simulations of laboratory experiments, for running computer simulations of biological and chemical phenomena and systems, for optimizing laboratory experiment parameters with computational methods, and for comparison of computer simulations against empirically observed laboratory experiment results; software as a service for providing regulatory compliance documentation following experiments, for performing regulatory agencies audits following experiments, and for performing internal audits following experiments; software as a service for processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems.
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 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Emerald Cloud Lab, Inc., a corporation of Delaware, having an address of
      844 Dubuque Ave.
      San Francisco, California 94080
      United States

Proposed: Emerald Cloud Lab, Inc., a corporation of Delaware, having an address of
      844 Dubuque Ave.
      San Francisco, California 94080
      United States
      Email Address: XXXX
Correspondence Information (current):
      Paul K. Tomita
      PRIMARY EMAIL FOR CORRESPONDENCE: paul@st-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomita@gmail.com; lana@st-ip.com

The docket/reference number is ECL.14.
Correspondence Information (proposed):
      Paul K. Tomita
      PRIMARY EMAIL FOR CORRESPONDENCE: paul@st-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): ptomita@gmail.com; lana@st-ip.com

The docket/reference number is ECL.14.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Paul K. Tomita/     Date: 05/21/2020
Signatory's Name: Paul K. Tomita
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 415-305-8948

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    Paul K. Tomita
   STANIFORD TOMITA LLP
   
   PO BOX 591838
   SAN FRANCISCO, California 94159
Mailing Address:    Paul K. Tomita
   STANIFORD TOMITA LLP
   PO BOX 591838
   SAN FRANCISCO, California 94159
        
Serial Number: 88291857
Internet Transmission Date: Thu May 21 19:14:53 ET 2020
TEAS Stamp: USPTO/RFR-XXXX:XXX:XXX:XXXX:XXXX:XXXX:XX
XX:XXXX-20200521191453857584-88291857-71
0c0d970173f4cc2d66bb0d54f2213f3e851dcfc6
771f060639a8dc4e30522aa0-N/A-N/A-2020052
1190504542810