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. 88291857 ECL COMMAND CENTER(Standard Characters, see http://uspto.report/TM/88291857/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments in response to Office Action. has been attached.
Original PDF file:
evi_172823280-20191029231536293653_._ELC14_ECL_COMMAND_CENTER_Response_10292019.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Monitoring medical laboratory services; monitoring scientific laboratory services; monitoring laboratory experiments conducted on behalf of others; software as a service featuring software for monitoring laboratory experiments and environment data; monitoring of scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; biopharmaceutical research and scientific testing services; monitoring product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; monitoring toxicological safety testing services for pharmaceuticals, chemicals, and consumer products
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 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: Monitoring medical laboratory services; Medical laboratory services; monitoring scientific laboratory services; scientific laboratory services; monitoring laboratory experiments conducted on behalf of others; conducting laboratory experiments remotely; software as a service featuring software for monitoring laboratory experiments and environment data; 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; monitoring of scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; remote scientific testing services of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; biopharmaceutical research and scientific testing services; biopharmaceutical research design and scientific testing services; monitoring product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; product safety and quality assurance testing services for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; monitoring toxicological safety testing services for pharmaceuticals, chemicals, and consumer products; 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.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.
The applicant's current attorney information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      US
The docket/reference number is ECL.14.

The phone number is 415-305-8948.

The email address is paul@st-ip.com

The applicants proposed attorney information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      United States
The docket/reference number is ECL.14.

The phone number is 415-305-8948.

The email address is paul@st-ip.com

Paul K. Tomita 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: PAUL K. TOMITA. PAUL K. TOMITA of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      US
The docket/reference number is ECL.14.

The phone number is 415-305-8948.

The email address is paul@st-ip.com; ptomita@gmail.com; lana@st-ip.com

The applicants proposed correspondence information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      United States
The docket/reference number is ECL.14.

The phone number is 415-305-8948.

The email address is paul@st-ip.com; ptomita@gmail.com; lana@st-ip.com

SIGNATURE(S)
Response Signature
Signature: /Paul K. Tomita/     Date: 10/29/2019
Signatory's Name: Paul K. Tomita
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 4153058948

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:    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: Tue Oct 29 23:19:51 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20191029231951363
174-88291857-700e21b307f345af65ea471d891
86e989a6beeccb51b46fdc850c2e385abb9f34e-
N/A-N/A-20191029231536293653