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)

---

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. 88298190 DIGITAL MEDIA BANK(Standard Characters, see http://uspto.report/TM/88298190/mark.png) has been amended as follows:

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

Please find arguments attached in the Evidence Section. Thank you!

EVIDENCE

Original PDF file:
evi_1849617446-20191107231616772614_._Response_DIGITAL_MEDIA_BANK.pdf
Converted PDF file(s) ( 7 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7

CLASSIFICATION AND LISTING OF GOODS/SERVICES

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 securely integrating Internet portal access and datacenters in order to provide users certified media with 3D geographic location information, date and time, title, and group identifiers; Platform as a Service (PaaS) featuring technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media; Computer services, namely, computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media
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 securely integrating Internet portal access and datacenters in order to provide users certified media with 3D geographic location information, date and time, title, and group identifiers; Platform as a Service (PaaS) featuring technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media; Computer services, namely, computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, online non-downloadable computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media; Computer services, namely, online non-downloadable computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual mediaClass 042 for Platform as a service (PaaS) featuring computer software platforms for securely integrating Internet portal access and datacenters in order to provide users certified media with 3D geographic location information, date and time, title, and group identifiers; Platform as a Service (PaaS) featuring technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media; Computer services, namely, online non-downloadable computer software platforms for securely integrating internet portal access and datacenters in order to provide users certified media with 3D geographic location information, data, and time, title, and group identifiers; Computer services, namely, online non-downloadable computer software technology for processing, securely transmitting, and certifying images, videos, sound recordings, and other visual media
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: Miya Yusa. Miya Yusa of POLSINELLI LLP, is located at

      THREE EMBARCADERO CENTER, SUITE 2400
      SAN FRANCISCO, California 94111
      US
The docket/reference number is 084842574183.

The email address is uspt@polsinelli.com

The applicants proposed attorney information: Miya Yusa. Other appointed attorneys are Adam S. Weiss; Matthew J. Smith; Daniel P. Mullarkey; Rachel A. Rice; and Monica M. Gutierrez. Miya Yusa of POLSINELLI 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

      THREE EMBARCADERO CENTER, SUITE 2400
      SAN FRANCISCO, California 94111
      United States
The docket/reference number is 084842574183.

The email address is uspt@polsinelli.com

Miya Yusa 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: MIYA YUSA. MIYA YUSA of POLSINELLI LLP, is located at

      THREE EMBARCADERO CENTER, SUITE 2400
      SAN FRANCISCO, California 94111
      US
The docket/reference number is 084842574183.

The email address is uspt@polsinelli.com; tmsanfrancisco@polsinelli.com; ipdocket@polsinelli.com

The applicants proposed correspondence information: Miya Yusa. Miya Yusa of POLSINELLI LLP, is located at

      THREE EMBARCADERO CENTER, SUITE 2400
      SAN FRANCISCO, California 94111
      United States
The docket/reference number is 084842574183.

The email address is uspt@polsinelli.com; rrice@polsinelli.com; vharvey@polsinelli.com; myusa@polsinelli.com

SIGNATURE(S)
Response Signature
Signature: /Rachel A. Rice/     Date: 11/07/2019
Signatory's Name: Rachel A. Rice
Signatory's Position: Attorney, Polsinelli PC, Colorado Bar Member

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:    MIYA YUSA
   POLSINELLI LLP
   
   THREE EMBARCADERO CENTER, SUITE 2400
   SAN FRANCISCO, California 94111
Mailing Address:    Miya Yusa
   POLSINELLI LLP
   THREE EMBARCADERO CENTER, SUITE 2400
   SAN FRANCISCO, California 94111
        
Serial Number: 88298190
Internet Transmission Date: Thu Nov 07 23:19:11 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2019110723191140
9683-88298190-700433b53e3717141d8f0368ed
083d84548b903bbbbca099caa28bc38bbf9ad67-
N/A-N/A-20191107231616772614