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. 88301019 PHALANX(Standard Characters, see http://uspto.report/TM/88301019/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware; computer software; mobile applications; application software; computer software applications; downloadable computer software applications; communication software; software for monitoring, controlling and running physical world operations; communications networks; computer software platforms; mobile application platforms; software for commerce over a global communications network; computer hardware and software for use in business operations; artificial intelligence and machine learning software; artificial intelligence software for analysis; machine learning software for analysis; workflow software; workflow applications; workflow management system software; computer software for the remote analysis and control of machines and equipment; product lifecycle management software; project management software; mobile device management software; computer hardware and software for managing field work, resources and industrial assets; computer software for use in planning, capturing and tracking progress of jobs, people and equipment; computer software for tracking and identifying people and objects; computer software for tracking and managing resources; predictive maintenance software; computer software for use in monitoring industrial processes; computer software for managing and interrogating the industrial internet of things; Internet of Things gateways; computer application software for use in implementing the Internet of Things; computer hardware modules for use in electronic devices using the Internet of Things; computer hardware and software system for tracking people and objects using RFID tags and readers; tracking devices; remote monitoring apparatus; radio-frequency identification (RFID) tags; radio-frequency identification (RFID) readers; electronic tags; electronic tracking apparatus and instruments; parts and fittings for tracking devices, RFID tags and readers; barcode scanners; optical Barcode Recognition software; databases; data management software; data and file management and database software; computer software for accessing, browsing and searching online databases; real-time data processing apparatus; intelligent gateways for real-time data analysis; apparatus for data storage; data storage devices and 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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer hardware; computer software; recorded and downloadable cloud-based computer software in the nature of operating software, database management software, workflow management software and resource management software; mobile applications; downloadable cloud-based mobile applications for use in database management, workflow management and resource management; application software; downloadable cloud-based application software for mobile phones and mobile devices, namely, software for use in database management, workflow management and resource management; computer software applications; downloadable cloud-based computer software applications for use in database management, workflow management and resource management; downloadable computer software applications; downloadable cloud-based communication software for providing access to databases and stored data; communication software; downloadable cloud-based computer software for monitoring, controlling and running physical world operations; software for monitoring, controlling and running physical world operations; electronic devices for locating and tracking machinery and equipment using cellular communications networks; communications networks; downloadable cloud-based computer software platforms for database management, workflow management and resource management; computer software platforms; downloadable cloud-based mobile application platforms for database management, workflow management and resource management; mobile application platforms; downloadable cloud-based software for commerce over a global communications network; software for commerce over a global communications network; computer hardware and downloadable cloud-based software for use in business operations; computer hardware and software for use in business operations; downloadable cloud-based artificial intelligence and machine learning software; artificial intelligence and machine learning software; downloadable cloud-based artificial intelligence software for analysis; artificial intelligence software for analysis; downloadable cloud-based machine learning software for analysis; machine learning software for analysis; downloadable cloud-based workflow software; workflow software; downloadable mobile applications for managing workflow; workflow applications; downloadable cloud-based workflow management system software; workflow management system software; downloadable cloud-based computer software for the remote analysis and control of machines and equipment; computer software for the remote analysis and control of machines and equipment; downloadable cloud-based product lifecycle management software; product lifecycle management software; downloadable cloud-based project management software; project management software; downloadable cloud-based mobile device management software; mobile device management software; computer hardware and downloadable cloud-based software for managing field work, resources and industrial assets; computer hardware and software for managing field work, resources and industrial assets; downloadable cloud-based computer software for use in planning, capturing and tracking progress of jobs, people and equipment; computer software for use in planning, capturing and tracking progress of jobs, people and equipment; downloadable cloud-based computer software for tracking and identifying people and objects; computer software for tracking and identifying people and objects; downloadable cloud-based computer software for tracking and managing resources; computer software for tracking and managing resources; downloadable cloud-based predictive maintenance software; predictive maintenance software; downloadable cloud-based computer software for use in monitoring industrial processes; computer software for use in monitoring industrial processes; downloadable cloud-based computer software for managing and interrogating the industrial internet of things; computer software for managing and interrogating the industrial internet of things; Internet of Things gateways, namely, downloadable cloud-based software for connecting, operating, and managing networked industrial equipment and assets; Internet of Things gateways; downloadable cloud-based computer application software for use in implementing the Internet of Things; computer application software for use in implementing the Internet of Things; computer hardware modules for use in electronic devices using the Internet of Things; computer hardware and downloadable cloud-based software system for tracking people and objects using RFID tags and readers; computer hardware and software system for tracking people and objects using RFID tags and readers; radio-frequency identification (RFID) tags; tracking devices; radio-frequency identification (RFID) readers; remote monitoring apparatus; electronic tags for goods; structural parts and fittings for RFID tags and readers; barcode scanners; electronic tags; downloadable cloud-based optical Barcode Recognition software; electronic tracking apparatus and instruments; downloadable cloud-based data management software; parts and fittings for tracking devices, RFID tags and readers; downloadable cloud-based data and file management and database management software; downloadable cloud-based computer software for accessing, browsing and searching online databases; optical Barcode Recognition software; real-time data processing apparatus; databases; intelligent gateways for real-time data analysis, namely, downloadable cloud-based computer software for providing online database and data analysis in relation to machine and equipment performance and life cycles; data management software; apparatus for data storage being blank hard drives for computers; data and file management and database software; computer hardware modules for use with electronic devices using the Internet of Things.; computer software for accessing, browsing and searching online databases; intelligent gateways for real-time data analysis; apparatus for data storage; data storage devices and mediaClass 009 for Computer hardware; recorded and downloadable cloud-based computer software in the nature of operating software, database management software, workflow management software and resource management software; downloadable cloud-based mobile applications for use in database management, workflow management and resource management; downloadable cloud-based application software for mobile phones and mobile devices, namely, software for use in database management, workflow management and resource management; downloadable cloud-based computer software applications for use in database management, workflow management and resource management; downloadable cloud-based communication software for providing access to databases and stored data; downloadable cloud-based computer software for monitoring, controlling and running physical world operations; electronic devices for locating and tracking machinery and equipment using cellular communications networks; downloadable cloud-based computer software platforms for database management, workflow management and resource management; downloadable cloud-based mobile application platforms for database management, workflow management and resource management; downloadable cloud-based software for commerce over a global communications network; computer hardware and downloadable cloud-based software for use in business operations; downloadable cloud-based artificial intelligence and machine learning software; downloadable cloud-based artificial intelligence software for analysis; downloadable cloud-based machine learning software for analysis; downloadable cloud-based workflow software; downloadable mobile applications for managing workflow; downloadable cloud-based workflow management system software; downloadable cloud-based computer software for the remote analysis and control of machines and equipment; downloadable cloud-based product lifecycle management software; downloadable cloud-based project management software; downloadable cloud-based mobile device management software; computer hardware and downloadable cloud-based software for managing field work, resources and industrial assets; downloadable cloud-based computer software for use in planning, capturing and tracking progress of jobs, people and equipment; downloadable cloud-based computer software for tracking and identifying people and objects; downloadable cloud-based computer software for tracking and managing resources; downloadable cloud-based predictive maintenance software; downloadable cloud-based computer software for use in monitoring industrial processes; downloadable cloud-based computer software for managing and interrogating the industrial internet of things; Internet of Things gateways, namely, downloadable cloud-based software for connecting, operating, and managing networked industrial equipment and assets; downloadable cloud-based computer application software for use in implementing the Internet of Things; computer hardware modules for use in electronic devices using the Internet of Things; computer hardware and downloadable cloud-based software system for tracking people and objects using RFID tags and readers; radio-frequency identification (RFID) tags; radio-frequency identification (RFID) readers; electronic tags for goods; structural parts and fittings for RFID tags and readers; barcode scanners; downloadable cloud-based optical Barcode Recognition software; downloadable cloud-based data management software; downloadable cloud-based data and file management and database management software; downloadable cloud-based computer software for accessing, browsing and searching online databases; real-time data processing apparatus; intelligent gateways for real-time data analysis, namely, downloadable cloud-based computer software for providing online database and data analysis in relation to machine and equipment performance and life cycles; apparatus for data storage being blank hard drives for computers; computer hardware modules for use with electronic devices using the Internet of Things.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3372966 registered 04/26/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-661938210-114932052_._PHALANX_REGISTRATION_CERTIFICATE.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Provision of access to content, websites and portals; providing real-time access to information via data networks; providing access to a computer database; communications services; computer communication and Internet access; communications via radio; mobile communication; digital communication; data communication services; communication services for the transmission of information; computer aided transmission of messages, information, data and images; data transmission and data broadcasting; electronic transmission of data; electronic exchange of data stored in databases accessible via telecommunication networks; cable and satellite radio transmission; secure transmission of data, sound or images; wireless transfer of data via the Internet; leasing of telecommunications installations and apparatus; providing third party users with access to telecommunication infrastructure; rental of wireless telecommunications equipment; provision of access to content, websites and portals; telecommunication services provided via Internet platforms and portals; providing user access to platforms on the Internet; telecommunications portal services; providing user access to computer programmes in data networks; provision of access to data or documents stored electronically in central files for remote consultation; operation and leasing of local area networks; rental of communications systems and equipment; communication via virtual private networks; providing virtual private network (VPN) services; mobile radio communication; wireless transfer of data via digital mobile telephony; electronic exchange of data stored in databases accessible via telecommunication networks; information, advisory and consultancy in relation to all of the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Provision of access to content, websites and portals; Provision of internet access to content, websites and portals; providing real-time access to information via data networks; providing real-time internet access to information via data networks; providing access to a computer database; communications services; communications services, namely, electronic transmission of data and documents among users of computers; computer communication and Internet access; computer terminal communication; providing Internet access; mobile communication; communications via radio; digital communication; mobile telephone communication; data communication services; communication via computer terminals by digital transmission; communication services for the transmission of information; data communication services, namely, data communication by electronic mail; communication services, namely, transmission of information in the form of audio and video, electronic documents, electronic data and graphics, via the Internet; data transmission and data broadcasting; computer aided transmission of messages, information, data and images; electronic data transmission; electronic transmission of data by satellite, computer terminals, wireless computer networks and the internet; electronic transmission of data; secure transmission of data, sound or images; electronic exchange of data stored in databases accessible via telecommunication networks; wireless transfer of data via the Internet; cable and satellite radio transmission; leasing of telecommunications installations and apparatus; secure electronic transmission of data, sound or images; wireless transfer of data via the Internet by telecommunication; leasing of telecommunications equipment in the nature of installations and apparatus; provision of access to content, websites and portals; providing third party users with access to telecommunication infrastructure; telecommunication services provided via Internet platforms and portals; rental of wireless telecommunications equipment; providing user access to platforms on the Internet; telecommunication services provided via Internet platforms and portals for the transfer of images, messages, audio, visual, audio-visual and multimedia works and electronic data and documents; telecommunications portal services; providing user access to electronic sites in the nature of platforms on the Internet; telecommunications portal services being telecommunications gateway services; providing user access to computer programmes in data networks; operation and leasing of local area networks; provision of access to data or documents stored electronically in central files for remote consultation; rental of communications systems and equipment; operation of local area networks being electronic transmission of data via local area networks and leasing of telecommunication equipment in the nature of local area networks; communication via virtual private networks; rental of telecommunications systems in the nature of apparatus and equipment; providing virtual private network (VPN) services for communication via virtual private networks; providing virtual private network (VPN) services; wireless transfer of data via digital mobile telephony; mobile radio communication; electronic exchange of data stored in databases accessible via telecommunication networks; wireless transfer of data via digital mobile telephony by telecommunication; information, advisory and consultancy in relation to all of the aforesaid services; information, advisory and consultancy in relation to all of the aforesaid services and none of the aforesaid relating to sports, physical fitness, exercise or nutrition; information transmission via electronic communications networksClass 038 for Provision of internet access to content, websites and portals; providing real-time internet access to information via data networks; providing access to a computer database; communications services, namely, electronic transmission of data and documents among users of computers; computer terminal communication; providing Internet access; communications via radio; mobile telephone communication; communication via computer terminals by digital transmission; data communication services, namely, data communication by electronic mail; communication services, namely, transmission of information in the form of audio and video, electronic documents, electronic data and graphics, via the Internet; computer aided transmission of messages, information, data and images; electronic data transmission; electronic transmission of data by satellite, computer terminals, wireless computer networks and the internet; electronic transmission of data; electronic exchange of data stored in databases accessible via telecommunication networks; cable and satellite radio transmission; secure electronic transmission of data, sound or images; wireless transfer of data via the Internet by telecommunication; leasing of telecommunications equipment in the nature of installations and apparatus; providing third party users with access to telecommunication infrastructure; rental of wireless telecommunications equipment; telecommunication services provided via Internet platforms and portals for the transfer of images, messages, audio, visual, audio-visual and multimedia works and electronic data and documents; providing user access to electronic sites in the nature of platforms on the Internet; telecommunications portal services being telecommunications gateway services; providing user access to computer programmes in data networks; provision of access to data or documents stored electronically in central files for remote consultation; operation of local area networks being electronic transmission of data via local area networks and leasing of telecommunication equipment in the nature of local area networks; rental of telecommunications systems in the nature of apparatus and equipment; providing virtual private network (VPN) services for communication via virtual private networks; providing virtual private network (VPN) services; mobile radio communication; wireless transfer of data via digital mobile telephony by telecommunication; information, advisory and consultancy in relation to all of the aforesaid services and none of the aforesaid relating to sports, physical fitness, exercise or nutrition; information transmission via electronic communications networks
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3372966 registered 04/26/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU1-661938210-114932052_._PHALANX_REGISTRATION_CERTIFICATE.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software development; Software as a Service; Software as a Service for use in implementing the Internet of Things; Software as a Service relating to artificial intelligence and machine learning software, artificial intelligence software for analysis, computer software for managing and interrogating the industrial internet of things, computer hardware modules for use with electronic devices using the Internet of Things; programming of software for inventory management; programming of software for use in planning, capturing and tracking progress of jobs, people and equipment; programming of software for managing field work, resources and industrial assets; rental of computer software and hardware; Platform as a Service; development of computer platforms; design and development of artificial intelligence and machine learning software; design and development of artificial intelligence software for analysis; design and development of computer software for managing and interrogating the industrial internet of things; design and development of Internet of Things gateways; design and development of computer application software for use in implementing the Internet of Things; design and development of computer hardware modules for use in electronic devices using the Internet of Things; electronic data storage; computerised data storage; rental of computer hardware and software system for tracking people and objects using RFID tags and readers, tracking devices, remote monitoring apparatus, radio-frequency identification (RFID) tags, radio-frequency identification (RFID) readers, electronic tags, electronic tracking apparatus and instruments, barcode scanners and optical Barcode Recognition software; providing temporary use of non-downloadable software; providing temporary use of non-downloadable software for inventory management; providing temporary use of non-downloadable software for use in planning, capturing and tracking progress of jobs, people and equipment; providing temporary use of non-downloadable software for managing field work, resources and industrial assets; development of computer software for logistics, supply chain management and e-business portals; machine condition monitoring; calibration of machines; testing of machinery; engineering services for the analysis of machinery; quality control testing services for industrial machinery; advisory services relating to man-machine interfaces for computer software; installation, maintenance, updating and repair of computer software; providing temporary use of non-downloadable computer software for tracking packages and freight over computer networks, intranets and the internet; information, advisory and consultancy in relation to all of the aforesaid services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Software development; Software as a Service; Software as a Service , namely, hosting software for use by others for database management, workflow management and resource management; Software as a Service for use in implementing the Internet of Things; Software as a Service services, namely, hosting software for use by others for use in implementing the Internet of Things; Software as a Service relating to artificial intelligence and machine learning software, artificial intelligence software for analysis, computer software for managing and interrogating the industrial internet of things, computer hardware modules for use with electronic devices using the Internet of Things; Software as a Service, namely, hosting artificial intelligence and machine learning software for use by others; programming of software for inventory management; Software as a Service services, namely hosting artificial intelligence software for analysis and computer software for managing and interrogating the industrial internet of things for use by others; programming of software for use in planning, capturing and tracking progress of jobs, people and equipment; programming of computer software for inventory management for others; programming of software for managing field work, resources and industrial assets; programming of computer software for use in planning, capturing and tracking progress of jobs, people and equipment for others; programming of computer software for managing field work, resources and industrial assets for others; Platform as a Service; rental of computer software and hardware; Platform as a Service services featuring computer software platforms for database management, workflow management and resource management; development of computer platforms; design and development of artificial intelligence and machine learning software; design and development of artificial intelligence software for analysis; design and development of Internet of Things gateways; design and development of computer software for managing and interrogating the industrial internet of things; design and development of Internet of Things gateway software; design and development of computer application software for use in implementing the Internet of Things; design and development of computer hardware modules for use in electronic devices using the Internet of Things; computerised data storage; electronic data storage; computerised electronic data storage; providing temporary use of non-downloadable software; rental of computer hardware and software system for tracking people and objects using RFID tags and readers, tracking devices, remote monitoring apparatus, radio-frequency identification (RFID) tags, radio-frequency identification (RFID) readers, electronic tags, electronic tracking apparatus and instruments, barcode scanners and optical Barcode Recognition software; providing temporary use of non-downloadable software being operating software, database management software, workflow management software and resource management software; providing temporary use of non-downloadable software for use in planning, capturing and tracking progress of jobs, people and equipment; providing temporary use of non-downloadable software for inventory management; providing temporary use of non-downloadable software for managing field work, resources and industrial assets; providing temporary use of non-downloadable software for use in planning, capturing and tracking progress of jobs, people and equipment; providing temporary use of non- downloadable software for managing field work, resources and industrial assets; machine condition monitoring; development of computer software for logistics, supply chain management and e-business portals; calibration of machines; machine condition monitoring in the nature of testing the functionality of machines; testing of machinery; calibration of machines in the nature of testing the functionality of machines; testing the functionality of machinery; quality control testing services for industrial machinery; engineering services for the analysis of machinery; advisory services relating to man-machine interfaces for computer software; product quality control testing services for industrial machinery; technological advisory services relating to man-machine interfaces for computer software; installation, maintenance, updating and repair of computer software; information, advisory and consultancy in relation to all of the aforesaid services; providing temporary use of non-downloadable computer software for tracking packages and freight over computer networks, intranets and the internet; information, advisory and consultancy in relation to all of the aforesaid services.Class 042 for Software development; Software as a Service , namely, hosting software for use by others for database management, workflow management and resource management; Software as a Service services, namely, hosting software for use by others for use in implementing the Internet of Things; Software as a Service, namely, hosting artificial intelligence and machine learning software for use by others; Software as a Service services, namely hosting artificial intelligence software for analysis and computer software for managing and interrogating the industrial internet of things for use by others; programming of computer software for inventory management for others; programming of computer software for use in planning, capturing and tracking progress of jobs, people and equipment for others; programming of computer software for managing field work, resources and industrial assets for others; rental of computer software and hardware; Platform as a Service services featuring computer software platforms for database management, workflow management and resource management; development of computer platforms; design and development of artificial intelligence and machine learning software; design and development of artificial intelligence software for analysis; design and development of computer software for managing and interrogating the industrial internet of things; design and development of Internet of Things gateway software; design and development of computer application software for use in implementing the Internet of Things; design and development of computer hardware modules for use in electronic devices using the Internet of Things; electronic data storage; computerised electronic data storage; rental of computer hardware and software system for tracking people and objects using RFID tags and readers, tracking devices, remote monitoring apparatus, radio-frequency identification (RFID) tags, radio-frequency identification (RFID) readers, electronic tags, electronic tracking apparatus and instruments, barcode scanners and optical Barcode Recognition software; providing temporary use of non-downloadable software being operating software, database management software, workflow management software and resource management software; providing temporary use of non-downloadable software for inventory management; providing temporary use of non-downloadable software for use in planning, capturing and tracking progress of jobs, people and equipment; providing temporary use of non- downloadable software for managing field work, resources and industrial assets; development of computer software for logistics, supply chain management and e-business portals; machine condition monitoring in the nature of testing the functionality of machines; calibration of machines in the nature of testing the functionality of machines; testing the functionality of machinery; engineering services for the analysis of machinery; product quality control testing services for industrial machinery; technological advisory services relating to man-machine interfaces for computer software; installation, maintenance, updating and repair of computer software; providing temporary use of non-downloadable computer software for tracking packages and freight over computer networks, intranets and the internet; information, advisory and consultancy in relation to all of the aforesaid 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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ United Kingdom application number 3372966 filed 02/05/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number 3372966 registered 04/26/2019 with a renewal date of __________ and an expiration date of __________ ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU2-661938210-114932052_._PHALANX_REGISTRATION_CERTIFICATE.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3

The applicant's current attorney information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      US
The docket/reference number is 400423-20003.

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com

The applicants proposed attorney information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      United States
The docket/reference number is 400423-20003.

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com

Thomas W. Cole 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: THOMAS W. COLE. THOMAS W. COLE of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      US
The docket/reference number is 400423-20003.

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com; trademarks@rmsc2.com

The applicants proposed correspondence information: Thomas W. Cole. Thomas W. Cole of ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C., is located at

      7918 JONES BRANCH DRIVE, SUITE 500
      MCLEAN, Virginia 22102
      United States
The docket/reference number is 400423-20003.

The phone number is 703-677-3001.

The fax number is 703-848-2981.

The email address is tcole@rmsc2.com; trademarks@rmsc2.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant filed this application under Sections 1(b) and 44(d). Applicant's corresponding UK Registration No. 3372966 is attached hereto. Applicant would like to delete the intent to use basis so that the registration can issue based on the foreign registration. However, if for some reason the attached foreign registration is defective, Applicant would like to maintain its dual filing basis. Applicant submits this application is now in condition for publication. Any questions may be addressed to the undersigned.


SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Thomas W. Cole/      Date: 10/29/2019
Signatory's Name: Thomas W. Cole
Signatory's Position: Attorney VA bar
Signatory's Phone Number: 703-677-3001


Response Signature
Signature: /Thomas W. Cole/     Date: 10/29/2019
Signatory's Name: Thomas W. Cole
Signatory's Position: Attorney VA bar

Signatory's Phone Number: 703-677-3001

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:    THOMAS W. COLE
   ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
   
   7918 JONES BRANCH DRIVE, SUITE 500
   MCLEAN, Virginia 22102
Mailing Address:    Thomas W. Cole
   ROBERTS MLOTKOWSKI SAFRAN COLE & CALDERON P.C.
   7918 JONES BRANCH DRIVE, SUITE 500
   MCLEAN, Virginia 22102
        
Serial Number: 88301019
Internet Transmission Date: Tue Oct 29 12:16:57 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20191029121657139
092-88301019-7009ace90e795af28269c9bd935
c6a3cedfc996796f24a8d5d589124725394acbf-
N/A-N/A-20191029114932052631