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. 88302602 TREETAGS(Standard Characters, see http://uspto.report/TM/88302602/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 Electronic databases in the field of genealogical historical data, family history data, census data, birth, marriage and death records, photographs and graphical representations of family trees recorded on computer media; computer software for creating, managing, recording, searching, indexing, filtering and retrieving genealogical historical data, family history data, census data, and birth, marriage and death records; computer software for creating, managing, recording, searching, indexing, filtering and retrieving sound and image files; computer software for use in creating, displaying, sharing and storing multimedia presentation files that include photographs and sound; computer software for graphically depicting genealogical historical data and family history data; computer software to enable searching of data and for connection to databases and the Internet; computer software that allows interaction between Internet sites; computer software for production of genealogical tables and charts; downloadable electronic publications in the nature of magazines and newsletters in the field of genealogy and family history; downloadable reports, articles, bulletins, newsletters, tables, and charts relating to genealogical historical data, family history data, census data, and birth, marriage and death records; computer software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer application software for mobile phones and handheld computers, namely, software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable software in the nature of a mobile application for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; computer application software for mobile phones and handheld computers for researching and managing genealogical information collected during family history and genealogical research
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: Electronic databases in the field of genealogical historical data, family history data, census data, birth, marriage and death records, photographs and graphical representations of family trees recorded on computer media; computer software for creating, managing, recording, searching, indexing, filtering and retrieving genealogical historical data, family history data, census data, and birth, marriage and death records; downloadable computer software for creating, managing, recording, searching, indexing, filtering and retrieving genealogical historical data, family history data, census data, and birth, marriage and death records; computer software for creating, managing, recording, searching, indexing, filtering and retrieving sound and image files; downloadable computer software for creating, managing, recording, searching, indexing, filtering and retrieving sound and image files; computer software for use in creating, displaying, sharing and storing multimedia presentation files that include photographs and sound; computer software for graphically depicting genealogical historical data and family history data; downloadable computer software for graphically depicting genealogical historical data and family history data; computer software to enable searching of data and for connection to databases and the Internet; downloadable computer software to enable searching of data and for connection to databases and the Internet; computer software that allows interaction between Internet sites; computer software for production of genealogical tables and charts; downloadable computer software for production of genealogical tables and charts; downloadable electronic publications in the nature of magazines and newsletters in the field of genealogy and family history; downloadable reports, articles, bulletins, newsletters, tables, and charts relating to genealogical historical data, family history data, census data, and birth, marriage and death records; computer software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable computer software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer application software for mobile phones and handheld computers, namely, software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable computer application software for mobile phones and handheld computers, namely, software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable software in the nature of a mobile application for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; downloadable computer software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; computer application software for mobile phones and handheld computers for researching and managing genealogical information collected during family history and genealogical researchClass 009 for Electronic databases in the field of genealogical historical data, family history data, census data, birth, marriage and death records, photographs and graphical representations of family trees recorded on computer media; downloadable computer software for creating, managing, recording, searching, indexing, filtering and retrieving genealogical historical data, family history data, census data, and birth, marriage and death records; downloadable computer software for creating, managing, recording, searching, indexing, filtering and retrieving sound and image files; computer software for use in creating, displaying, sharing and storing multimedia presentation files that include photographs and sound; downloadable computer software for graphically depicting genealogical historical data and family history data; downloadable computer software to enable searching of data and for connection to databases and the Internet; computer software that allows interaction between Internet sites; downloadable computer software for production of genealogical tables and charts; downloadable electronic publications in the nature of magazines and newsletters in the field of genealogy and family history; downloadable reports, articles, bulletins, newsletters, tables, and charts relating to genealogical historical data, family history data, census data, and birth, marriage and death records; downloadable computer software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable computer application software for mobile phones and handheld computers, namely, software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable software in the nature of a mobile application for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; downloadable computer software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; computer application software for mobile phones and handheld computers for researching and managing genealogical information collected during family history and genealogical research
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for Providing a searchable online computer database of historical information, historical news articles, and historical news clippings; providing an online resource center, namely, online articles and papers in the fields of genealogy and family history; providing a website featuring online publications in the nature of articles, journals, brochures, leaflets, guides and manuals in the fields of genealogy and family history; providing an online publication in the nature of an interactive encyclopedia in the fields of genealogy and family history
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: Providing a searchable online computer database of historical information, historical news articles, and historical news clippings; providing an online resource center, namely, online articles and papers in the fields of genealogy and family history; providing an online resource center, namely, non-downloadable online articles and papers in the fields of genealogy and family history; providing a website featuring online publications in the nature of articles, journals, brochures, leaflets, guides and manuals in the fields of genealogy and family history; providing a website featuring non-downloadable online publications in the nature of articles, journals, brochures, leaflets, guides and manuals in the fields of genealogy and family history; providing an online publication in the nature of an interactive encyclopedia in the fields of genealogy and family historyClass 041 for Providing a searchable online computer database of historical information, historical news articles, and historical news clippings; providing an online resource center, namely, non-downloadable online articles and papers in the fields of genealogy and family history; providing a website featuring non-downloadable online publications in the nature of articles, journals, brochures, leaflets, guides and manuals in the fields of genealogy and family history; providing an online publication in the nature of an interactive encyclopedia in the fields of genealogy and family history
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider services featuring software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software that enables family groups to create and maintain personalized websites for the purpose of sharing information regarding family members; hosting of digital content on the Internet, namely, hosting on-line journals and blogs in the field of genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access data, information, photo albums and calendars; providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs in the field of genealogy and family history; providing scientific analysis in the field of genetic and family history and genealogy; reporting services based upon the results of laboratory testing in the field of genetic and family history and genealogy; providing online computer databases featuring information based on the results of genetic testing for research purposes; application service provider services featuring software for providing access to databases that contain the results of genetic and family history testing; application service provider services featuring software for use in data management, data storage, data analysis, report generation, user identification, and membership identification, all in the field of genetic and family history and genealogy; scientific research in the field of genetic and family history and genealogy; DNA testing services for non-medical use, namely, DNA testing for investigating and learning about genealogical and family history; hosting of digital content on the Internet, namely, hosting historical data and information and on-line journals and blogs in the field of historical data and information, genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access and share information and data in the fields of historical data and information, genealogy and family history; providing temporary use of non-downloadable software for use in creating, displaying, sharing and storing information and data in the field of historical data and information, genealogy and family history; providing temporary use of non-downloadable computer software that enables family groups to create and maintain personalized websites for the purpose of sharing information regarding family members; application service provider featuring software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; providing temporary use of non-downloadable software applications for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer services, namely, hosting of digital content on the internet; peer-to-peer browser photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos; digitization of photographs and documents; computer services in the nature of customized web pages featuring user-defined information and personal profiles; providing a web site featuring temporary use of non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; providing a website featuring resources, namely, non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information
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: Application service provider services featuring software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software that enables family groups to create and maintain personalized websites for the purpose of sharing information regarding family members; hosting of digital content on the Internet, namely, hosting on-line journals and blogs in the field of genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access data, information, photo albums and calendars; providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs in the field of genealogy and family history; providing scientific analysis in the field of genetic and family history and genealogy; reporting services based upon the results of laboratory testing in the field of genetic and family history and genealogy; providing online computer databases featuring information based on the results of genetic testing for research purposes; application service provider services featuring software for providing access to databases that contain the results of genetic and family history testing; application service provider services featuring software for use in data management, data storage, data analysis, report generation, user identification, and membership identification, all in the field of genetic and family history and genealogy; scientific research in the field of genetic and family history and genealogy; DNA testing services for non-medical use, namely, DNA testing for investigating and learning about genealogical and family history; hosting of digital content on the Internet, namely, hosting historical data and information and on-line journals and blogs in the field of historical data and information, genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access and share information and data in the fields of historical data and information, genealogy and family history; providing temporary use of non-downloadable software for use in creating, displaying, sharing and storing information and data in the field of historical data and information, genealogy and family history; providing temporary use of non-downloadable computer software that enables family groups to create and maintain personalized websites for the purpose of sharing information regarding family members; application service provider featuring software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; providing temporary use of non-downloadable software applications for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer services, namely, hosting of digital content on the internet; peer-to-peer browser photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos; digitization of photographs and documents; computer services in the nature of developing customized web pages featuring user-defined information and personal profiles; computer services in the nature of customized web pages featuring user-defined information and personal profiles; providing a web site which allows users temporary use of non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; providing a web site featuring temporary use of non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; providing a website featuring resources, namely, non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such informationClass 042 for Application service provider services featuring software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software for use in creating, displaying, sharing and storing multimedia presentations that include photographs and sound, all in the field of genealogy and family history; providing temporary use of non-downloadable computer software that enables family groups to create and maintain personalized websites for the purpose of sharing information regarding family members; hosting of digital content on the Internet, namely, hosting on-line journals and blogs in the field of genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access data, information, photo albums and calendars; providing temporary use of non-downloadable computer software for use in the creation and publication of on-line journals and blogs in the field of genealogy and family history; providing scientific analysis in the field of genetic and family history and genealogy; reporting services based upon the results of laboratory testing in the field of genetic and family history and genealogy; providing online computer databases featuring information based on the results of genetic testing for research purposes; application service provider services featuring software for providing access to databases that contain the results of genetic and family history testing; application service provider services featuring software for use in data management, data storage, data analysis, report generation, user identification, and membership identification, all in the field of genetic and family history and genealogy; scientific research in the field of genetic and family history and genealogy; DNA testing services for non-medical use, namely, DNA testing for investigating and learning about genealogical and family history; hosting of digital content on the Internet, namely, hosting historical data and information and on-line journals and blogs in the field of historical data and information, genealogy and family history; computer services, namely, hosting and maintaining an online website for others to access and share information and data in the fields of historical data and information, genealogy and family history; providing temporary use of non-downloadable software for use in creating, displaying, sharing and storing information and data in the field of historical data and information, genealogy and family history; application service provider featuring software for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; providing temporary use of non-downloadable software applications for uploading, scanning, digitizing, viewing, organizing, sharing and editing photographs and for integrating photographs into genealogical databases and family trees; computer services, namely, hosting of digital content on the internet; peer-to-peer browser photo sharing services, namely, providing a website featuring technology enabling users to upload, view, and download digital photos; digitization of photographs and documents; computer services in the nature of developing customized web pages featuring user-defined information and personal profiles; providing a web site which allows users temporary use of non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information; providing a website featuring resources, namely, non-downloadable software for keeping track of genealogical information collected during family history and genealogical research and used to create reports, charts, and books containing such information
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.

SIGNATURE(S)
Response Signature
Signature: /Brandon M. Ress/     Date: 10/22/2019
Signatory's Name: Brandon M. Ress
Signatory's Position: Attorney of record, Texas bar member

Signatory's Phone Number: 5124572045

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.

        
Serial Number: 88302602
Internet Transmission Date: Tue Oct 22 12:16:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2019102212164924
0063-88302602-610dd96f3ff2638d2924287cf8
7d4a8139ee77e119383a7d3dc80596b95d0524c-
N/A-N/A-20191022093241865493