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. 88307133 FANATICAL EXPERIENCE(Standard Characters, see http://uspto.report/TM/88307133/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 035 for Business consulting and information services; Business assistance, management and information services; Business assistance, advisory, management, and consulting services, namely, helping businesses and organizations solve business problems and make business decisions in the field of cloud computing, cloud hosting, managed hosting, server hosting, managed server hosting, data security and information technology infrastructure; Business networking in the field of cloud computing and information technology; Arranging and conducting business conferences, business forums, and exhibitions in the field of cloud computing, programmer's documentation, and information technology; Customer services in the fields of cloud computing, cloud hosting, managed hosting, hosting, server hosting, managed server hosting, computer operating systems, software applications, computer hardware, leasing of computer hardware and software, customization of computer hardware and software, server and device administration, computer storage, computer hardware and software monitoring, reporting, security, deployment and scaling, data management, technology planning, delivery management, and technical support; Providing troubleshooting assistance to customers in the field of cloud computing, software applications, hosting, websites, databases, and digital content; Providing an online business account administration service for others in the field of hosting and management of computer hardware, computer operating systems, and computer application infrastructure; Promoting public awareness of the standards and issues in the field of cloud computing; Assistance to others in business development and consulting related thereto
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: Business consulting and information services; Business assistance, management and information services; Business assistance, advisory, management, and consulting services, namely, helping businesses and organizations solve business problems and make business decisions in the field of cloud computing, cloud hosting, managed hosting, server hosting, managed server hosting, data security and information technology infrastructure; Business networking in the field of cloud computing and information technology; Arranging and conducting business conferences, business forums, and exhibitions in the field of cloud computing, programmer's documentation, and information technology; Arranging and conducting business conferences, business forums, and exhibitions for commercial or advertising purposes in the field of cloud computing, programmer's documentation, and information technology; Customer services in the fields of cloud computing, cloud hosting, managed hosting, hosting, server hosting, managed server hosting, computer operating systems, software applications, computer hardware, leasing of computer hardware and software, customization of computer hardware and software, server and device administration, computer storage, computer hardware and software monitoring, reporting, security, deployment and scaling, data management, technology planning, delivery management, and technical support; Customer services, namely, responding to customers inquiries for others in the fields of cloud computing, cloud hosting, managed hosting, server hosting, managed server hosting, computer operating systems, software applications, computer hardware, leasing of computer hardware and software, customization of computer hardware and software, server and device administration, computer storage, computer hardware and software monitoring, reporting, security, deployment and scaling, data management, technology planning, delivery management, and technical support; Providing troubleshooting assistance to customers in the field of cloud computing, software applications, hosting, websites, databases, and digital content; Providing an online business account administration service for others in the field of hosting and management of computer hardware, computer operating systems, and computer application infrastructure; Promoting public awareness of the standards and issues in the field of cloud computing; assistance to others in business development and consulting related thereto; Database administration services, namely, updating and maintenance of data in computer databases; Business consulting services relating to the integration of the areas of business process technology, change management and operational sustainability; Disaster recovery services, namely, business planning and business continuity consultingClass 035 for Business consulting and information services; Business assistance, management and information services; Business assistance, advisory, management, and consulting services, namely, helping businesses and organizations solve business problems and make business decisions in the field of cloud computing, cloud hosting, managed hosting, server hosting, managed server hosting, data security and information technology infrastructure; Business networking in the field of cloud computing and information technology; Arranging and conducting business conferences, business forums, and exhibitions for commercial or advertising purposes in the field of cloud computing, programmer's documentation, and information technology; Customer services, namely, responding to customers inquiries for others in the fields of cloud computing, cloud hosting, managed hosting, server hosting, managed server hosting, computer operating systems, software applications, computer hardware, leasing of computer hardware and software, customization of computer hardware and software, server and device administration, computer storage, computer hardware and software monitoring, reporting, security, deployment and scaling, data management, technology planning, delivery management, and technical support; Providing an online business account administration service for others in the field of hosting and management of computer hardware, computer operating systems, and computer application infrastructure; Promoting public awareness of the standards and issues in the field of cloud computing; assistance to others in business development and consulting related thereto; Database administration services, namely, updating and maintenance of data in computer databases; Business consulting services relating to the integration of the areas of business process technology, change management and operational sustainability; Disaster recovery services, namely, business planning and business continuity consulting
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services in the application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, and the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant.

The applicant's current attorney information: Glenn Bacal. Glenn Bacal of BACAL LAW GROUP, P.C., is located at

      6991 EAST CAMELBACK ROAD, SUITE D-102
      SCOTTSDALE, Arizona 85251
      US
The docket/reference number is 60293-1076.

The phone number is 480-245-6233.

The email address is glenn.bacal@bacalgroup.com

The applicants proposed attorney information: Glenn Bacal. Glenn Bacal of BACAL LAW GROUP, P.C., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      6991 EAST CAMELBACK ROAD, SUITE D-102
      SCOTTSDALE, Arizona 85251
      United States
The docket/reference number is 60293-1076.

The phone number is 480-245-6233.

The email address is glenn.bacal@bacalgroup.com

Glenn Bacal submitted the following statement: I attest that I am an 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).
The applicant's current correspondence information: GLENN BACAL. GLENN BACAL of BACAL LAW GROUP, P.C., is located at

      6991 EAST CAMELBACK ROAD, SUITE D-102
      SCOTTSDALE, Arizona 85251
      US
The docket/reference number is 60293-1076.

The phone number is 480-245-6233.

The email address is glenn.bacal@bacalgroup.com; jamie.tuccio@bacalgroup.com

The applicants proposed correspondence information: Glenn Bacal. Glenn Bacal of BACAL LAW GROUP, P.C., is located at

      6991 EAST CAMELBACK ROAD, SUITE D-102
      SCOTTSDALE, Arizona 85251
      United States
The docket/reference number is 60293-1076.

The phone number is 480-245-6233.

The email address is glenn.bacal@bacalgroup.com; jamie.tuccio@bacalgroup.com

ADDITIONAL STATEMENTS
Miscellaneous Statement
The Applicant has amended the class 35 services in this application 88307133 largely in accordance with the suggestions of the Examining Attorney. Applicant requests, pursuant to TMEP 1402.08, that the suggested description of services that the Examining Attorney indicated belong in class 42, namely "Providing troubleshooting of computer software problems the field of cloud computing, software applications, hosting, websites, databases, and digital content," be moved to the currently co-pending application for FANATICAL EXPERIENCE in class 42 application number 88307571 (for which you are also the assigned Examining Attorney). The Applicant also is requesting, again pursuant to TMEP 1402.08, in the response to the office action for FANATICAL EXPERIENCE application number 88307571, that certain services belonging in class 35 be moved to this co-pending application 88307133. Specifically we are requesting that the following services from the FANATICAL EXPERIENCE class 42 application, application number 88307571, be moved to this class 35 application 88307133: "Database administration services, namely, updating and maintenance of data in computer databases; Business consulting services relating to the integration of the areas of business process technology, change management and operational sustainability; Disaster recovery services, namely, business planning and business continuity consulting."


SIGNATURE(S)
Response Signature
Signature: /Glenn Bacal/     Date: 08/12/2019
Signatory's Name: Glenn Bacal
Signatory's Position: Attorney of record, Arizona bar member

Signatory's Phone Number: 4802456233

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:    GLENN BACAL
   BACAL LAW GROUP, P.C.
   
   6991 EAST CAMELBACK ROAD, SUITE D-102
   SCOTTSDALE, Arizona 85251
Mailing Address:    Glenn Bacal
   BACAL LAW GROUP, P.C.
   6991 EAST CAMELBACK ROAD, SUITE D-102
   SCOTTSDALE, Arizona 85251
        
Serial Number: 88307133
Internet Transmission Date: Mon Aug 12 14:14:16 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201908121414164
80579-88307133-610d043f7574ba6f58e11a5ac
b283f368d05075b07d108b94679622c91d15aa34
-N/A-N/A-20190812140459941625