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. 88324038 FRECKLE(Standard Characters, see http://uspto.report/TM/88324038/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 009 for Computer software for use in administering, creating, developing, implementing, managing, tracking, reporting and measuring promotional strategies related to mobile advertising campaigns, device-specific advertising campaigns and location-specific advertising campaigns; internet connected products, namely, non luminous personal location positioning indication beacons and wearable digital electronic devices, namely, watches and eyeglasses, comprising primarily of software for viewing, sending and receiving texts, emails, data and information related to mobile advertising campaigns, device specific advertising campaigns and location specific advertising campaigns

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Mobile advertising services provided to advertising companies, brand managers and branded companies, namely, (a) delivering advertisements for others to mobile devices, tablets and handheld gaming devices, and distribution of advertisements for others through mobile content channels; (b) collection and analysis of mobile advertising metrics for others, and providing advertising metrics reports to others; promoting the goods and services of others via mobile devices, namely, display of websites, delivery of digital files, sending of emails, highlighting of locations, launching of videos, distribution of information, redirection to social networking websites, virtual tours, scheduling events, contests and promotional offers, coupons and rebates utilizing (a) Near Field Communication (NFC) technology; (b) short range wireless interconnection of cellular phones and computers technology; (c) Quick Response Code (QR code) technology; (d) Data Matrix technology
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: Mobile advertising services provided to advertising companies, brand managers and branded companies, namely, (a) delivering advertisements for others to mobile devices, tablets and handheld gaming devices, and distribution of advertisements for others through mobile content channels; Mobile advertising services provided to advertising companies, brand managers and branded companies, namely, collection and analysis of mobile advertising metrics for others and providing advertising metrics reports to others; (b) collection and analysis of mobile advertising metrics for others, and providing advertising metrics reports to others; Compiling and analyzing statistics, data and other sources of information for business purposes; promoting the goods and services of others via mobile devices, namely, display of websites, delivery of digital files, sending of emails, highlighting of locations, launching of videos, distribution of information, redirection to social networking websites, virtual tours, scheduling events, contests and promotional offers, coupons and rebates utilizing (a) Near Field Communication (NFC) technology; Business research services, namely, providing analysis of retail data on specific business locations; (b) short range wireless interconnection of cellular phones and computers technology; Business data analysis services in the field of foot traffic and media response of retail consumers utilizing Near Field Communication (NFC) technology, short range wireless interconnection of cellular phones and computers technology, Quick Response Code (QR code) technology and Data Matrix technology; (c) Quick Response Code (QR code) technology; (d) Data Matrix technologyClass 035 for Mobile advertising services provided to advertising companies, brand managers and branded companies, namely, collection and analysis of mobile advertising metrics for others and providing advertising metrics reports to others; Compiling and analyzing statistics, data and other sources of information for business purposes; Business research services, namely, providing analysis of retail data on specific business locations; Business data analysis services in the field of foot traffic and media response of retail consumers utilizing Near Field Communication (NFC) technology, short range wireless interconnection of cellular phones and computers technology, Quick Response Code (QR code) technology and Data Matrix technology
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: /Samuel Ollunga/     Date: 11/20/2019
Signatory's Name: Samuel Ollunga
Signatory's Position: Attorney of record, NY bar member

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88324038
Internet Transmission Date: Wed Nov 20 06:07:05 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191120060705
176223-88324038-7005dc96b2a5fab23fb5e764
9146a153123161f09d8261565e5ad81466d775fc
-N/A-N/A-20191120060616746173