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. 88333559 PROXIMITY(Standard Characters, see http://uspto.report/TM/88333559/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument and exhibits has been attached.
Original PDF file:
evi_104129206114-20191129173129443912_._PROXIMITY_Office_Action_Response_-_88333559.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Original PDF file:
evi_104129206114-20191129173129443912_._PROXIMITY_OAR_Exhibits.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Data management services, namely, data center services in the nature of management and processing of data; business management of data centers for others
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: Data management services, namely, data center services in the nature of management and processing of data; Consultation in the field of energy efficiency of modular and hyper-scale data centers; business management of data centers for others; Consultation in the field of energy efficiency of green data centers in the nature of developing and operating data centers for othersClass 035 for Consultation in the field of energy efficiency of modular and hyper-scale data centers; Consultation in the field of energy efficiency of green data centers in the nature of developing and operating data centers for others
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 037 for Construction and placement of modular data centers for use in delivering data services to customers and partners; consultation services in connection with the construction, optimization and energy consumption efficiency of modular data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systems; Construction of green data centers for others; construction planning of commercial buildings, namely, green data centers; land development services, namely, planning and laying out of commercial buildings, namely, green data centers; consultation services in connection with the construction, optimization and energy consumption efficiency of green data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systems
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: Construction and placement of modular data centers for use in delivering data services to customers and partners; Construction services, namely, planning, laying out and construction of modular data centers for use in delivering data services to customers and partners; consultation services in connection with the construction, optimization and energy consumption efficiency of modular data centers; Consulting services for the construction of modular data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systems; Installation of data center equipment and critical infrastructure equipment used for airflow and temperature management, power distribution, and monitoring of alarm systems; Construction of green data centers for others; construction planning of commercial buildings, namely, green data centers; Construction planning of commercial buildings, namely, planning of green data centers; land development services, namely, planning and laying out of commercial buildings, namely, green data centers; Land development services, namely, planning and laying out of commercial buildings in the nature of green data centers; consultation services in connection with the construction, optimization and energy consumption efficiency of green data centers; Consulting services for the construction of green data centers; installation services in the field of data center equipment and critical infrastructure used for airflow and temperature management, power distribution, and monitoring of alarm systemsClass 037 for Construction services, namely, planning, laying out and construction of modular data centers for use in delivering data services to customers and partners; Consulting services for the construction of modular data centers; Installation of data center equipment and critical infrastructure equipment used for airflow and temperature management, power distribution, and monitoring of alarm systems; Construction of green data centers for others; Construction planning of commercial buildings, namely, planning of green data centers; Land development services, namely, planning and laying out of commercial buildings in the nature of green data centers; Consulting services for the construction of green data centers
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: Lynn E. Rzonca. Lynn E. Rzonca, is located at

      BALLARD SPAHR LLP
      1735 MARKET STREET, 51ST FLOOR
      PHILADELPHIA, Pennsylvania 19103-7599
      US
The docket/reference number is 00209645.

The phone number is 215-864-8109.

The fax number is 215.864.8999.

The email address is rzoncal@ballardspahr.com

The applicants proposed attorney information: Lynn E. Rzonca. Lynn E. Rzonca, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      BALLARD SPAHR LLP
      1735 MARKET STREET, 51ST FLOOR
      PHILADELPHIA, Pennsylvania 19103-7599
      United States
The docket/reference number is 00209645.

The phone number is 215-864-8109.

The fax number is 215.864.8999.

The email address is rzoncal@ballardspahr.com

Lynn E. Rzonca 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: LYNN E. RZONCA. LYNN E. RZONCA, is located at

      BALLARD SPAHR LLP
      1735 MARKET STREET, 51ST FLOOR
      PHILADELPHIA, Pennsylvania 19103-7599
      US
The docket/reference number is 00209645.

The phone number is 215-864-8109.

The fax number is 215.864.8999.

The email address is rzoncal@ballardspahr.com; phila_tmdocketing@ballardspahr.com

The applicants proposed correspondence information: Lynn E. Rzonca. Lynn E. Rzonca, is located at

      BALLARD SPAHR LLP
      1735 MARKET STREET, 51ST FLOOR
      PHILADELPHIA, Pennsylvania 19103-7599
      United States
The docket/reference number is 00209645.

The phone number is 215-864-8109.

The fax number is 215.864.8999.

The email address is rzoncal@ballardspahr.com

SIGNATURE(S)
Response Signature
Signature: /Dacia A. Green/     Date: 11/29/2019
Signatory's Name: Dacia A. Green
Signatory's Position: Associate Attorney of Ballard Spahr LLP, GA Bar Member

Signatory's Phone Number: 6784209388

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:    LYNN E. RZONCA
   
   BALLARD SPAHR LLP
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania 19103-7599
Mailing Address:    Lynn E. Rzonca
   BALLARD SPAHR LLP
   1735 MARKET STREET, 51ST FLOOR
   PHILADELPHIA, Pennsylvania 19103-7599
        
Serial Number: 88333559
Internet Transmission Date: Fri Nov 29 17:48:39 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20191129174839
398418-88333559-700737ab1f311ceaaaf349e4
742a817435232d322466b6cd274034965acfec3-
N/A-N/A-20191129173129443912