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. 88343411 ECL CONSTELLATION(Standard Characters, see http://uspto.report/TM/88343411/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Arguments in response to the Office Action has been attached.
Original PDF file:
evi_10721914654-20191029194045869328_._ECL09_OA_Response_Arguments.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Medical laboratory cloud computational services; scientific laboratory cloud computational services; cloud computational services for laboratory experiments conducted on behalf of others; software as a service featuring cloud computation data processing for laboratory experiments, for running laboratory experiments, for reviewing laboratory experiment controls, equipment, and environment data, and for reviewing laboratory experiment results; software as a service featuring cloud computing data processing for computer simulations of laboratory experiments and for computer simulations of biological and chemical phenomena and systems; cloud computation data processing for scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; cloud computation data processing for biopharmaceutical research design and scientific testing services; cloud computation data processing for product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; cloud computation data processing for toxicological safety and quality assurance testing for pharmaceuticals, chemicals, and consumer products; cloud computational services for indexing, storage, and searching of information relating to laboratory experiment controls, equipment, environment data, and experiment results as well as information relating to computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service for creation and processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service for use in developing, executing, monitoring, and managing enterprise resource planning, manufacturing execution systems, and connected factories
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Medical laboratory cloud computational services; Cloud computing for remote medical laboratories featuring software for use in monitoring laboratory equipment and recording data; scientific laboratory cloud computational services;  Cloud computing for remote scientific laboratories featuring software for use in monitoring laboratory equipment and recording data; cloud computational services for laboratory experiments conducted on behalf of others;  Cloud computing for remote laboratory experiments on behalf of others featuring software for use in monitoring laboratory equipment and recording data; software as a service featuring cloud computation data processing for laboratory experiments, for running laboratory experiments, for reviewing laboratory experiment controls, equipment, and environment data, and for reviewing laboratory experiment results; software as a service featuring software for use in data processing for remote laboratory experiments, for running remote laboratory experiments, for reviewing remote laboratory experiment controls, equipment, and environment data, and for reviewing remote laboratory experiment results; software as a service featuring cloud computing data processing for computer simulations of laboratory experiments and for computer simulations of biological and chemical phenomena and systems; software as a service featuring software for use in data processing for computer simulations of remote laboratory experiments and for computer simulations of biological and chemical phenomena and systems; cloud computation data processing for scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices;  cloud computing featuring software for use in data processing for remote scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; cloud computation data processing for biopharmaceutical research design and scientific testing services;  cloud computing featuring software for use in data processing for biopharmaceutical research design and scientific testing services; cloud computation data processing for product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics;  cloud computing featuring software for use in data processing for product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; cloud computation data processing for toxicological safety and quality assurance testing for pharmaceuticals, chemicals, and consumer products;  cloud computing featuring software for use in data processing for remote toxicological safety and quality assurance testing for pharmaceuticals, chemicals, and consumer products; cloud computational services for indexing, storage, and searching of information relating to laboratory experiment controls, equipment, environment data, and experiment results as well as information relating to computer simulations of laboratory experiments and biological and chemical phenomena and systems;  cloud computing featuring software for use in indexing, storage, and searching of information relating to remote laboratory experiment controls, equipment, environment data, and experiment results as well as information relating to computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service for creation and processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service featuring software for creation and processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service for use in developing, executing, monitoring, and managing enterprise resource planning, manufacturing execution systems, and connected factories; software as a service featuring software for use in developing, executing, monitoring, and managing enterprise resource planning, manufacturing execution systems, and connected factoriesClass 042 for Cloud computing for remote medical laboratories featuring software for use in monitoring laboratory equipment and recording data; Cloud computing for remote scientific laboratories featuring software for use in monitoring laboratory equipment and recording data; Cloud computing for remote laboratory experiments on behalf of others featuring software for use in monitoring laboratory equipment and recording data; software as a service featuring software for use in data processing for remote laboratory experiments, for running remote laboratory experiments, for reviewing remote laboratory experiment controls, equipment, and environment data, and for reviewing remote laboratory experiment results; software as a service featuring software for use in data processing for computer simulations of remote laboratory experiments and for computer simulations of biological and chemical phenomena and systems; cloud computing featuring software for use in data processing for remote scientific testing of chemicals, pharmaceuticals, biologics, vaccines, and medical devices; cloud computing featuring software for use in data processing for biopharmaceutical research design and scientific testing services; cloud computing featuring software for use in data processing for product safety and quality assurance testing for pharmaceuticals, biopharmaceuticals, chemicals, medical devices, vaccines, and biologics; cloud computing featuring software for use in data processing for remote toxicological safety and quality assurance testing for pharmaceuticals, chemicals, and consumer products; cloud computing featuring software for use in indexing, storage, and searching of information relating to remote laboratory experiment controls, equipment, environment data, and experiment results as well as information relating to computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service featuring software for creation and processing of un-structured, semi-structured, and structured information relating to laboratory experiments and computer simulations of laboratory experiments and biological and chemical phenomena and systems; software as a service featuring software for use in developing, executing, monitoring, and managing enterprise resource planning, manufacturing execution systems, and connected factories
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 07/19/2017 and first used in commerce at least as early as 07/19/2017 , and is now in use in such commerce.
The applicant's current attorney information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      US
The docket/reference number is ECL.09.

The phone number is 415-305-8948.

The email address is paul@st-ip.com

The applicants proposed attorney information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      United States
The docket/reference number is ECL.09.

The phone number is 415-305-8948.

The email address is paul@st-ip.com

Paul K. Tomita 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: PAUL K. TOMITA. PAUL K. TOMITA of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      US
The docket/reference number is ECL.09.

The phone number is 415-305-8948.

The email address is paul@st-ip.com; ptomita@gmail.com; lana@st-ip.com

The applicants proposed correspondence information: Paul K. Tomita. Paul K. Tomita of STANIFORD TOMITA LLP, is located at

      PO BOX 591838
      SAN FRANCISCO, California 94159
      United States
The docket/reference number is ECL.09.

The phone number is 415-305-8948.

The email address is paul@st-ip.com; ptomita@gmail.com; lana@st-ip.com

SIGNATURE(S)
Response Signature
Signature: /Paul K. Tomita/     Date: 10/29/2019
Signatory's Name: Paul K. Tomita
Signatory's Position: Attorney of Record, CA bar member

Signatory's Phone Number: 4153058948

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:    PAUL K. TOMITA
   STANIFORD TOMITA LLP
   
   PO BOX 591838
   SAN FRANCISCO, California 94159
Mailing Address:    Paul K. Tomita
   STANIFORD TOMITA LLP
   PO BOX 591838
   SAN FRANCISCO, California 94159
        
Serial Number: 88343411
Internet Transmission Date: Tue Oct 29 23:23:09 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XX-20191029232309396
139-88343411-700796f146d4757389c1511c3fc
7261d9b92927ee6e965b9255248b338582a5ff-N
/A-N/A-20191029232214602571