Response to Office Action

ADVANTAGECADENCE

The Advantage Group International, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88349940
LAW OFFICE ASSIGNED LAW OFFICE 130
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88349940/mark.png
LITERAL ELEMENT ADVANTAGECADENCE
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer software for a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Computer software for a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Computer software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 09/27/2018
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer software for a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer software featuring software for a cloud based user driven feedback software platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Computer software for a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Downloadable computer software featuring software for a cloud based user driven feedback software platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Computer software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software featuring software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software featuring software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations; Downloadable computer application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations
FINAL DESCRIPTION
Downloadable computer software featuring software for a cloud based user driven feedback software platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer software featuring software for a cloud based user driven feedback software platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Downloadable computer software featuring software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software featuring software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
       FOREIGN FILING DATE 09/27/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (035)(current)
INTERNATIONAL CLASS 035
DESCRIPTION Consulting services
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 09/27/2018
GOODS AND/OR SERVICES SECTION (035)(proposed)
INTERNATIONAL CLASS 035
TRACKED TEXT DESCRIPTION
Consulting services; Consulting services in the field of market research, benchmarking, supplier and retailer relationships, customer interactions, customer data and analytics, corporate retailers' perceptions of suppliers, customer feedback, corporate business improvements and plans, goal setting and targets, emerging issues, corporate accountability, global cross-marketing, global client relations and support programs, quality measurement, efficiency measurement, product category development, consumer and trade marketing, customer service, supply chain relationship and employment matters.
FINAL DESCRIPTION
Consulting services in the field of market research, benchmarking, supplier and retailer relationships, customer interactions, customer data and analytics, corporate retailers' perceptions of suppliers, customer feedback, corporate business improvements and plans, goal setting and targets, emerging issues, corporate accountability, global cross-marketing, global client relations and support programs, quality measurement, efficiency measurement, product category development, consumer and trade marketing, customer service, supply chain relationship and employment matters.
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
       FOREIGN FILING DATE 09/27/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations; Hosting a cloud based user driven feedback platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting a platform featuring tracking, reviews and measurement of buyer and seller organization users
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
        FOREIGN FILING DATE 09/27/2018
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Software as a service (SAAS) services featuring software for provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations; Software as a service (SAAS) featuring software for provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations for connecting and facilitating communications between buyers and sellers; Hosting a cloud based user driven feedback platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting a cloud based user driven feedback software platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance buyers and sellers; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of buyers and sellers; Hosting an interactive cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting an interactive cloud based user driven feedback software platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting a platform featuring tracking, reviews and measurement of buyer and seller organization users; Providing a web hosting software platform featuring tracking, reviews and measurement of buyer and seller organization users
FINAL DESCRIPTION
Software as a service (SAAS) services featuring software for provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Software as a service (SAAS) featuring software for provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations for connecting and facilitating communications between buyers and sellers; Hosting a cloud based user driven feedback software platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance buyers and sellers; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of buyers and sellers; Hosting an interactive cloud based user driven feedback software platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Providing a web hosting software platform featuring tracking, reviews and measurement of buyer and seller organization users
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 1,922,266
       FOREIGN APPLICATION COUNTRY Canada
       FOREIGN FILING DATE 09/27/2018
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ATTORNEY SECTION (current)
NAME Frank L. Politano
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME K&L GATES LLP
STREET ONE NEWARK CENTER, 10TH FLOOR
CITY NEWARK
STATE New Jersey
POSTAL CODE 07102-5285
COUNTRY US
PHONE 973-848-4150
FAX 973-848-4001
EMAIL nwtrademarks@klgates.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Frank L. Politano
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME K&L GATES LLP
STREET ONE NEWARK CENTER, 10TH FLOOR
CITY NEWARK
STATE New Jersey
POSTAL CODE 07102-5285
COUNTRY United States
PHONE 973-848-4150
FAX 973-848-4001
EMAIL nwtrademarks@klgates.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Andrew Hollander;Eric Lee
CORRESPONDENCE SECTION (current)
NAME FRANK L. POLITANO
FIRM NAME K&L GATES LLP
STREET ONE NEWARK CENTER, 10TH FLOOR
CITY NEWARK
STATE New Jersey
POSTAL CODE 07102-5285
COUNTRY US
PHONE 973-848-4150
FAX 973-848-4001
EMAIL nwtrademarks@klgates.com; frank.politano@klgates.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Frank L. Politano
FIRM NAME K&L GATES LLP
STREET ONE NEWARK CENTER, 10TH FLOOR
CITY NEWARK
STATE New Jersey
POSTAL CODE 07102-5285
COUNTRY United States
PHONE 973-848-4150
FAX 973-848-4001
EMAIL nwtrademarks@klgates.com; frank.politano@klgates.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Frank L. Politano/
SIGNATORY'S NAME Frank L. Politano
SIGNATORY'S POSITION Applicant's Attorney of Record, Member of New York and New Jersey Bars
SIGNATORY'S PHONE NUMBER 973-848-4150
DATE SIGNED 12/03/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Dec 03 19:22:42 EST 2019
TEAS STAMP USPTO/ROA-XXX.XXX.XX.X-20
191203192242938811-883499
40-7003ef53af5fe48b428286
5696b50811a7457f3c4fb9cad
dc5e136cf42662e4d448-N/A-
N/A-20191203185454356271



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. 88349940 ADVANTAGECADENCE (Stylized and/or with Design, see http://uspto.report/TM/88349940/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 Computer software for a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Computer software for a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Computer software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software for a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer software featuring software for a cloud based user driven feedback software platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Computer software for a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Downloadable computer software featuring software for a cloud based user driven feedback software platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Computer software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software featuring software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software featuring software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations; Downloadable computer application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizationsClass 009 for Downloadable computer software featuring software for a cloud based user driven feedback software platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer software featuring software for a cloud based user driven feedback software platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Downloadable computer software featuring software to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Downloadable computer software applications for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software featuring software for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Downloadable computer application software for mobile telephones and mobile devices, namely, software for use in business networking for buyer and seller organizations
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Consulting services
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Consulting services; Consulting services in the field of market research, benchmarking, supplier and retailer relationships, customer interactions, customer data and analytics, corporate retailers' perceptions of suppliers, customer feedback, corporate business improvements and plans, goal setting and targets, emerging issues, corporate accountability, global cross-marketing, global client relations and support programs, quality measurement, efficiency measurement, product category development, consumer and trade marketing, customer service, supply chain relationship and employment matters.Class 035 for Consulting services in the field of market research, benchmarking, supplier and retailer relationships, customer interactions, customer data and analytics, corporate retailers' perceptions of suppliers, customer feedback, corporate business improvements and plans, goal setting and targets, emerging issues, corporate accountability, global cross-marketing, global client relations and support programs, quality measurement, efficiency measurement, product category development, consumer and trade marketing, customer service, supply chain relationship and employment matters.
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations; Hosting a cloud based user driven feedback platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting a platform featuring tracking, reviews and measurement of buyer and seller organization users
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Software as a service (SAAS) services featuring software for provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations; Software as a service (SAAS) featuring software for provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations for connecting and facilitating communications between buyers and sellers; Hosting a cloud based user driven feedback platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting a cloud based user driven feedback software platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance buyers and sellers; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of such buyer and seller organizations; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of buyers and sellers; Hosting an interactive cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting an interactive cloud based user driven feedback software platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Hosting a platform featuring tracking, reviews and measurement of buyer and seller organization users; Providing a web hosting software platform featuring tracking, reviews and measurement of buyer and seller organization usersClass 042 for Software as a service (SAAS) services featuring software for provision of access to a cloud based user driven feedback platform for connecting buyer and seller organizations for facilitating and providing a collaborative digital working online environment; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform for virtual communities and networks and the exchange of information and reporting in real time for the tracking and measurement of performance of buyer and seller organizations; Software as a service (SAAS) featuring software for provision of access to a cloud based user driven feedback platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information via a cloud based user driven computer platform; Software as a service (SAAS) featuring software for provision of computer software applications for a cloud based user driven feedback platform accessible by mobile telephones and mobile devices for buyer and seller organizations for connecting and facilitating communications between buyers and sellers; Hosting a cloud based user driven feedback software platform allowing users to access and work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance buyers and sellers; Hosting an interactive cloud based user driven feedback platform for users to work in a collaborative digital working online environment permitting the exchange of information and reporting in real time for the tracking and measurement of the performance of buyers and sellers; Hosting an interactive cloud based user driven feedback software platform to enable uploading, downloading, accessing, displaying, tagging, blogging, posting, streaming, sharing and otherwise providing electronic media and information; Providing a web hosting software platform featuring tracking, reviews and measurement of buyer and seller organization users
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Canada application number 1,922,266 filed 09/27/2018]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The applicant's current attorney information: Frank L. Politano. Frank L. Politano of K&L GATES LLP, is located at

      ONE NEWARK CENTER, 10TH FLOOR
      NEWARK, New Jersey 07102-5285
      US

The phone number is 973-848-4150.

The fax number is 973-848-4001.

The email address is nwtrademarks@klgates.com

The applicants proposed attorney information: Frank L. Politano. Other appointed attorneys are Andrew Hollander;Eric Lee. Frank L. Politano of K&L GATES LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      ONE NEWARK CENTER, 10TH FLOOR
      NEWARK, New Jersey 07102-5285
      United States

The phone number is 973-848-4150.

The fax number is 973-848-4001.

The email address is nwtrademarks@klgates.com

Frank L. Politano 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: FRANK L. POLITANO. FRANK L. POLITANO of K&L GATES LLP, is located at

      ONE NEWARK CENTER, 10TH FLOOR
      NEWARK, New Jersey 07102-5285
      US

The phone number is 973-848-4150.

The fax number is 973-848-4001.

The email address is nwtrademarks@klgates.com; frank.politano@klgates.com

The applicants proposed correspondence information: Frank L. Politano. Frank L. Politano of K&L GATES LLP, is located at

      ONE NEWARK CENTER, 10TH FLOOR
      NEWARK, New Jersey 07102-5285
      United States

The phone number is 973-848-4150.

The fax number is 973-848-4001.

The email address is nwtrademarks@klgates.com; frank.politano@klgates.com

SIGNATURE(S)
Response Signature
Signature: /Frank L. Politano/     Date: 12/03/2019
Signatory's Name: Frank L. Politano
Signatory's Position: Applicant's Attorney of Record, Member of New York and New Jersey Bars

Signatory's Phone Number: 973-848-4150

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:    FRANK L. POLITANO
   K&L GATES LLP
   
   ONE NEWARK CENTER, 10TH FLOOR
   NEWARK, New Jersey 07102-5285
Mailing Address:    Frank L. Politano
   K&L GATES LLP
   ONE NEWARK CENTER, 10TH FLOOR
   NEWARK, New Jersey 07102-5285
        
Serial Number: 88349940
Internet Transmission Date: Tue Dec 03 19:22:42 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20191203192242938
811-88349940-7003ef53af5fe48b4282865696b
50811a7457f3c4fb9caddc5e136cf42662e4d448
-N/A-N/A-20191203185454356271



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