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. 88351995 GRAPHQL(Standard Characters, see http://uspto.report/TM/88351995/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Association services, namely, promoting the adoption, acceptance and development of open source computer technologies; organizing business networking events in the field of open source software; association services, namely, promoting the adoption and acceptance of open source software for others; association services, namely, promoting public awareness and acceptance of the need for the adoption of voluntary common industry standards for software development and execution for others; promoting voluntary common industry standards for software development and execution; Arranging and conducting business conferences; arranging and conducting business conferences in the field of software development; arranging and conducting business conferences in the field of cloud-native software application development, deployment, maintenance and monitoring; association services, namely, promoting the adoption, acceptance and development of a programming language; arranging and conducting business conferences in the field of programming language development and use
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: Association services, namely, promoting the adoption, acceptance and development of open source computer technologies; organizing business networking events in the field of open source software; association services, namely, promoting the adoption and acceptance of open source software for others; advertising and marketing services, namely, promoting the adoption and acceptance of open source software for others; association services, namely, promoting public awareness and acceptance of the need for the adoption of voluntary common industry standards for software development and execution for others; promoting voluntary common industry standards for software development and execution; Arranging and conducting business conferences; arranging and conducting business conferences in the field of software development; arranging and conducting business conferences in the field of cloud-native software application development, deployment, maintenance and monitoring; association services, namely, promoting the adoption, acceptance and development of a programming language; arranging and conducting business conferences in the field of programming language development and useClass 035 for Association services, namely, promoting the adoption, acceptance and development of open source computer technologies; organizing business networking events in the field of open source software; advertising and marketing services, namely, promoting the adoption and acceptance of open source software for others; association services, namely, promoting public awareness and acceptance of the need for the adoption of voluntary common industry standards for software development and execution for others; promoting voluntary common industry standards for software development and execution; Arranging and conducting business conferences; arranging and conducting business conferences in the field of software development; arranging and conducting business conferences in the field of cloud-native software application development, deployment, maintenance and monitoring; association services, namely, promoting the adoption, acceptance and development of a programming language; arranging and conducting business conferences in the field of programming language development and use
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 041 for Arranging and conducting educational conferences in the field of software development; arranging and conducting educational conferences in the field of open source software; arranging and conducting educational conferences in the field of programming language development and use; educational seminars, classes, speaker series, conferences and training in the field of open source software and software development; computer education training services; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the fields of open source software and software development; educational seminars, classes, speaker series, conferences and training in the field of open source software and software development; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the field of programming language development and use; educational seminars, classes, speaker series, conferences and training in the field of programming language development and use; organizing live exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposes; organizing on-line exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposes
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: Arranging and conducting educational conferences in the field of software development; arranging and conducting educational conferences in the field of open source software; arranging and conducting educational conferences in the field of programming language development and use; computer education training services; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the fields of open source software and software development; educational seminars, classes, speaker series, conferences and training in the field of open source software and software development; educational seminars, classes, speaker series, conferences and training in the field of open source software and software development; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the field of programming language development and use; educational seminars, classes, speaker series, conferences and training in the field of programming language development and use; organizing live exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposes; organizing on-line exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposesClass 041 for Arranging and conducting educational conferences in the field of software development; arranging and conducting educational conferences in the field of open source software; arranging and conducting educational conferences in the field of programming language development and use; computer education training services; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the fields of open source software and software development; educational seminars, classes, speaker series, conferences and training in the field of open source software and software development; education and entertainment services, namely, organizing and conducting exhibitions, conferences and conventions in the field of programming language development and use; educational seminars, classes, speaker series, conferences and training in the field of programming language development and use; organizing live exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposes; organizing on-line exhibitions, conferences and conventions in the fields of software development, open source software, and programming language development and use for educational purposes
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: Allisen Pawlenty-Altman. Allisen Pawlenty-Altman of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET NE, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309-4528
      US
The docket/reference number is 1132211.

The phone number is 202-508-5800.

The fax number is 202-508-5858.

The email address is tmadmin@kilpatricktownsend.com

The applicants proposed attorney information: Allisen Pawlenty-Altman. Other appointed attorneys are Ana-Claudia Roderick. Allisen Pawlenty-Altman of Kilpatrick Townsend & Stockton 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

      607 14th Street NW, Suite 900
      Washington, District of Columbia 20005-2018
      United States
The docket/reference number is 1132211.

The phone number is 202-508-5800.

The fax number is 202-508-5858.

The email address is tmadmin@kilpatricktownsend.com

Allisen Pawlenty-Altman 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: ALLISEN PAWLENTY-ALTMAN. ALLISEN PAWLENTY-ALTMAN of KILPATRICK TOWNSEND & STOCKTON LLP, is located at

      1100 PEACHTREE STREET NE, SUITE 2800
      MAILSTOP: IP DOCKETING - 22
      ATLANTA, Georgia 30309-4528
      US
The docket/reference number is 1132211.

The phone number is 202-508-5800.

The fax number is 202-508-5858.

The email address is tmadmin@kilpatricktownsend.com; fbprosecution@kilpatricktownsend.com

The applicants proposed correspondence information: Allisen Pawlenty-Altman. Allisen Pawlenty-Altman of Kilpatrick Townsend & Stockton LLP, is located at

      Mailstop: IP Docketing - 22
      1100 Peachtree Street NE, Suite 2800
      Atlanta, Georgia 30309
      United States
The docket/reference number is 1132211.

The phone number is 202-508-5800.

The fax number is 202-508-5858.

The email address is tmadmin@kilpatricktownsend.com; FBProsecution@kilpatricktownsend.com

SIGNATURE(S)
Response Signature
Signature: /Ana-Claudia Roderick/     Date: 11/21/2019
Signatory's Name: Ana-Claudia Roderick
Signatory's Position: Associate Attorney, Kilpatrick Townsend & Stockton LLP, New York Bar Member

Signatory's Phone Number: 2127758700

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:    ALLISEN PAWLENTY-ALTMAN
   KILPATRICK TOWNSEND & STOCKTON LLP
   1100 PEACHTREE STREET NE, SUITE 2800
   MAILSTOP: IP DOCKETING - 22
   ATLANTA, Georgia 30309-4528
Mailing Address:    Allisen Pawlenty-Altman
   Kilpatrick Townsend & Stockton LLP
   Mailstop: IP Docketing - 22
   1100 Peachtree Street NE, Suite 2800
   Atlanta, Georgia 30309
        
Serial Number: 88351995
Internet Transmission Date: Thu Nov 21 14:33:53 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019112114335335
9391-88351995-7004f18edc76da5b496ede2b14
809cb61eebd0d9d776827c86db2a2570a25507d-
N/A-N/A-20191121100420057882