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. 88367071 MEET BETTER(Standard Characters, see http://uspto.report/TM/88367071/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE

Original PDF file:
evi_216177988-20190625165252418198_._NTV-45581-Argument.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable software in the nature of a mobile application for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user; Computer application software for laptop and desktop computers, namely, software for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user
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: Downloadable software in the nature of a mobile application for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user; Downloadable software is in the nature of a mobile application for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other users; Computer application software for laptop and desktop computers, namely, software for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user; Downloadable computer application software for laptop and desktop computers, namely, software for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other usersClass 009 for Downloadable software is in the nature of a mobile application for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other users; Downloadable computer application software for laptop and desktop computers, namely, software for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service (SAAS) services featuring software for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user
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: Software as a service (SAAS) services featuring software for use as a personal assistant that joins, transcribes, records, analyzes and shares a user's conversations and provides insights, trends, action items and alerts to the user; Software as a service (SAAS) services featuring software for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other usersClass 042 for Software as a service (SAAS) services featuring software for use as a personal assistant that joins, transcribes, records, analyzes a user's conversations that occur via telephone, computer or in person and provides insights, trends, action items and alerts to the user relating to the conversations and permits the user to make the foregoing available to other 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.

SIGNATURE(S)
Response Signature
Signature: /Randolph E. Digges, III/     Date: 06/25/2019
Signatory's Name: Randolph E. Digges, III
Signatory's Position: Attorney of record, Ohio bar member

Signatory's Phone Number: (216) 566-9700

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 88367071
Internet Transmission Date: Tue Jun 25 17:25:05 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20190625172505940
090-88367071-62037ca75a0258dc43a217c763e
fb3306e53bdf9fff3425441cbacec93805a1a66-
N/A-N/A-20190625165252418198