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. 88383424 USNOW(Standard Characters, see http://uspto.report/TM/88383424/mark.png) has been amended as follows:

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

The June 3, 2019 Office Action has been received and carefully reviewed. The Hon. Trademark Attorney has advised of earlier filed pending application SN 88088691 for USNOW for "Customer support, technical support, and sales software for businesses and organizations, namely, software for providing knowledge and information resources to consumers on a website, mobile site, or mobile application; customer support, technical support, and sales software that enables businesses and organizations to address consumer questions and inquiries through live chat, video chat, co-browse, email, or text on a website, mobile site, or mobile application; customer support, technical support, and sales software for businesses and organizations that manages and routes email for the customer support, technical support, or sales agent via customer websites, mobile sites, or mobile applications; customer support, technical support, and sales software that enables businesses and organizations to provide access to knowledge bases and self-service offerings on a website, mobile site, or mobile application; customer support, technical support, and sales software that allows businesses and organizations to capture and analyze behavior and data of visitors to websites, mobile sites, or mobile applications to generate recommendations for displaying knowledge and information resources on a website, mobile site, or mobile application." Applicant has amended its goods to: "Downloadable computer programs for sharing a user's computer device screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer use; downloadable smartphone application software for sharing a user's smartphone screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer use." Applicant respectfully submits that the channels of advertising and trade for its respective goods, which are targeted to the general consumer, not businesses and organizations, are now sufficiently differentiated to avoid a likelihood of confusion. Accordingly, the Hon. Trademark Attorney is requested to accept Applicant's amended goods and allow this application for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Downloadable computer programs for sharing a user's computer device screen with others and at the same time communicating through video chat; smartphone application software for sharing a user's smartphone screen with others and at the same time communicating through video chat
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 computer programs for sharing a user's computer device screen with others and at the same time communicating through video chat; Downloadable computer programs for sharing a user's computer device screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer use; smartphone application software for sharing a user's smartphone screen with others and at the same time communicating through video chat; downloadable smartphone application software for sharing a user's smartphone screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer useClass 009 for Downloadable computer programs for sharing a user's computer device screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer use; downloadable smartphone application software for sharing a user's smartphone screen with others and at the same time communicating through video chat, all to be advertised and sold for general consumer 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.

The applicant's current attorney information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3208.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

The applicants proposed attorney information: Robert B.G. Horowitz, Esq.. Other appointed attorneys are Kevin M. Wallace, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER 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

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3208.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com

Robert B.G. Horowitz, Esq. 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: ROBERT B.G. HOROWITZ, ESQ.. ROBERT B.G. HOROWITZ, ESQ. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      US
The docket/reference number is 41279.3208.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

The applicants proposed correspondence information: Robert B.G. Horowitz, Esq.. Robert B.G. Horowitz, Esq. of BAKER & HOSTETLER LLP, is located at

      45 ROCKEFELLER PLAZA, 14TH FLOOR
      NEW YORK, New York 10111
      United States
The docket/reference number is 41279.3208.

The phone number is 212-589-4200.

The fax number is 212 589-4201.

The email address is bhipdocket@bakerlaw.com; rhorowitz@bakerlaw.com; jcupito@bakerlaw.com

SIGNATURE(S)
Response Signature
Signature: /Robert B.G. Horowitz/     Date: 11/25/2019
Signatory's Name: Robert B.G. Horowitz
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 212 589-4200

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:    ROBERT B.G. HOROWITZ, ESQ.
   BAKER & HOSTETLER LLP
   
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
Mailing Address:    Robert B.G. Horowitz, Esq.
   BAKER & HOSTETLER LLP
   45 ROCKEFELLER PLAZA, 14TH FLOOR
   NEW YORK, New York 10111
        
Serial Number: 88383424
Internet Transmission Date: Mon Nov 25 10:26:18 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2019112510261873
5963-88383424-700d1ce1eb1d533b235ddcd9b7
8ffef516a1a3acc475ea46fdaf88d7ec3b9072e8
-N/A-N/A-20191125101805069753