Post Publication Amendment

ACUTRACK

Da Vinci Industries L.L.C.

Post Publication Amendment

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 1771 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88396649
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK FILE NAME http://uspto.report/TM/88396649/mark.png
LITERAL ELEMENT ACUTRACK
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
EXPLANATION OF FILING
Applicant was contracted by Iron Mountain, Inc. during the publication period.  Subsequently, the parties entered into a Consent Agreement whereby the Applicant has agreed to amend its Services description in Class 42 to:

"Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and management"

In order to comply with the Consent Agreement, Applicant is filing this amendment.  Upon information and belief, this revision to the Services description in Class 42 clarifies, and does not broaden, the original services description included in Applicant's application.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 042
DESCRIPTION
Software as a service (SAAS) services featuring software for retail inventory tracking and management
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Software as a service (SAAS) services featuring software for retail inventory tracking and management; Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and management
FINAL DESCRIPTION
Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and management
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Collin F. Schaefer
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME OGDEN GLAZER + SCHAEFER
INTERNAL ADDRESS PO BOX 45116
STREET 505 S ROSA RD #225
CITY MADISON
STATE Wisconsin
POSTAL CODE 53744
COUNTRY US
PHONE 312-725-6274
EMAIL cfschaefer@ogs.law
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 18010-18902
ATTORNEY SECTION (proposed)
NAME Collin F. Schaefer
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME OGDEN GLAZER + SCHAEFER
INTERNAL ADDRESS PO BOX 45116
STREET 505 S ROSA RD #225
CITY MADISON
STATE Wisconsin
POSTAL CODE 53744
COUNTRY United States
PHONE 312-725-6274
EMAIL cfschaefer@ogs.law
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 18010-18902
OTHER APPOINTED ATTORNEY Erin R. Ogden; Jeffrey M. Glazer
CORRESPONDENCE SECTION (current)
NAME COLLIN F. SCHAEFER
FIRM NAME OGDEN GLAZER + SCHAEFER
INTERNAL ADDRESS PO BOX 45116
STREET 505 S ROSA RD #225
CITY MADISON
STATE Wisconsin
POSTAL CODE 53744
COUNTRY US
PHONE 312-725-6274
EMAIL cfschaefer@ogs.law; ip@ogs.law
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 18010-18902
CORRESPONDENCE SECTION (proposed)
NAME Collin F. Schaefer
FIRM NAME OGDEN GLAZER + SCHAEFER
INTERNAL ADDRESS PO BOX 45116
STREET 505 S ROSA RD #225
CITY MADISON
STATE Wisconsin
POSTAL CODE 53744
COUNTRY United States
PHONE 312-725-6274
EMAIL cfschaefer@ogs.law; ip@ogs.law
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
DOCKET/REFERENCE NUMBER 18010-18902
SIGNATURE SECTION
RESPONSE SIGNATURE /Collin F. Schaefer/
SIGNATORY'S NAME Collin F. Schaefer
SIGNATORY'S POSITION Attorney of Record, WI State Bar Member
SIGNATORY'S PHONE NUMBER 312-725-6274
DATE SIGNED 01/15/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Wed Jan 15 17:35:43 EST 2020
TEAS STAMP USPTO/PPA-XXX.XX.XX.XX-20
200115173543981188-883966
49-7001922d18ac61cc1bab4b
44bf8c3cdb1c782e582ae2473
c27e72cb4d9e6f08f61-N/A-N
/A-20200115173129745618



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 1771 (Rev 10/2011)
OMB No. 0651-0050 (Exp 09/20/2020)

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment


To the Commissioner for Trademarks:

Application serial no. 88396649 ACUTRACK (Stylized and/or with Design, see http://uspto.report/TM/88396649/mark.png) has been amended as follows:

EXPLANATION OF FILING
Applicant was contracted by Iron Mountain, Inc. during the publication period.  Subsequently, the parties entered into a Consent Agreement whereby the Applicant has agreed to amend its Services description in Class 42 to:

"Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and management"

In order to comply with the Consent Agreement, Applicant is filing this amendment.  Upon information and belief, this revision to the Services description in Class 42 clarifies, and does not broaden, the original services description included in Applicant's application.


CLASSIFICATION AND LISTING OF GOODS/SERVICES

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 retail inventory tracking and management
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 retail inventory tracking and management; Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and managementClass 042 for Software as a service (SAAS) services featuring software that processes wireless communications transmitted from in-store retail display racks for retail inventory tracking and management
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: Collin F. Schaefer. Collin F. Schaefer of OGDEN GLAZER + SCHAEFER, is located at

      PO BOX 45116
      505 S ROSA RD #225
      MADISON, Wisconsin 53744
      US
The docket/reference number is 18010-18902.

The phone number is 312-725-6274.

The email address is cfschaefer@ogs.law

The applicants proposed attorney information: Collin F. Schaefer. Other appointed attorneys are Erin R. Ogden; Jeffrey M. Glazer. Collin F. Schaefer of OGDEN GLAZER + SCHAEFER, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      PO BOX 45116
      505 S ROSA RD #225
      MADISON, Wisconsin 53744
      United States
The docket/reference number is 18010-18902.

The phone number is 312-725-6274.

The email address is cfschaefer@ogs.law

Collin F. Schaefer 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: COLLIN F. SCHAEFER. COLLIN F. SCHAEFER of OGDEN GLAZER + SCHAEFER, is located at

      PO BOX 45116
      505 S ROSA RD #225
      MADISON, Wisconsin 53744
      US
The docket/reference number is 18010-18902.

The phone number is 312-725-6274.

The email address is cfschaefer@ogs.law; ip@ogs.law

The applicants proposed correspondence information: Collin F. Schaefer. Collin F. Schaefer of OGDEN GLAZER + SCHAEFER, is located at

      PO BOX 45116
      505 S ROSA RD #225
      MADISON, Wisconsin 53744
      United States
The docket/reference number is 18010-18902.

The phone number is 312-725-6274.

The email address is cfschaefer@ogs.law; ip@ogs.law

SIGNATURE(S)

Signature: /Collin F. Schaefer/     Date: 01/15/2020
Signatory's Name: Collin F. Schaefer
Signatory's Position: Attorney of Record, WI State Bar Member

Signatory's Phone Number: 312-725-6274

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:    COLLIN F. SCHAEFER
   OGDEN GLAZER + SCHAEFER
   PO BOX 45116
   505 S ROSA RD #225
   MADISON, Wisconsin 53744
Mailing Address:    Collin F. Schaefer
   OGDEN GLAZER + SCHAEFER
   PO BOX 45116
   505 S ROSA RD #225
   MADISON, Wisconsin 53744
        
Serial Number: 88396649
Internet Transmission Date: Wed Jan 15 17:35:43 EST 2020
TEAS Stamp: USPTO/PPA-XXX.XX.XX.XX-20200115173543981
188-88396649-7001922d18ac61cc1bab4b44bf8
c3cdb1c782e582ae2473c27e72cb4d9e6f08f61-
N/A-N/A-20200115173129745618



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