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. 88407923 PIIQ(Standard Characters, see http://uspto.report/TM/88407923/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 of the response form.

EVIDENCE

Original PDF file:
evi_6520724-20200110121351601169_._PIIQ_Office_Action_Response_1-10-2020.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

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, hardware and firmware; application software including application software for beauty and/or hair salon finder; electronic publications; computer software that enables users to make reservations and bookings for personal services; computer software for customers and potential customers to interact with and to compare personal service providers; downloadable software for appointment management, notification, commercial evaluation, payment transactions, client management, rewards management, and for locating, geolocating and comparing personal services providers including beauty and/or hair salons; computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; computer software in the nature of an application programming interface (API) for computer software which facilitates online services for allowing data retrieval, upload, download, access and management; computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; computer software for streaming audio-visual media content via a global computer network and to mobile and digital electronic devices; electronic publications; appointment and booking tracking software; Electronic Point of Sale (EPOS) systems; Electronic Point of Sale (EPOS) systems comprising computer hardware and software, telecommunications apparatus and instruments; downloadable computer software to allow users to perform electronic business transactions via a global computer network; downloadable computer software to allow users to receive and process orders via a global computer network; downloadable computer software applications to allow users to search, order, browse personal services, including beauty and hair salon services and/or rate and/or comment on those services; computer software applications relating to the sale, order and booking of beauty and hair salon services; computer software for use in navigation for and location identification of beauty and/or hair salon services
Original Filing Basis:
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[ Australia application number 1965697 filed 10/31/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software, hardware and firmware; Downloadable computer software for use in capturing, manipulating and viewing multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; application software including application software for beauty and/or hair salon finder; computer hardware; electronic publications; downloadable firmware for use in capturing, manipulating and viewing multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer software that enables users to make reservations and bookings for personal services; downloadable application software including application software for use in finding, booking, providing, and sharing beauty and/or hair salon services; computer software for customers and potential customers to interact with and to compare personal service providers; downloadable electronic publications, namely, books, magazines, manuals, e-books, newsletters, periodicals, blog entries, and articles, in the field of beauty, fashion, wellness, business, business management, health, special events, haircare, salon and beauty products, and in the lifestyle industry; downloadable software for appointment management, notification, commercial evaluation, payment transactions, client management, rewards management, and for locating, geolocating and comparing personal services providers including beauty and/or hair salons; downloadable computer software that enables users to make reservations and bookings for personal services; computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; downloadable computer software for customers and potential customers to interact with and to compare personal service providers; computer software in the nature of an application programming interface (API) for computer software which facilitates online services for allowing data retrieval, upload, download, access and management; downloadable software for appointment management, notification, commercial evaluation, payment transactions, client management, rewards management, and for locating, geo-locating and comparing personal services providers including beauty and/or hair salons; computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; computer software for streaming audio-visual media content via a global computer network and to mobile and digital electronic devices; on-line downloadable computer software in the nature of an application programming interface (API) for computer software which facilitates online services for allowing data retrieval, upload, download, access and management; electronic publications; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; appointment and booking tracking software; downloadable computer software for streaming audio-visual media content via a global computer network and to mobile and digital electronic devices; Electronic Point of Sale (EPOS) systems; downloadable appointment and booking tracking software; Electronic Point of Sale (EPOS) systems comprising computer hardware and software, telecommunications apparatus and instruments; electronic point of sale (EPOS) terminals; electronic point of sale (EPOS) systems comprising computer hardware and downloadable software for system management, telecommunications apparatus and instruments in the nature of mobile phones, handheld mobile digital electronic devices, handheld computers, tablet computers, digital audio and video players and recorders, electronic notepads, electronic organizers, and personal digital assistants; downloadable computer software to allow users to perform electronic business transactions via a global computer network; downloadable computer software to allow users to receive and process orders via a global computer network; computer software applications relating to the sale, order and booking of beauty and hair salon services; downloadable computer software applications to allow users to search, order, browse personal services, including beauty and hair salon services and/or rate and/or comment on those services; computer software for use in navigation for and location identification of beauty and/or hair salon services; downloadable computer software applications relating to the sale, order and booking of beauty and hair salon services; downloadable computer software for use in navigation for and location identification of beauty and/or hair salon services; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progressClass 009 for Downloadable computer software for use in capturing, manipulating and viewing multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer hardware; downloadable firmware for use in capturing, manipulating and viewing multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; downloadable application software including application software for use in finding, booking, providing, and sharing beauty and/or hair salon services; downloadable electronic publications, namely, books, magazines, manuals, e-books, newsletters, periodicals, blog entries, and articles, in the field of beauty, fashion, wellness, business, business management, health, special events, haircare, salon and beauty products, and in the lifestyle industry; downloadable computer software that enables users to make reservations and bookings for personal services; downloadable computer software for customers and potential customers to interact with and to compare personal service providers; downloadable software for appointment management, notification, commercial evaluation, payment transactions, client management, rewards management, and for locating, geo-locating and comparing personal services providers including beauty and/or hair salons; downloadable computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information; on-line downloadable computer software in the nature of an application programming interface (API) for computer software which facilitates online services for allowing data retrieval, upload, download, access and management; downloadable computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks; downloadable computer software for streaming audio-visual media content via a global computer network and to mobile and digital electronic devices; downloadable appointment and booking tracking software; electronic point of sale (EPOS) terminals; electronic point of sale (EPOS) systems comprising computer hardware and downloadable software for system management, telecommunications apparatus and instruments in the nature of mobile phones, handheld mobile digital electronic devices, handheld computers, tablet computers, digital audio and video players and recorders, electronic notepads, electronic organizers, and personal digital assistants; downloadable computer software to allow users to perform electronic business transactions via a global computer network; downloadable computer software to allow users to receive and process orders via a global computer network; downloadable computer software applications to allow users to search, order, browse personal services, including beauty and hair salon services and/or rate and/or comment on those services; downloadable computer software applications relating to the sale, order and booking of beauty and hair salon services; downloadable computer software for use in navigation for and location identification of beauty and/or hair salon services; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progress
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 [ Australia application number 1965697 filed 10/31/2018]. 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 041 for Publishing for the lifestyle industry; creation, editing and publication of film, sound and video recording for the lifestyle industry; publishing of printed matter, books and periodical publications; creating and publishing training materials for the lifestyle industry
Original Filing Basis:
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[ Australia application number 1965697 filed 10/31/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Publishing for the lifestyle industry; Creating, editing, producing, publishing, and distributing motion picture film, sound, and video recordings for the lifestyle industry; creation, editing and publication of film, sound and video recording for the lifestyle industry; publishing of printed matter in the nature of books, magazines, manuals, e-books, newsletters, periodicals, blog entries, and articles; publishing of printed matter, books and periodical publications; creating and publishing training materials for the beauty, salon, and haircare industry; creating and publishing training materials for the lifestyle industry; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progress.Class 041 for Creating, editing, producing, publishing, and distributing motion picture film, sound, and video recordings for the lifestyle industry; publishing of printed matter in the nature of books, magazines, manuals, e-books, newsletters, periodicals, blog entries, and articles; creating and publishing training materials for the beauty, salon, and haircare industry; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progress.
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 [ Australia application number 1965697 filed 10/31/2018]. 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 Computer services, including, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; computer programming services; computer consultancy services; computer software design services; research and development of technology, including research and development in relation to telecommunications goods and on-line computer services; mapping services, including electronic, on-line and digital mapping services; hosting of websites for others; designing of websites; design and implementation of IT solutions; maintenance of computer software; data security services; search engine services; software as a service delivered website building and publishing tool; computer services, namely, content management systems for websites'; computer services, namely, website tracking tools; hosting landing pages; computerised storage of business information; hosting a website including a website featuring technology; Hosting a website for the management, booking, notification, location and payment of beauty and/or hair salon services; file sharing services, namely, hosting a web site featuring technology enabling users to upload and download electronic files; hosting on-line web facilities for others for managing and sharing on-line content; hosting computer software applications of others; application service provider (ASP) publication of information in electronic form; computerised data storage services; data storage (other than physical storage); electronic data storage; storage services (other than physical storage) for electronic media and data; information, advisory and consultancy services in relation to the aforementioned; Application service provider (ASP) and software as a service (SaaS) services relating to Electronic Point of Sale systems; application service provider (ASP) and software as a service (SaaS) services to allow users to perform electronic business transactions via a global computer network; provision of software tools and software platforms online to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; providing temporary use online of non-downloadable software to facilitate the processing; providing temporary use online of non-downloadable software to facilitate communication between beauty and/or hair salon and customer; providing temporary use online of non-downloadable software for use in navigation and location identification of a beauty and/or hair salon; consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, including telephonic and on-line support; consultancy services related to the setting up and operation of websites and internet portals; creating, maintaining and hosting websites and internet portals; installation, maintenance and repair of computer software; web site security services for the protection of personal and financial data; advisory services relating to computer security; hiring, rental and leasing of electronic point of sale (EPOS) systems; hosting of web journals (blogs) for beauty and/or hair salons; information and advisory services relating to the aforesaid
Original Filing Basis:
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[ Australia application number 1965697 filed 10/31/2018]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer services, including, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; Computer services, namely, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; computer programming services; computer programming services in the nature of capturing, manipulating and displaying multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer consultancy services; computer consultancy services, not in the field of measuring employee performance, employee productivity, or employee goals; computer software design services; computer software design services, not in the field of measuring employee performance, employee productivity, or employee goals; research and development of technology, including research and development in relation to telecommunications goods and on-line computer services; research and development of technology, namely, product research and development in relation to telecommunications goods and on-line computer services; mapping services, including electronic, on-line and digital mapping services; mapping services, namely, electronic, on-line and digital mapping services; hosting of websites for others; designing of websites; design and implementation of IT solutions; computer design and implementation of IT systems; maintenance of computer software; data security services; data security services, namely, data encryption services for providing security and anonymity for electronically transmitted data; search engine services; provision of internet search engine services; software as a service delivered website building and publishing tool; software as a service (SAAS) services, namely, hosting software for use by others for use in website building and publishing; computer services, namely, content management systems for websites'; computer services, namely, providing on-line non-downloadable software for content management of websites; computer services, namely, website tracking tools; computer services, namely, software for management of website tracking information; hosting landing pages; hosting websites for others featuring landing pages; computerised storage of business information; computerized electronic data storage of business information; hosting a website including a website featuring technology; hosting an online website for others including a website featuring technology, not in the field of measuring employee performance, employee productivity, or employee goals; Hosting a website for the management, booking, notification, location and payment of beauty and/or hair salon services; hosting an online website for the management, booking, notification, location and payment of beauty and/or hair salon services; file sharing services, namely, hosting a web site featuring technology enabling users to upload and download electronic files; hosting on-line web facilities for others for managing and sharing on-line content; hosting computer software applications of others; application service provider (ASP) publication of information in electronic form; application service provider (ASP), namely, hosting computer software applications of others featuring publication of information in electronic form; computerised data storage services; computerized electronic data storage services; data storage (other than physical storage); electronic data storage other than physical storage; electronic data storage; storage services (other than physical storage) for electronic media and data; storage services other than physical storage for electronic media and data; information, advisory and consultancy services in relation to the aforementioned; information, advisory and consultancy services in relation to the aforementioned application service provider (ASP) and software as a service (SaaS) services featuring software for electronic point of sale systems; Application service provider (ASP) and software as a service (SaaS) services relating to Electronic Point of Sale systems; application service provider (ASP) and software as a service (SaaS) services featuring software that allows users to perform electronic business transactions via a global computer network; application service provider (ASP) and software as a service (SaaS) services to allow users to perform electronic business transactions via a global computer network; providing on-line non-downloadable software and software platforms to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; provision of software tools and software platforms online to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; providing temporary use online of non-downloadable software to facilitate communication between beauty and/or hair salon and customer; providing temporary use online of non-downloadable software to facilitate the processing; providing temporary use online of non-downloadable software for use in navigation and location identification of a beauty and/or hair salon; computer consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, featuring telephonic and on-line support; computer consultancy services related to the setting up and operation of websites and internet portals; consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, including telephonic and on-line support; creating, maintaining and hosting websites and internet portals; consultancy services related to the setting up and operation of websites and internet portals; installation, maintenance and repair of computer software; web site security services for the protection of personal and financial data, namely, monitoring of computer systems for security purposes; advisory services relating to computer security; web site security services for the protection of personal and financial data; rental and leasing of computer hardware and computer peripheral equipment for use in electronic point of sale (EPOS) systems; creating and maintaining blogs for beauty and/or hair salons; hiring, rental and leasing of electronic point of sale (EPOS) systems; hosting a website featuring web journals (blogs) for beauty and/or hair salons; hosting of web journals (blogs) for beauty and/or hair salons; Computer services, namely, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; computer programming services in the nature of capturing, manipulating and displaying multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer consultancy services, not in the field of measuring employee performance, employee productivity, or employee goals; computer software design services, not in the field of measuring employee performance, employee productivity, or employee goals; research and development of technology, namely, product research and development in relation to telecommunications goods and on-line computer services; mapping services, namely, electronic, on-line and digital mapping services; hosting of websites for others; designing of websites; computer design and implementation of IT systems; maintenance of computer software; data security services, namely, data encryption services for providing security and anonymity for electronically transmitted data; provision of internet search engine services; software as a service (SAAS) services, namely, hosting software for use by others for use in website building and publishing; computer services, namely, providing on-line non-downloadable software for content management of websites; computer services, namely, software for management of website tracking information; hosting websites for others featuring landing pages; computerized electronic data storage of business information; hosting an online website for others including a website featuring technology, not in the field of measuring employee performance, employee productivity, or employee goals; hosting an online website for the management, booking, notification, location and payment of beauty and/or hair salon services; file sharing services, namely, hosting a web site featuring technology enabling users to upload and download electronic files; hosting on-line web facilities for others for managing and sharing on-line content; hosting computer software applications of others; application service provider (ASP), namely, hosting computer software applications of others featuring publication of information in electronic form; computerized electronic data storage services; electronic data storage other than physical storage; electronic data storage; storage services other than physical storage for electronic media and data; information, advisory and consultancy services in relation to the aforementioned application service provider (ASP) and software as a service (SaaS) services featuring software for electronic point of sale systems; application service provider (ASP) and software as a service (SaaS) services featuring software that allows users to perform electronic business transactions via a global computer network; providing on-line non-downloadable software and software platforms to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; providing temporary use online of non-downloadable software to facilitate communication between beauty and/or hair salon and customer; providing temporary use online of non-downloadable software for use in navigation and location identification of a beauty and/or hair salon; computer consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, featuring telephonic and on-line support; computer consultancy services related to the setting up and operation of websites and internet portals; creating, maintaining and hosting websites and internet portals; installation, maintenance and repair of computer software; web site security services for the protection of personal and financial data, namely, monitoring of computer systems for security purposes; advisory services relating to computer security; rental and leasing of computer hardware and computer peripheral equipment for use in electronic point of sale (EPOS) systems; creating and maintaining blogs for beauty and/or hair salons; hosting a website featuring web journals (blogs) for beauty and/or hair salons; information and advisory services relating to the aforesaid; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progress.Class 042 for Computer services, namely, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; computer programming services in the nature of capturing, manipulating and displaying multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer consultancy services, not in the field of measuring employee performance, employee productivity, or employee goals; computer software design services, not in the field of measuring employee performance, employee productivity, or employee goals; research and development of technology, namely, product research and development in relation to telecommunications goods and on-line computer services; mapping services, namely, electronic, on-line and digital mapping services; hosting of websites for others; designing of websites; computer design and implementation of IT systems; maintenance of computer software; data security services, namely, data encryption services for providing security and anonymity for electronically transmitted data; provision of internet search engine services; software as a service (SAAS) services, namely, hosting software for use by others for use in website building and publishing; computer services, namely, providing on-line non-downloadable software for content management of websites; computer services, namely, software for management of website tracking information; hosting websites for others featuring landing pages; computerized electronic data storage of business information; hosting an online website for others including a website featuring technology, not in the field of measuring employee performance, employee productivity, or employee goals; hosting an online website for the management, booking, notification, location and payment of beauty and/or hair salon services; file sharing services, namely, hosting a web site featuring technology enabling users to upload and download electronic files; hosting on-line web facilities for others for managing and sharing on-line content; hosting computer software applications of others; application service provider (ASP), namely, hosting computer software applications of others featuring publication of information in electronic form; computerized electronic data storage services; electronic data storage other than physical storage; electronic data storage; storage services other than physical storage for electronic media and data; information, advisory and consultancy services in relation to the aforementioned application service provider (ASP) and software as a service (SaaS) services featuring software for electronic point of sale systems; application service provider (ASP) and software as a service (SaaS) services featuring software that allows users to perform electronic business transactions via a global computer network; providing on-line non-downloadable software and software platforms to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; providing temporary use online of non-downloadable software to facilitate communication between beauty and/or hair salon and customer; providing temporary use online of non-downloadable software for use in navigation and location identification of a beauty and/or hair salon; computer consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, featuring telephonic and on-line support; computer consultancy services related to the setting up and operation of websites and internet portals; creating, maintaining and hosting websites and internet portals; installation, maintenance and repair of computer software; web site security services for the protection of personal and financial data, namely, monitoring of computer systems for security purposes; advisory services relating to computer security; rental and leasing of computer hardware and computer peripheral equipment for use in electronic point of sale (EPOS) systems; creating and maintaining blogs for beauty and/or hair salons; hosting a website featuring web journals (blogs) for beauty and/or hair salons; Computer services, namely, hosting an interactive web site featuring technology that allows users to manage their appointments for beauty and hair salons; computer programming services in the nature of capturing, manipulating and displaying multimedia files, still files, video, graphics, audio, and text in the field of virtual reality and augmented reality visualization; computer consultancy services, not in the field of measuring employee performance, employee productivity, or employee goals; computer software design services, not in the field of measuring employee performance, employee productivity, or employee goals; research and development of technology, namely, product research and development in relation to telecommunications goods and on-line computer services; mapping services, namely, electronic, on-line and digital mapping services; hosting of websites for others; designing of websites; computer design and implementation of IT systems; maintenance of computer software; data security services, namely, data encryption services for providing security and anonymity for electronically transmitted data; provision of internet search engine services; software as a service (SAAS) services, namely, hosting software for use by others for use in website building and publishing; computer services, namely, providing on-line non-downloadable software for content management of websites; computer services, namely, software for management of website tracking information; hosting websites for others featuring landing pages; computerized electronic data storage of business information; hosting an online website for others including a website featuring technology, not in the field of measuring employee performance, employee productivity, or employee goals; hosting an online website for the management, booking, notification, location and payment of beauty and/or hair salon services; file sharing services, namely, hosting a web site featuring technology enabling users to upload and download electronic files; hosting on-line web facilities for others for managing and sharing on-line content; hosting computer software applications of others; application service provider (ASP), namely, hosting computer software applications of others featuring publication of information in electronic form; computerized electronic data storage services; electronic data storage other than physical storage; electronic data storage; storage services other than physical storage for electronic media and data; information, advisory and consultancy services in relation to the aforementioned application service provider (ASP) and software as a service (SaaS) services featuring software for electronic point of sale systems; application service provider (ASP) and software as a service (SaaS) services featuring software that allows users to perform electronic business transactions via a global computer network; providing on-line non-downloadable software and software platforms to facilitate electronic business transactions via a global computer network and/or to allow users to receive and process reservations, bookings and appointments online; providing temporary use online of non-downloadable software to facilitate communication between beauty and/or hair salon and customer; providing temporary use online of non-downloadable software for use in navigation and location identification of a beauty and/or hair salon; computer consultancy services related to electronic point of sale (EPOS) systems and computer hardware and software, featuring telephonic and on-line support; computer consultancy services related to the setting up and operation of websites and internet portals; creating, maintaining and hosting websites and internet portals; installation, maintenance and repair of computer software; web site security services for the protection of personal and financial data, namely, monitoring of computer systems for security purposes; advisory services relating to computer security; rental and leasing of computer hardware and computer peripheral equipment for use in electronic point of sale (EPOS) systems; creating and maintaining blogs for beauty and/or hair salons; hosting a website featuring web journals (blogs) for beauty and/or hair salons; information and advisory services relating to the aforesaid; none of the foregoing in the field of measuring employee performance, employee productivity, employee training, or employee goals, or providing or tracking employee training programs or progress.
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 [ Australia application number 1965697 filed 10/31/2018]. 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: Robert G. Kramer. Robert G. Kramer of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE NW
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 14926.0001.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

The applicants proposed attorney information: Robert G. Kramer. Other appointed attorneys are all the other attorneys of Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Robert G. Kramer of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      901 NEW YORK AVENUE NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 14926.0001.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com

Robert G. Kramer 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 G. KRAMER. ROBERT G. KRAMER of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE NW
      WASHINGTON, District of Columbia 20001
      US
The docket/reference number is 14926.0001.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com; docketupdates@finnegan.com; Robert.Kramer@finnegan.com; Jennifer.Coles@finnegan.com

The applicants proposed correspondence information: Robert G. Kramer. Robert G. Kramer of FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL, is located at

      901 NEW YORK AVENUE NW
      WASHINGTON, District of Columbia 20001
      United States
The docket/reference number is 14926.0001.

The phone number is 202-408-4000.

The fax number is 202-408-4400.

The email address is docketing@finnegan.com; Robert.Kramer@finnegan.com; Jessica.Hannah@finnegan.com; Jennifer.Coles@finnegan.com; docketupdates@finnegan.com

SIGNATURE(S)
Response Signature
Signature: /Jessica L. Hannah/     Date: 01/10/2020
Signatory's Name: Jessica L. Hannah
Signatory's Position: Attorney for Applicant

Signatory's Phone Number: 202-408-4400

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 G. KRAMER
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
   
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
Mailing Address:    Robert G. Kramer
   FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LL
   901 NEW YORK AVENUE NW
   WASHINGTON, District of Columbia 20001
        
Serial Number: 88407923
Internet Transmission Date: Fri Jan 10 14:01:50 EST 2020
TEAS Stamp: USPTO/ROA-XX.XXX.X.X-2020011014015004760
0-88407923-7003e35fb3ffc2d9422b8b5fbbd73
f7ea75ec8e2dab8841e8c88941c6b59a78-N/A-N
/A-20200110121351601169