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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
88410734 |
LAW OFFICE ASSIGNED |
LAW OFFICE 117 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/88410734/mark.png |
LITERAL ELEMENT |
WIZARD VIEW |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Computer Software Platform for monitoring, graphing and logging arc welding performance data collected from a series of sensors in a
web browser based graphical user interface. Data collected is used to determine weld cell OEE (overall equipment effectiveness), improve welding productivity and troubleshoot welding problems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/01/2008 |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Computer Software Platform for monitoring, graphing and logging arc welding performance data collected
from a series of sensors in a web browser based graphical user interface. Data collected is used to determine weld cell OEE (overall equipment effectiveness), improve welding productivity and
troubleshoot welding problems; Platform as a service (PAAS) featuring computer software platforms for monitoring, graphing and logging arc welding performance
data collected from a series of sensors in a web browser-based graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting
welding problems |
FINAL DESCRIPTION |
Platform as a service (PAAS) featuring computer software platforms for monitoring, graphing and logging arc welding performance data
collected from a series of sensors in a web browser-based graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting
welding problems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/01/2008 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\884\107\88410734\xml5\ ROA0002.JPG |
SPECIMEN DESCRIPTION |
A photo of a computer screen showing the computer software platform |
GOODS AND/OR SERVICES SECTION (009)(class added) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Downloadable computer software platforms for monitoring, graphing and logging arc welding performance data collected from a series of
sensors in a web browser-based graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting welding problems |
FILING BASIS |
Section 1(a) |
FIRST USE ANYWHERE DATE |
At least as early as 08/01/2008 |
FIRST USE IN COMMERCE DATE |
At least as early as 08/01/2008 |
STATEMENT TYPE |
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing
date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in
commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b)
Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an
illegible specimen]. |
SPECIMEN
FILE NAME(S) |
\\TICRS\EXPORT17\IMAGEOUT 17\884\107\88410734\xml5\ ROA0003.JPG |
SPECIMEN DESCRIPTION |
A photo of a computer screen showing the computer software platform |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
APPLICATION FOR REGISTRATION PER CLASS |
275 |
TOTAL FEES DUE |
275 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
/JJB/ |
SIGNATORY'S NAME |
J.J. Burchman |
SIGNATORY'S POSITION |
Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER |
5179995414 |
DATE SIGNED |
07/19/2019 |
RESPONSE SIGNATURE |
/JJB/ |
SIGNATORY'S NAME |
J.J. Burchman |
SIGNATORY'S POSITION |
Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER |
5179995414 |
DATE SIGNED |
07/19/2019 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Fri Jul 19 10:16:49 EDT 2019 |
TEAS STAMP |
USPTO/ROA-XX.XXX.XXX.XXX-
20190719101649189119-8841
0734-620cfd796368e874b9a8
3b7a66741d22477434d71a7eb
3ba9fe12321a6e78222-CC-94
34-20190719100651999500 |
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.
88410734 WIZARD VIEW (Stylized and/or with Design, see http://uspto.report/TM/88410734/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 042 for Computer Software Platform for monitoring, graphing and logging arc welding performance data collected from a series of sensors in a web browser based graphical user
interface. Data collected is used to determine weld cell OEE (overall equipment effectiveness), improve welding productivity and troubleshoot welding problems
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 08/01/2008
and first used in commerce at least as early as 08/01/2008 , and is now in use in such commerce.
Proposed:
Tracked Text Description: Computer Software Platform for monitoring, graphing and logging arc welding performance data collected from a series of sensors in a
web browser based graphical user interface. Data collected is used to determine weld cell OEE (overall equipment effectiveness), improve welding productivity and troubleshoot welding problems;
Platform as a service (PAAS) featuring computer software platforms for monitoring, graphing and logging arc welding performance data collected from a series of sensors
in a web browser-based graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting welding problemsClass 042 for
Platform as a service (PAAS) featuring computer software platforms for monitoring, graphing and logging arc welding performance data collected from a series of sensors in a web browser-based
graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting welding problems
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 08/01/2008
and first used in commerce at least as early as 08/01/2008 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 042 . The specimen(s) submitted consists of A photo of a computer screen showing the computer software platform .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
Applicant hereby adds the following class of goods/services to the application:
New: Class 009 for Downloadable computer software platforms for monitoring, graphing and logging arc welding performance data collected from a series of sensors in a web browser-based
graphical user interface for determining weld cell overall equipment effectiveness, improving welding productivity and troubleshooting welding problems
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided
specimen shows the mark in use in commerce (see specimen statement below).
For a collective trademark, collective service mark, collective membership mark, or certification mark
application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the
application filing date.
For a certification mark application: The applicant is not engaged 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 mark was first used at least as early as 08/01/2008
and first used in commerce at least as early as 08/01/2008 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 009 . The specimen(s) submitted consists of A photo of a computer screen showing the computer software platform .
"
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based
on Section 1(a), Use in Commerce] OR "
The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to
Allege Use or expiration of the filing deadline for filing a Statement of Use"
[for an application based on Section 1(b) Intent-to-Use].
OR "The attached specimen is a true copy
of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
Specimen File1
FEE(S)
Fee(s) in the amount of $275 is being submitted.
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /JJB/ Date: 07/19/2019
Signatory's Name: J.J. Burchman
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 5179995414
Response Signature
Signature: /JJB/ Date: 07/19/2019
Signatory's Name: J.J. Burchman
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: 5179995414
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.
RAM Sale Number: 88410734
RAM Accounting Date: 07/19/2019
Serial Number: 88410734
Internet Transmission Date: Fri Jul 19 10:16:49 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201907191016491
89119-88410734-620cfd796368e874b9a83b7a6
6741d22477434d71a7eb3ba9fe12321a6e78222-
CC-9434-20190719100651999500