Response to Office Action

CLOUD EXPERIENCE

TOOLBOX TVE, LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88411504
LAW OFFICE ASSIGNED LAW OFFICE 103
MARK SECTION
MARK http://uspto.report/TM/88411504/mark.png
LITERAL ELEMENT CLOUD EXPERIENCE
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_26001700a3115e805554177267c9121b-20200120162443726991_._20200120_-_Response_to_OA__Cloud_Experience_.pdf
       CONVERTED PDF FILE(S)
       (14 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0011.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0012.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0013.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0014.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0015.JPG
       ORIGINAL PDF FILE evi_1-26001700a3115e805554177267c9121b-20200120162443726991_._Exhibit_A_-_Cloud_Experience_Response_to_OA.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0016.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0017.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0018.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0019.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0020.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0021.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0022.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\115\88411504\xml4\ROA0023.JPG
DESCRIPTION OF EVIDENCE FILE Response to office action; Exhibit A - screenshots from webpages of other products sold as "experience cloud"
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 042
DESCRIPTION
Software as a Service (SaS) for the creation of Internet applications and client interfaces; Software as a Service (SaS) to design and manage content of websites and applications; Software as a Service (SaS) to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 01/11/2015
        FIRST USE IN COMMERCE DATE At least as early as 01/11/2015
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Software as a Service (SaS) for the creation of Internet applications and client interfaces; Software as a Service (SaaS) featuring software for the creation of Internet applications and client interfaces; Software as a Service (SaS) to design and manage content of websites and applications; Software as a Service (SaaS) featuring software to design and manage content of websites and applications; Software as a Service (SaS) to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services; Software as a Service (SaaS) featuring software to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services
FINAL DESCRIPTION
Software as a Service (SaaS) featuring software for the creation of Internet applications and client interfaces; Software as a Service (SaaS) featuring software to design and manage content of websites and applications; Software as a Service (SaaS) featuring software to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 01/11/2015
       FIRST USE IN COMMERCE DATE At least as early as 01/11/2015
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use CLOUD apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Rafael Perez-Pineiro
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME THE BRICKELL IP GROUP, PLLC
STREET 1101 BRICKELL AVE FL 8, SOUTH TOWER
CITY MIAMI
STATE Florida
POSTAL CODE 33131
COUNTRY US
PHONE 305-728-8831
EMAIL rperez@brickellip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Rafael Perez-Pineiro
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME THE BRICKELL IP GROUP, PLLC
STREET 1101 BRICKELL AVE FL 8, SOUTH TOWER
CITY MIAMI
STATE Florida
POSTAL CODE 33131
COUNTRY United States
PHONE 305-728-8831
EMAIL rperez@brickellip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Nicole Fundora
CORRESPONDENCE SECTION (current)
NAME RAFAEL PEREZ-PINEIRO
FIRM NAME THE BRICKELL IP GROUP, PLLC
STREET 1101 BRICKELL AVE FL 8, SOUTH TOWER
CITY MIAMI
STATE Florida
POSTAL CODE 33131
COUNTRY US
PHONE 305-728-8831
EMAIL rperez@brickellip.com; rguerra@brickellip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Rafael Perez-Pineiro
FIRM NAME THE BRICKELL IP GROUP, PLLC
STREET 1101 BRICKELL AVE FL 8, SOUTH TOWER
CITY MIAMI
STATE Florida
POSTAL CODE 33131
COUNTRY United States
PHONE 305-728-8831
EMAIL rperez@brickellip.com; nfundora@brickellip.com; rguerra@brickellip.com; info@brickellip.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Nicole Fundora/
SIGNATORY'S NAME Nicole Fundora
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 7864689736
DATE SIGNED 01/20/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Jan 20 16:41:07 EST 2020
TEAS STAMP USPTO/ROA-XXXX:XXXX:XXXX:
XXXX:XXXX:XXXX:XXXX:XXXX-
20200120164107491890-8841
1504-700c757b652dfc2cafdb
82f668ab9d2b627671f49b433
24fae67694782767b4d7-N/A-
N/A-20200120162443726991



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. 88411504 CLOUD EXPERIENCE(Standard Characters, see http://uspto.report/TM/88411504/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Response to office action; Exhibit A - screenshots from webpages of other products sold as "experience cloud" has been attached.
Original PDF file:
evi_26001700a3115e805554177267c9121b-20200120162443726991_._20200120_-_Response_to_OA__Cloud_Experience_.pdf
Converted PDF file(s) ( 14 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Original PDF file:
evi_1-26001700a3115e805554177267c9121b-20200120162443726991_._Exhibit_A_-_Cloud_Experience_Response_to_OA.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 042 for Software as a Service (SaS) for the creation of Internet applications and client interfaces; Software as a Service (SaS) to design and manage content of websites and applications; Software as a Service (SaS) to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/11/2015 and first used in commerce at least as early as 01/11/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Software as a Service (SaS) for the creation of Internet applications and client interfaces; Software as a Service (SaaS) featuring software for the creation of Internet applications and client interfaces; Software as a Service (SaS) to design and manage content of websites and applications; Software as a Service (SaaS) featuring software to design and manage content of websites and applications; Software as a Service (SaS) to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services; Software as a Service (SaaS) featuring software to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment servicesClass 042 for Software as a Service (SaaS) featuring software for the creation of Internet applications and client interfaces; Software as a Service (SaaS) featuring software to design and manage content of websites and applications; Software as a Service (SaaS) featuring software to access backend services, namely, syncing data, data storage, data control, data transmission, push notifications, user management, application performance reporting, mobile messaging, social media platforms, video player, mobile payment services
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 01/11/2015 and first used in commerce at least as early as 01/11/2015 , and is now in use in such commerce.
The applicant's current attorney information: Rafael Perez-Pineiro. Rafael Perez-Pineiro of THE BRICKELL IP GROUP, PLLC, is located at

      1101 BRICKELL AVE FL 8, SOUTH TOWER
      MIAMI, Florida 33131
      US

The phone number is 305-728-8831.

The email address is rperez@brickellip.com

The applicants proposed attorney information: Rafael Perez-Pineiro. Other appointed attorneys are Nicole Fundora. Rafael Perez-Pineiro of THE BRICKELL IP GROUP, PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1101 BRICKELL AVE FL 8, SOUTH TOWER
      MIAMI, Florida 33131
      United States

The phone number is 305-728-8831.

The email address is rperez@brickellip.com

Rafael Perez-Pineiro 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: RAFAEL PEREZ-PINEIRO. RAFAEL PEREZ-PINEIRO of THE BRICKELL IP GROUP, PLLC, is located at

      1101 BRICKELL AVE FL 8, SOUTH TOWER
      MIAMI, Florida 33131
      US

The phone number is 305-728-8831.

The email address is rperez@brickellip.com; rguerra@brickellip.com

The applicants proposed correspondence information: Rafael Perez-Pineiro. Rafael Perez-Pineiro of THE BRICKELL IP GROUP, PLLC, is located at

      1101 BRICKELL AVE FL 8, SOUTH TOWER
      MIAMI, Florida 33131
      United States

The phone number is 305-728-8831.

The email address is rperez@brickellip.com; nfundora@brickellip.com; rguerra@brickellip.com; info@brickellip.com

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CLOUD apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Nicole Fundora/     Date: 01/20/2020
Signatory's Name: Nicole Fundora
Signatory's Position: Attorney of record

Signatory's Phone Number: 7864689736

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:    RAFAEL PEREZ-PINEIRO
   THE BRICKELL IP GROUP, PLLC
   
   1101 BRICKELL AVE FL 8, SOUTH TOWER
   MIAMI, Florida 33131
Mailing Address:    Rafael Perez-Pineiro
   THE BRICKELL IP GROUP, PLLC
   1101 BRICKELL AVE FL 8, SOUTH TOWER
   MIAMI, Florida 33131
        
Serial Number: 88411504
Internet Transmission Date: Mon Jan 20 16:41:07 EST 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20200120164107491890-88411504-
700c757b652dfc2cafdb82f668ab9d2b627671f4
9b43324fae67694782767b4d7-N/A-N/A-202001
20162443726991


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