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. 88429133 ADS... NOW THAT'S SMART!(Standard Characters, see http://uspto.report/TM/88429133/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 Application service provider of equipment and software in the field of flow monitoring of fluids through pipelines, namely, monitoring and analysis of flow data and reporting resulting information; providing maintenance and site inspections of pipelines; providing use of online computer software and software as a service for the analysis of sewer system flow data; providing scientific research information in the field of wastewater history and wastewater management; scientific study and research in the field of wastewater management and wastewater history
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 05/09/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Application service provider of equipment and software in the field of flow monitoring of fluids through pipelines, namely, monitoring and analysis of flow data and reporting resulting information; Application service provider featuring software in the field of flow monitoring of fluids through pipelines, namely, monitoring and analysis of flow data and reporting resulting information; providing maintenance and site inspections of pipelines; Providing temporary use of on-line non-downloadable computer software and software as a service services featuring software for the analysis of sewer system flow data; providing use of online computer software and software as a service for the analysis of sewer system flow data; providing scientific research information in the field of wastewater history and wastewater management; scientific study and research in the field of wastewater management and wastewater historyClass 042 for Application service provider featuring software in the field of flow monitoring of fluids through pipelines, namely, monitoring and analysis of flow data and reporting resulting information; Providing temporary use of on-line non-downloadable computer software and software as a service services featuring software for the analysis of sewer system flow data; providing scientific research information in the field of wastewater history and wastewater management; scientific study and research in the field of wastewater management and wastewater history
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 05/09/2019 and first used in commerce at least as early as 05/09/2019 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Lisa M Anderson/     Date: 06/19/2019
Signatory's Name: Lisa M. Anderson
Signatory's Position: Attorney of record, IL bar member

Signatory's Phone Number: 847-457-3791

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.

        
Serial Number: 88429133
Internet Transmission Date: Wed Jun 19 12:01:21 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019061912012142
9483-88429133-620796ca2419199a4ba5305b84
77def01c825e87954de39e7e30dee77fdbd419a4
-N/A-N/A-20190619115950890464