Response to Office Action

BACPAC

AIXEP, Inc.

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 88467290
LAW OFFICE ASSIGNED LAW OFFICE 108
MARK SECTION
MARK http://uspto.report/TM/88467290/mark.png
LITERAL ELEMENT BACPAC
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_967621033-20200309233050281053_._Backpack_retired.pdf
       CONVERTED PDF FILE(S)
       (1 page)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0002.JPG
       ORIGINAL PDF FILE evi_967621033-20200309233050281053_._Intranet__Group_Calendar__Small_Business_Organizer__Backpack.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0003.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0004.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0005.JPG
       ORIGINAL PDF FILE evi_967621033-20200309233050281053_._ightweight_project_management_with_Backpack_-_Jonathan_Nicol.pdf
       CONVERTED PDF FILE(S)
       (8 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0006.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0007.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0008.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0009.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0010.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0011.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0012.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0013.JPG
       ORIGINAL PDF FILE evi_967621033-20200309233050281053_._37signals_Product_Blog__Backpack.pdf
       CONVERTED PDF FILE(S)
       (6 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0014.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0015.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0016.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0017.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0018.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0019.JPG
       ORIGINAL PDF FILE evi_967621033-20200309233050281053_._Argument_-_004.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0020.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0021.JPG
DESCRIPTION OF EVIDENCE FILE 1 Google search result pointing to Basecamp link re Backpack retired 2 Post from http://backpackit.com/ re Backpack 3 Article re Backpack as Lightweight project management tool 4 37Signals product blog re Basecamp 5 Argument
GOODS AND/OR SERVICES SECTION (009) (current)
INTERNATIONAL CLASS 009
DESCRIPTION
Downloadable mobile applications for use in collecting, editing, organizing, modifying, managing, viewing, commenting on, storing, posting, annotating, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable mobile applications for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to view customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable mobile applications for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable mobile applications for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable mobile applications for enable registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for authorising access to databases; Downloadable computer application software for mobile phones, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for allowing registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for application and database integration; Downloadable computer software for computer system and application development, deployment and management; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, creating, collecting, organizing, uploading, downloading, viewing, commenting on, annotating, editing, modifying, managing, storing, posting, displaying and sharing user-defined information, in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data in the fields of the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling registered users to upload, download, post, view, comment on, display, share, and distribute digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, allowing registered users to share with other users recommendations and information; Downloadable software in the nature of a mobile application for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable software in the nature of a mobile application for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/26/2018
        FIRST USE IN COMMERCE DATE At least as early as 03/26/2018
GOODS AND/OR SERVICES SECTION (009) (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Downloadable mobile applications for use in collecting, editing, organizing, modifying, managing, viewing, commenting on, storing, posting, annotating, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online databases in the field of entertainment and in the field of education; Downloadable mobile applications for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs; Downloadable mobile applications for enabling registered users to view customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge, text, media, information and data; Downloadable mobile applications for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online computer databases in the field of entertainment and in the field of education; Downloadable mobile applications for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable mobile applications for enable registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for authorising access to databases; Downloadable computer application software for mobile phones, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; Downloadable computer application software for mobile phones, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for allowing registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for application and database integration; Downloadable computer software for computer system and application development, deployment and management; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, creating, collecting, organizing, uploading, downloading, viewing, commenting on, annotating, editing, modifying, managing, storing, posting, displaying and sharing user-defined information, in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data in the fields of the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling registered users to upload, download, post, view, comment on, display, share, and distribute digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, allowing registered users to share with other users recommendations and information; Downloadable software in the nature of a mobile application for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable software in the nature of a mobile application for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database
FINAL DESCRIPTION
Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs; for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 03/26/2018
       FIRST USE IN COMMERCE DATE At least as early as 03/26/2018
       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)
       ORIGINAL PDF FILE SPU0-967621033-20200309233050281053_._iTunes_screen_shot_03-09-2020.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0022.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0023.JPG
       ORIGINAL PDF FILE SPU0-967621033-20200309233050281053_._bacpac_-_home_page.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0024.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0025.JPG
       ORIGINAL PDF FILE SPU0-967621033-20200309233050281053_._Bacpac_Buddy.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0026.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0027.JPG
       SPECIMEN DESCRIPTION 1 Screen shot of Applicant's mobile application as it appears in the iTunes Store, obtained and printed March 9, 2020 2 Printout of the Home page of Applicant's website with link to enable users to download Applicant's mobile application from the Apple iTunes Store, printed March 9, 2020 - http://www.bacpac.me 3 Printout of the Collection Viewer page of Applicant's website, printed March 9, 2020 - http://buddy.bacpac.net
GOODS AND/OR SERVICES SECTION (041)(class added)
INTERNATIONAL CLASS 041
DESCRIPTION
Providing online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 03/26/2018
        FIRST USE IN COMMERCE DATE At least as early as 03/26/2018
       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)
       ORIGINAL PDF FILE SPN0-967621033-20200309233050281053_._iTunes_screen_shot_03-09-2020.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0028.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0029.JPG
       ORIGINAL PDF FILE SPN0-967621033-20200309233050281053_._bacpac_-_home_page.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0030.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0031.JPG
       ORIGINAL PDF FILE SPN0-967621033-20200309233050281053_._Bacpac_Buddy.pdf
       CONVERTED PDF FILE(S)
       (2 pages)
\\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0032.JPG
        \\TICRS\EXPORT18\IMAGEOUT18\884\672\88467290\xml1\ROA0033.JPG
       SPECIMEN DESCRIPTION 1 Screen shot of Applicant's mobile application as it appears in the iTunes Store, obtained and printed March 9, 2020 2 Printout of the Home page of Applicant's website with link to enable users to download Applicant's mobile application from the Apple iTunes Store, printed March 9, 2020 - http://www.bacpac.me 3 Printout of the Collection Viewer page of Applicant's website, printed March 9, 2020 - http://buddy.bacpac.net
ADDITIONAL STATEMENTS SECTION
MISCELLANEOUS STATEMENT Applicant added a login link to the Home page of its website.
ATTORNEY INFORMATION (current)
NAME Susan Kalra
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME MAHAMEDI IP LAW LLP
STREET 910 CAMPISI WAY, SUITE 1E
CITY CAMPBELL
STATE California
POSTAL CODE 95008
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 408-236-6636
EMAIL uspto@m-iplaw.com
DOCKET/REFERENCE NUMBER AIXP.T004
ATTORNEY INFORMATION (proposed)
NAME Susan Kalra
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME Mahamedi IP Law LLP
STREET 910 Campisi Way, Suite 1E
CITY Campbell
STATE California
POSTAL CODE 95008
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
PHONE 408-236-6636
EMAIL susan@m-iplaw.com
DOCKET/REFERENCE NUMBER AIXP.T004
OTHER APPOINTED ATTORNEY Jon Jonsson, Diwei Zhang, Jay Bentley, Wei-Sern Cheah, Zurvan Mahamedi
CORRESPONDENCE INFORMATION (current)
NAME SUSAN KALRA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE uspto@m-iplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER AIXP.T004
CORRESPONDENCE INFORMATION (proposed)
NAME Susan Kalra
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE susan@m-iplaw.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) uspto@m-iplaw.com
DOCKET/REFERENCE NUMBER AIXP.T004
PAYMENT SECTION
APPLICATION FOR REGISTRATION PER CLASS 275
NUMBER OF CLASSES 1
ADDITIONAL FEE FOR APPLICATION NOT MEETING TEAS PLUS FILING REQUIREMENTS PER CLASS 125
NUMBER OF CLASSES 1
TOTAL FEES DUE 400
SIGNATURE SECTION
DECLARATION SIGNATURE / Susan Kalra/
SIGNATORY'S NAME Kalra, Susan
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 408-236-6636
DATE SIGNED 03/09/2020
RESPONSE SIGNATURE /Susan Kalra/
SIGNATORY'S NAME Kalra, Susan
SIGNATORY'S POSITION Attorney of record
SIGNATORY'S PHONE NUMBER 408-236-6636
DATE SIGNED 03/09/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Tue Mar 10 00:00:50 ET 2020
TEAS STAMP USPTO/ROA-XX.XX.XXX.XX-20
200310000050703312-884672
90-710894eb5384e79a89c639
33c4e295e858465d79965864b
83e780cf421b6f43d-CC-0048
8491-20200309233050281053



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. 88467290 BACPAC(Standard Characters, see http://uspto.report/TM/88467290/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of 1 Google search result pointing to Basecamp link re Backpack retired 2 Post from http://backpackit.com/ re Backpack 3 Article re Backpack as Lightweight project management tool 4 37Signals product blog re Basecamp 5 Argument has been attached.
Original PDF file:
evi_967621033-20200309233050281053_._Backpack_retired.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
Original PDF file:
evi_967621033-20200309233050281053_._Intranet__Group_Calendar__Small_Business_Organizer__Backpack.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_967621033-20200309233050281053_._ightweight_project_management_with_Backpack_-_Jonathan_Nicol.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Original PDF file:
evi_967621033-20200309233050281053_._37signals_Product_Blog__Backpack.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_967621033-20200309233050281053_._Argument_-_004.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Downloadable mobile applications for use in collecting, editing, organizing, modifying, managing, viewing, commenting on, storing, posting, annotating, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable mobile applications for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to view customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable mobile applications for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable mobile applications for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable mobile applications for enable registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for authorising access to databases; Downloadable computer application software for mobile phones, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for allowing registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for application and database integration; Downloadable computer software for computer system and application development, deployment and management; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, creating, collecting, organizing, uploading, downloading, viewing, commenting on, annotating, editing, modifying, managing, storing, posting, displaying and sharing user-defined information, in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data in the fields of the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling registered users to upload, download, post, view, comment on, display, share, and distribute digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, allowing registered users to share with other users recommendations and information; Downloadable software in the nature of a mobile application for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable software in the nature of a mobile application for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database
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 03/26/2018 and first used in commerce at least as early as 03/26/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Downloadable mobile applications for use in collecting, editing, organizing, modifying, managing, viewing, commenting on, storing, posting, annotating, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online databases in the field of entertainment and in the field of education; Downloadable mobile applications for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs; Downloadable mobile applications for enabling registered users to view customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge, text, media, information and data; Downloadable mobile applications for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online computer databases in the field of entertainment and in the field of education; Downloadable mobile applications for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable mobile applications for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable mobile applications for enable registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for authorising access to databases; Downloadable computer application software for mobile phones, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; Downloadable computer application software for mobile phones, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, namely, software for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access an online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for the collection, editing, organizing, modifying, managing, viewing, commenting on, storage, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for allowing registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end database; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable computer software for application and database integration; Downloadable computer software for computer system and application development, deployment and management; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, creating, collecting, organizing, uploading, downloading, viewing, commenting on, annotating, editing, modifying, managing, storing, posting, displaying and sharing user-defined information, in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for collecting, editing, organizing, modifying, managing, viewing, commenting on, annotating, storing, posting, displaying and sharing of digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data in the fields of the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, enabling registered users to upload, download, post, view, comment on, display, share, and distribute digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data; Downloadable software in the nature of a mobile application for entertainment, education and communication, namely, allowing registered users to share with other users recommendations and information; Downloadable software in the nature of a mobile application for enabling registered users to access back-end services by mobile software applications, namely, data storage and data management; Downloadable software in the nature of a mobile application for enabling registered users to submit ** digital images, photographs, text, media, information and data from a mobile device into a back-end databaseClass 009 for Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs; for enabling registered users to share recommendations and information in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge, text, media, information and data; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to access online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling registered users to upload, download, post, view, comment on, display, share, and distribute customized on-line web pages featuring user-defined information, namely, blog posts in the fields of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge; Downloadable computer application software for mobile phones, mobile devices, and wireless devices, namely, software for enabling users to create social networks to enable users to collect, edit, organize, modify, manage, view, comment on, share, post, display, and store user-created digital images, photographs, text, media, information and data
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 03/26/2018 and first used in commerce at least as early as 03/26/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 009. The specimen(s) submitted consists of 1 Screen shot of Applicant's mobile application as it appears in the iTunes Store, obtained and printed March 9, 2020 2 Printout of the Home page of Applicant's website with link to enable users to download Applicant's mobile application from the Apple iTunes Store, printed March 9, 2020 - http://www.bacpac.me 3 Printout of the Collection Viewer page of Applicant's website, printed March 9, 2020 - http://buddy.bacpac.net.
"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].
Original PDF file:
SPU0-967621033-20200309233050281053_._iTunes_screen_shot_03-09-2020.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPU0-967621033-20200309233050281053_._bacpac_-_home_page.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPU0-967621033-20200309233050281053_._Bacpac_Buddy.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 041 for Providing online computer databases in the field of entertainment and in the field of education; on-line journals, namely, blogs in the field of cultural commentary, art, performing arts, music, dance, education, politics, culture, economics, science, food, beverages, travel, self-improvement, self-fulfillment, personal experiences, and personal knowledge
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 03/26/2018 and first used in commerce at least as early as 03/26/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 041 . The specimen(s) submitted consists of 1 Screen shot of Applicant's mobile application as it appears in the iTunes Store, obtained and printed March 9, 2020 2 Printout of the Home page of Applicant's website with link to enable users to download Applicant's mobile application from the Apple iTunes Store, printed March 9, 2020 - http://www.bacpac.me 3 Printout of the Collection Viewer page of Applicant's website, printed March 9, 2020 - http://buddy.bacpac.net .
"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].
Original PDF file:
SPN0-967621033-20200309233050281053_._iTunes_screen_shot_03-09-2020.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-967621033-20200309233050281053_._bacpac_-_home_page.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2
Original PDF file:
SPN0-967621033-20200309233050281053_._Bacpac_Buddy.pdf
Converted PDF file(s) ( 2 pages)
Specimen File1
Specimen File2

The owner's/holder's current attorney information: Susan Kalra. Susan Kalra of MAHAMEDI IP LAW LLP, is located at

      910 CAMPISI WAY, SUITE 1E
      CAMPBELL, California 95008
      United States
The docket/reference number is AIXP.T004.
      The phone number is 408-236-6636.
      The email address is uspto@m-iplaw.com

The owner's/holder's proposed attorney information: Susan Kalra. Other appointed attorneys are Jon Jonsson, Diwei Zhang, Jay Bentley, Wei-Sern Cheah, Zurvan Mahamedi. Susan Kalra of Mahamedi IP Law LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      910 Campisi Way, Suite 1E
      Campbell, California 95008
      United States
The docket/reference number is AIXP.T004.
      The phone number is 408-236-6636.
      The email address is susan@m-iplaw.com

Susan Kalra 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.Correspondence Information (current):
      SUSAN KALRA
      PRIMARY EMAIL FOR CORRESPONDENCE: uspto@m-iplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is AIXP.T004.
Correspondence Information (proposed):
      Susan Kalra
      PRIMARY EMAIL FOR CORRESPONDENCE: susan@m-iplaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): uspto@m-iplaw.com

The docket/reference number is AIXP.T004.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant added a login link to the Home page of its website.


FEE(S)
Fee(s) in the amount of $400 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: / Susan Kalra/      Date: 03/09/2020
Signatory's Name: Kalra, Susan
Signatory's Position: Attorney of record
Signatory's Phone Number: 408-236-6636


Response Signature
Signature: /Susan Kalra/     Date: 03/09/2020
Signatory's Name: Kalra, Susan
Signatory's Position: Attorney of record

Signatory's Phone Number: 408-236-6636

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:    SUSAN KALRA
   MAHAMEDI IP LAW LLP
   
   910 CAMPISI WAY, SUITE 1E
   CAMPBELL, California 95008
Mailing Address:    Susan Kalra
   Mahamedi IP Law LLP
   910 Campisi Way, Suite 1E
   Campbell, California 95008
        
RAM Sale Number: 88467290
RAM Accounting Date: 03/10/2020
        
Serial Number: 88467290
Internet Transmission Date: Tue Mar 10 00:00:50 ET 2020
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20200310000050703
312-88467290-710894eb5384e79a89c63933c4e
295e858465d79965864b83e780cf421b6f43d-CC
-00488491-20200309233050281053


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