Response to Office Action

IBM Q SYSTEM ONE

International Business Machines Corporation

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 88468723
LAW OFFICE ASSIGNED LAW OFFICE 105
MARK SECTION
MARK http://uspto.report/TM/88468723/mark.png
LITERAL ELEMENT IBM Q SYSTEM ONE
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.
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer hardware and computer software; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; computer software for use in controlling the operation and execution of computer systems, programs, and networks; computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; computer operating system software; computer software for linking together computers and for enabling computing across a globally accessible network; computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely, network integrating computer hardware and software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; electronic publications; computer hardware and computer software for quantum computing; computer software for computational analysis of imaging; computer hardware and software relating to security technologies. Computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; computer software for quantum computing; computer hardware for quantum computing; computer software to access a quantum computer; computer software to convert computer code to be read on a quantum computer; user interfaces to control and read-out information from a quantum computer; computer software to simulate a quantum computer; software for utilizing quantum computers in applications
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
        FOREIGN FILING DATE 01/07/2019
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer hardware and computer software; Computer hardware and downloadable computer software for processing data; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; computer software for use in controlling the operation and execution of computer systems, programs, and networks; downloadable computer software for use in controlling the operation and execution of computer systems, programs, and networks; computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; downloadable computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; computer operating system software; downloadable computer operating system software; computer software for linking together computers and for enabling computing across a globally accessible network; downloadable computer software for linking together computers and for enabling computing across a globally accessible network; computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; downloadable computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely, network integrating computer hardware and software for dynamic provisioning, virtualization, and consumption metering of computer resources; cloud computing system, namely network integrating computer hardware and downloadable software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; computer systems, namely, computer hardware and downloadable computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; electronic publications; downloadable electronic publications in the nature of books, brochures, informational sheets, instructional manuals, presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials in the field of information technology, cloud computing, artificial intelligence, computer simulations, and quantum computing; computer hardware and computer software for quantum computing; computer hardware and downloadable computer software for quantum computing; computer software for computational analysis of imaging; downloadable computer software for computational analysis of imaging; computer hardware and software relating to security technologies. Computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; computer hardware and downloadable software for accessing a quantum computer; computer software for quantum computing; downloadable computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; downloadable computer software for quantum computing; computer software to access a quantum computer; computer hardware for quantum computing; computer software to convert computer code to be read on a quantum computer; downloadable computer software to access a quantum computer; user interfaces to control and read-out information from a quantum computer; downloadable computer software to convert computer code to be read on a quantum computer; computer software to simulate a quantum computer; user interfaces, namely, keyboards, electronic control panels, and touchscreens to control and read-out information from a quantum computer; software for utilizing quantum computers in applications; downloadable computer software to simulate a quantum computer; downloadable software for utilizing quantum computers in applications
FINAL DESCRIPTION
Computer hardware and downloadable computer software for processing data; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; downloadable computer software for use in controlling the operation and execution of computer systems, programs, and networks; downloadable computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; downloadable computer operating system software; downloadable computer software for linking together computers and for enabling computing across a globally accessible network; downloadable computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely network integrating computer hardware and downloadable software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and downloadable computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; downloadable electronic publications in the nature of books, brochures, informational sheets, instructional manuals, presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials in the field of information technology, cloud computing, artificial intelligence, computer simulations, and quantum computing; computer hardware and downloadable computer software for quantum computing; downloadable computer software for computational analysis of imaging; computer hardware and downloadable software for accessing a quantum computer; downloadable computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; downloadable computer software for quantum computing; computer hardware for quantum computing; downloadable computer software to access a quantum computer; downloadable computer software to convert computer code to be read on a quantum computer; user interfaces, namely, keyboards, electronic control panels, and touchscreens to control and read-out information from a quantum computer; downloadable computer software to simulate a quantum computer; downloadable software for utilizing quantum computers in applications
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
       FOREIGN FILING DATE 01/07/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
GOODS AND/OR SERVICES SECTION (016)(current)
INTERNATIONAL CLASS 016
DESCRIPTION
Printed materials; printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, all in the field of computers, computer services, information technology, electronic business transactions via a global computer network, and quantum computing
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
        FOREIGN FILING DATE 01/07/2019
GOODS AND/OR SERVICES SECTION (016)(proposed)
INTERNATIONAL CLASS 016
TRACKED TEXT DESCRIPTION
Printed materials; Printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials all in the field of computers, computer services, information technology, cloud computing, artificial intelligence, computer simulations, quantum computing, and electronic business transactions via a global computer network; printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, all in the field of computers, computer services, information technology, electronic business transactions via a global computer network, and quantum computing
FINAL DESCRIPTION
Printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials all in the field of computers, computer services, information technology, cloud computing, artificial intelligence, computer simulations, quantum computing, and electronic business transactions via a global computer network
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
       FOREIGN FILING DATE 01/07/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Computer services; computer systems integrations services; computer consultation services; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems ; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely, cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others; consulting services in the field of quantum computing; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
        FOREIGN FILING DATE 01/07/2019
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Computer services; Computer services, namely, computer programming, computer software development, and computer systems analysis; computer systems integrations services; computer consultation services; computer consultation services, namely, computer software consulting, cloud computing consulting, and computer programming consulting; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely, cloud hosting provider services; computer services, namely cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others; quantum computing services for others, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; consulting services in the field of quantum computing; consulting services in the field of quantum computing, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing; consulting services in the field of cognitive computing, namely, simulating human thought processes in a computerized model
FINAL DESCRIPTION
Computer services, namely, computer programming, computer software development, and computer systems analysis; computer systems integrations services; computer consultation services, namely, computer software consulting, cloud computing consulting, and computer programming consulting; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems ; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; consulting services in the field of quantum computing, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing, namely, simulating human thought processes in a computerized model
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER 4513351
       FOREIGN APPLICATION COUNTRY France
       FOREIGN FILING DATE 01/07/2019
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
FILING BASIS Section 44(e)
       FOREIGN REGISTRATION FILE NAME(S)
       ORIGINAL PDF FILE FRU2-1-12941877-083746718_._IBM_Q_SYSTEM_ONE_French_Registration.pdf
       CONVERTED PDF FILE(S)
       (4 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\687\88468723\xml5\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468723\xml5\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468723\xml5\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468723\xml5\ROA0005.JPG
       STANDARD CHARACTERS
       OR EQUIVALENT
YES
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use SYSTEM apart from the mark as shown.
ATTORNEY SECTION (current)
NAME Valerie Calloway
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME INTERNATIONAL BUSINESS MACHINES CORP.
INTERNAL ADDRESS INTELLECTUAL PROPERTY - TRADEMARKS
STREET NORTH CASTLE DRIVE
CITY ARMONK
STATE New York
POSTAL CODE 10504
COUNTRY US
PHONE 914-765-7246
FAX 914-765-4370
EMAIL ibmtm@us.ibm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Valerie Calloway
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME International Business Machines Corp.
INTERNAL ADDRESS Intellectual Property- Trademarks
STREET 1 North Castle Drive
CITY Armonk
STATE New York
POSTAL CODE 10504
COUNTRY United States
PHONE 914-765-7246
FAX 914-765-4370
EMAIL ibmtm@us.ibm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
OTHER APPOINTED ATTORNEY Jenny L. Greisman
CORRESPONDENCE SECTION (current)
NAME VALERIE CALLOWAY
FIRM NAME INTERNATIONAL BUSINESS MACHINES CORP.
INTERNAL ADDRESS INTELLECTUAL PROPERTY - TRADEMARKS
STREET NORTH CASTLE DRIVE
CITY ARMONK
STATE New York
POSTAL CODE 10504
COUNTRY US
PHONE 914-765-7246
FAX 914-765-4370
EMAIL ibmtm@us.ibm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Valerie Calloway
FIRM NAME International Business Machines Corp.
INTERNAL ADDRESS Intellectual Property- Trademarks
STREET 1 North Castle Drive
CITY Armonk
STATE New York
POSTAL CODE 10504
COUNTRY United States
PHONE 914-765-7246
FAX 914-765-4370
EMAIL ibmtm@us.ibm.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
DECLARATION SIGNATURE /Valerie Calloway/
SIGNATORY'S NAME Valerie Calloway
SIGNATORY'S POSITION Attorney of record, Ohio Bar member
SIGNATORY'S PHONE NUMBER 914-765-7246
DATE SIGNED 12/05/2019
RESPONSE SIGNATURE /Valerie Calloway/
SIGNATORY'S NAME Valerie Calloway
SIGNATORY'S POSITION Attorney of Record, Ohio Bar Member
SIGNATORY'S PHONE NUMBER 914-765-7246
DATE SIGNED 12/09/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Dec 09 19:34:07 EST 2019
TEAS STAMP USPTO/ROA-XXX.XX.XX.X-201
91209193407534107-8846872
3-700cad91b50947f30cb2be2
bc929bf7cfa87b48c9786fca9
3be4b9f6061da993e9c-N/A-N
/A-20191204083746718467



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. 88468723 IBM Q SYSTEM ONE(Standard Characters, see http://uspto.report/TM/88468723/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 009 for Computer hardware and computer software; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; computer software for use in controlling the operation and execution of computer systems, programs, and networks; computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; computer operating system software; computer software for linking together computers and for enabling computing across a globally accessible network; computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely, network integrating computer hardware and software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; electronic publications; computer hardware and computer software for quantum computing; computer software for computational analysis of imaging; computer hardware and software relating to security technologies. Computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; computer software for quantum computing; computer hardware for quantum computing; computer software to access a quantum computer; computer software to convert computer code to be read on a quantum computer; user interfaces to control and read-out information from a quantum computer; computer software to simulate a quantum computer; software for utilizing quantum computers in applications
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer hardware and computer software; Computer hardware and downloadable computer software for processing data; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; computer software for use in controlling the operation and execution of computer systems, programs, and networks; downloadable computer software for use in controlling the operation and execution of computer systems, programs, and networks; computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; downloadable computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; computer operating system software; downloadable computer operating system software; computer software for linking together computers and for enabling computing across a globally accessible network; downloadable computer software for linking together computers and for enabling computing across a globally accessible network; computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; downloadable computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely, network integrating computer hardware and software for dynamic provisioning, virtualization, and consumption metering of computer resources; cloud computing system, namely network integrating computer hardware and downloadable software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; computer systems, namely, computer hardware and downloadable computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; electronic publications; downloadable electronic publications in the nature of books, brochures, informational sheets, instructional manuals, presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials in the field of information technology, cloud computing, artificial intelligence, computer simulations, and quantum computing; computer hardware and computer software for quantum computing; computer hardware and downloadable computer software for quantum computing; computer software for computational analysis of imaging; downloadable computer software for computational analysis of imaging; computer hardware and software relating to security technologies. Computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; computer hardware and downloadable software for accessing a quantum computer; computer software for quantum computing; downloadable computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; downloadable computer software for quantum computing; computer software to access a quantum computer; computer hardware for quantum computing; computer software to convert computer code to be read on a quantum computer; downloadable computer software to access a quantum computer; user interfaces to control and read-out information from a quantum computer; downloadable computer software to convert computer code to be read on a quantum computer; computer software to simulate a quantum computer; user interfaces, namely, keyboards, electronic control panels, and touchscreens to control and read-out information from a quantum computer; software for utilizing quantum computers in applications; downloadable computer software to simulate a quantum computer; downloadable software for utilizing quantum computers in applicationsClass 009 for Computer hardware and downloadable computer software for processing data; computers; computer servers; computer storage devices, namely, high-speed storage subsystems for storage and backup of electronic data either locally or via a telecommunications network; downloadable computer software for use in controlling the operation and execution of computer systems, programs, and networks; downloadable computer software for use in connecting disparate computer networks and systems, computer servers and storage devices; downloadable computer operating system software; downloadable computer software for linking together computers and for enabling computing across a globally accessible network; downloadable computer software for managing hardware, software and processes that exist within an information technology environment, computer systems combining hardware and software for use in management and analysis of data and instructional manuals sold as a unit therewith; cloud computing system, namely network integrating computer hardware and downloadable software for dynamic provisioning, virtualization, and consumption metering of computer resources; downloadable cloud-computing software for deploying and managing virtual machines to a cloud computing platform; computer systems, namely, computer hardware and downloadable computer software for integrating Natural Language Processing (NLP), Computational Linguistics (CL), Information Retrieval (IR) and Machine Learning (ML) which is capable of understanding general human queries and formulating responses; downloadable electronic publications in the nature of books, brochures, informational sheets, instructional manuals, presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials in the field of information technology, cloud computing, artificial intelligence, computer simulations, and quantum computing; computer hardware and downloadable computer software for quantum computing; downloadable computer software for computational analysis of imaging; computer hardware and downloadable software for accessing a quantum computer; downloadable computer software for constructing, analyzing, testing, programming and running programs, algorithms, instruction languages, and applications on a quantum computer; downloadable computer software for quantum computing; computer hardware for quantum computing; downloadable computer software to access a quantum computer; downloadable computer software to convert computer code to be read on a quantum computer; user interfaces, namely, keyboards, electronic control panels, and touchscreens to control and read-out information from a quantum computer; downloadable computer software to simulate a quantum computer; downloadable software for utilizing quantum computers in applications
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 016 for Printed materials; printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, all in the field of computers, computer services, information technology, electronic business transactions via a global computer network, and quantum computing
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Printed materials; Printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials all in the field of computers, computer services, information technology, cloud computing, artificial intelligence, computer simulations, quantum computing, and electronic business transactions via a global computer network; printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, all in the field of computers, computer services, information technology, electronic business transactions via a global computer network, and quantum computingClass 016 for Printed materials, namely, books, brochures, informational sheets, instructional manuals, written presentations, instructional and teaching materials, press releases, newsletters, journals, technical reports, educational materials, and training materials all in the field of computers, computer services, information technology, cloud computing, artificial intelligence, computer simulations, quantum computing, and electronic business transactions via a global computer network
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Computer services; computer systems integrations services; computer consultation services; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems ; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely, cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others; consulting services in the field of quantum computing; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing
Original Filing Basis:
Filing Basis: Section 44(d), Priority based on foreign filing: For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer services; Computer services, namely, computer programming, computer software development, and computer systems analysis; computer systems integrations services; computer consultation services; computer consultation services, namely, computer software consulting, cloud computing consulting, and computer programming consulting; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely, cloud hosting provider services; computer services, namely cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others; quantum computing services for others, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; consulting services in the field of quantum computing; consulting services in the field of quantum computing, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing; consulting services in the field of cognitive computing, namely, simulating human thought processes in a computerized modelClass 042 for Computer services, namely, computer programming, computer software development, and computer systems analysis; computer systems integrations services; computer consultation services, namely, computer software consulting, cloud computing consulting, and computer programming consulting; consulting services in the field of design, selection, implementation and use of computer hardware and software systems for others; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and computer software problems ; computer systems design services for others; computer systems analysis; interconnection of computer hardware and software, namely, integration of computer systems and networks; computer software and hardware testing services, namely, testing of computer software, computers and servers to assure proper functioning; installation, updating and maintenance of computer software; computer programming for others; cloud computing services, namely, network integrated computer hardware and software services for dynamic provisioning, virtualization, and consumption metering of computer resources; consulting services in the field of cloud computing; providing virtual computer systems and virtual computer environments through cloud computing; design and development of computer software for cloud storage of data; computer services, namely cloud hosting provider services; computer services, namely, electronic data storage and data recovery services; computer software and hardware design for quantum computing; quantum computing services for others, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; consulting services in the field of quantum computing, namely, computing leveraging different physical phenomena, such as superposition, entanglement, and interference to store and process data and information; computer software and hardware design for cognitive computing; consulting services in the field of cognitive computing, namely, simulating human thought processes in a computerized model
Filing Basis: Section 44(d), Priority based on foreign filing:For a trademark or service mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to use the mark in commerce on or in connection with the identified goods/services, and asserts a claim of priority based upon a foreign application. For a collective trademark, collective service mark, or collective membership mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the identified goods/services/collective membership organization, and asserts a claim of priority based upon a foreign application. For a certification mark application: As of the application filing date, the applicant had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce by authorized users in connection with the identified goods/services, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ France application number 4513351 filed 01/07/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

The applicant's current attorney information: Valerie Calloway. Valerie Calloway of INTERNATIONAL BUSINESS MACHINES CORP., is located at

      INTELLECTUAL PROPERTY - TRADEMARKS
      NORTH CASTLE DRIVE
      ARMONK, New York 10504
      US

The phone number is 914-765-7246.

The fax number is 914-765-4370.

The email address is ibmtm@us.ibm.com

The applicants proposed attorney information: Valerie Calloway. Other appointed attorneys are Jenny L. Greisman. Valerie Calloway of International Business Machines Corp., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Intellectual Property- Trademarks
      1 North Castle Drive
      Armonk, New York 10504
      United States

The phone number is 914-765-7246.

The fax number is 914-765-4370.

The email address is ibmtm@us.ibm.com

Valerie Calloway 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: VALERIE CALLOWAY. VALERIE CALLOWAY of INTERNATIONAL BUSINESS MACHINES CORP., is located at

      INTELLECTUAL PROPERTY - TRADEMARKS
      NORTH CASTLE DRIVE
      ARMONK, New York 10504
      US

The phone number is 914-765-7246.

The fax number is 914-765-4370.

The email address is ibmtm@us.ibm.com

The applicants proposed correspondence information: Valerie Calloway. Valerie Calloway of International Business Machines Corp., is located at

      Intellectual Property- Trademarks
      1 North Castle Drive
      Armonk, New York 10504
      United States

The phone number is 914-765-7246.

The fax number is 914-765-4370.

The email address is ibmtm@us.ibm.com

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


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: /Valerie Calloway/      Date: 12/05/2019
Signatory's Name: Valerie Calloway
Signatory's Position: Attorney of record, Ohio Bar member
Signatory's Phone Number: 914-765-7246


Response Signature
Signature: /Valerie Calloway/     Date: 12/09/2019
Signatory's Name: Valerie Calloway
Signatory's Position: Attorney of Record, Ohio Bar Member

Signatory's Phone Number: 914-765-7246

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:    VALERIE CALLOWAY
   INTERNATIONAL BUSINESS MACHINES CORP.
   INTELLECTUAL PROPERTY - TRADEMARKS
   NORTH CASTLE DRIVE
   ARMONK, New York 10504
Mailing Address:    Valerie Calloway
   International Business Machines Corp.
   Intellectual Property- Trademarks
   1 North Castle Drive
   Armonk, New York 10504
        
Serial Number: 88468723
Internet Transmission Date: Mon Dec 09 19:34:07 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.X-201912091934075341
07-88468723-700cad91b50947f30cb2be2bc929
bf7cfa87b48c9786fca93be4b9f6061da993e9c-
N/A-N/A-20191204083746718467


Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]

Response to Office Action [image/jpeg]


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