Response to Office Action

FOAM

Synthro 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 88468735
LAW OFFICE ASSIGNED LAW OFFICE 128
MARK SECTION
MARK http://uspto.report/TM/88468735/mark.png
LITERAL ELEMENT FOAM
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_7723444138-20191104165507702728_._USPTO_response_110419.pdf
       CONVERTED PDF FILE(S)
       (10 pages)
\\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0006.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0009.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0010.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\884\687\88468735\xml4\ROA0011.JPG
DESCRIPTION OF EVIDENCE FILE Argument
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces; Downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics,still images, documents, and URLs through a series of graphical user interfaces
FINAL DESCRIPTION
Downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics,still images, documents, and URLs through a series of graphical user interfaces
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(current)
INTERNATIONAL CLASS 042
DESCRIPTION
Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces
FILING BASIS Section 1(b)
GOODS AND/OR SERVICES SECTION (042)(proposed)
INTERNATIONAL CLASS 042
TRACKED TEXT DESCRIPTION
Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces; Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs through a series of graphical user interfaces; temporary use of online non-downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs, through a series of graphical user interfaces
FINAL DESCRIPTION
Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs through a series of graphical user interfaces; temporary use of online non-downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs, through a series of graphical user interfaces
FILING BASIS Section 1(b)
ATTORNEY SECTION (current)
NAME Scott M. Soloway
ATTORNEY BAR MEMBERSHIP NUMBER NOT SPECIFIED
YEAR OF ADMISSION NOT SPECIFIED
U.S. STATE/ COMMONWEALTH/ TERRITORY NOT SPECIFIED
FIRM NAME SCOTT M. SOLOWAY, ESQ.
INTERNAL ADDRESS SUITE 260
STREET 888 WORCESTER ROAD
CITY WELLESLEY
STATE Massachusetts
POSTAL CODE 02482
COUNTRY US
PHONE 781-239-1470
EMAIL scott@ssolowaylaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
ATTORNEY SECTION (proposed)
NAME Scott M. Soloway
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
FIRM NAME SCOTT M. SOLOWAY, ESQ.
INTERNAL ADDRESS SUITE 260
STREET 888 WORCESTER ROAD
CITY WELLESLEY
STATE Massachusetts
POSTAL CODE 02482
COUNTRY United States
PHONE 781-239-1470
EMAIL scott@ssolowaylaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (current)
NAME SCOTT M. SOLOWAY
FIRM NAME SCOTT M. SOLOWAY, ESQ.
INTERNAL ADDRESS SUITE 260
STREET 888 WORCESTER ROAD
CITY WELLESLEY
STATE Massachusetts
POSTAL CODE 02482
COUNTRY US
PHONE 781-239-1470
EMAIL scott@ssolowaylaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
CORRESPONDENCE SECTION (proposed)
NAME Scott M. Soloway
FIRM NAME SCOTT M. SOLOWAY, ESQ.
INTERNAL ADDRESS SUITE 260
STREET 888 WORCESTER ROAD
CITY WELLESLEY
STATE Massachusetts
POSTAL CODE 02482
COUNTRY United States
PHONE 781-239-1470
EMAIL scott@ssolowaylaw.com
AUTHORIZED TO COMMUNICATE VIA EMAIL Yes
SIGNATURE SECTION
RESPONSE SIGNATURE /Scott M. Soloway/
SIGNATORY'S NAME Scott M. Soloway
SIGNATORY'S POSITION Attorney of record, Massachusetts Bar member
SIGNATORY'S PHONE NUMBER 7812391470
DATE SIGNED 11/04/2019
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Nov 04 17:11:19 EST 2019
TEAS STAMP USPTO/ROA-XX.XXX.XX.XXX-2
0191104171119568403-88468
735-700505d612fc7a441eed7
5b2593d66bbde0aad2bd94c64
a1975b0348506ac41a92-N/A-
N/A-20191104165507702728



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. 88468735 FOAM(Standard Characters, see http://uspto.report/TM/88468735/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument has been attached.
Original PDF file:
evi_7723444138-20191104165507702728_._USPTO_response_110419.pdf
Converted PDF file(s) ( 10 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Proposed:
Tracked Text Description: Computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces; Downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics,still images, documents, and URLs through a series of graphical user interfacesClass 009 for Downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics,still images, documents, and URLs through a series of graphical user interfaces
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

Proposed:
Tracked Text Description: Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data through a series of graphical user interfaces; Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs through a series of graphical user interfaces; temporary use of online non-downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs, through a series of graphical user interfacesClass 042 for Software as a service (SAAS) services in the fields of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs through a series of graphical user interfaces; temporary use of online non-downloadable computer software, namely, an application in the field of data management for the purpose of storing, interlinking, integrating, organizing, searching, displaying, sharing, posting, broadcasting and publishing a wide variety of media, social media and data, namely, text, video, audio, graphics, still images, documents, and URLs, through a series of graphical user interfaces
Filing Basis: Section 1(b), Intent to Use: 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 in the 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. 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, and 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.

The applicant's current attorney information: Scott M. Soloway. Scott M. Soloway of SCOTT M. SOLOWAY, ESQ., is located at

      SUITE 260
      888 WORCESTER ROAD
      WELLESLEY, Massachusetts 02482
      US

The phone number is 781-239-1470.

The email address is scott@ssolowaylaw.com

The applicants proposed attorney information: Scott M. Soloway. Scott M. Soloway of SCOTT M. SOLOWAY, ESQ., is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 260
      888 WORCESTER ROAD
      WELLESLEY, Massachusetts 02482
      United States

The phone number is 781-239-1470.

The email address is scott@ssolowaylaw.com

Scott M. Soloway 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: SCOTT M. SOLOWAY. SCOTT M. SOLOWAY of SCOTT M. SOLOWAY, ESQ., is located at

      SUITE 260
      888 WORCESTER ROAD
      WELLESLEY, Massachusetts 02482
      US

The phone number is 781-239-1470.

The email address is scott@ssolowaylaw.com

The applicants proposed correspondence information: Scott M. Soloway. Scott M. Soloway of SCOTT M. SOLOWAY, ESQ., is located at

      SUITE 260
      888 WORCESTER ROAD
      WELLESLEY, Massachusetts 02482
      United States

The phone number is 781-239-1470.

The email address is scott@ssolowaylaw.com

SIGNATURE(S)
Response Signature
Signature: /Scott M. Soloway/     Date: 11/04/2019
Signatory's Name: Scott M. Soloway
Signatory's Position: Attorney of record, Massachusetts Bar member

Signatory's Phone Number: 7812391470

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:    SCOTT M. SOLOWAY
   SCOTT M. SOLOWAY, ESQ.
   SUITE 260
   888 WORCESTER ROAD
   WELLESLEY, Massachusetts 02482
Mailing Address:    Scott M. Soloway
   SCOTT M. SOLOWAY, ESQ.
   SUITE 260
   888 WORCESTER ROAD
   WELLESLEY, Massachusetts 02482
        
Serial Number: 88468735
Internet Transmission Date: Mon Nov 04 17:11:19 EST 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019110417111956
8403-88468735-700505d612fc7a441eed75b259
3d66bbde0aad2bd94c64a1975b0348506ac41a92
-N/A-N/A-20191104165507702728


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