TEAS Request Reconsideration after FOA

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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 88470670 TALKNOLOGY(Standard Characters, see http://uspto.report/TM/88470670/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Application service provider featuring application programming interface (API) software and software development tools for use in enabling cloud communication services; platform as a service (PAAS) featuring application programming interface (API) software and software development tools for cloud communication services; Software as a service (SAAS) services featuring software for electronic mail and digital messaging; Voice over internet protocol (VOIP) services; cloud communication services, namely, transmission of data from cloud networks for telecommunications networks; electronic mail and messaging services and delivery of messages by electronic transmission for others; computerized telephony services; Providing temporary use of online nondownloadable telecommunications software for computerized telephony services; Downloadable telecommunication and telephony software for use in computerized telephony applications
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: Application service provider featuring application programming interface (API) software and software development tools for use in enabling cloud communication services; platform as a service (PAAS) featuring application programming interface (API) software and software development tools for cloud communication services; software as a service (SAAS) services featuring software for electronic mail and digital messaging; Voice over internet protocol (VOIP) services; cloud computing featuring software for use in transmitting data from cloud networks for telecommunications networks; cloud communication services, namely, transmission of data from cloud networks for telecommunications networks; providing temporary use of on-line non-downloadable cloud computing software for use in transmitting data from cloud networks for telecommunications networks; electronic mail and messaging services and delivery of messages by electronic transmission for others; providing temporary use of online non-downloadable telecommunications software for computerized telephony services; computerized telephony services; Providing temporary use of online nondownloadable telecommunications software for computerized telephony services; Downloadable telecommunication and telephony software for use in computerized telephony applicationsClass 042 for Application service provider featuring application programming interface (API) software and software development tools for use in enabling cloud communication services; platform as a service (PAAS) featuring application programming interface (API) software and software development tools for cloud communication services; software as a service (SAAS) services featuring software for electronic mail and digital messaging; cloud computing featuring software for use in transmitting data from cloud networks for telecommunications networks; providing temporary use of on-line non-downloadable cloud computing software for use in transmitting data from cloud networks for telecommunications networks; providing temporary use of online non-downloadable telecommunications software for computerized telephony services
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 hereby adds the following class of goods/services to the application:
New: Class 009 for Downloadable telecommunication and telephony software for use in computerized telephony applications
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 hereby adds the following class of goods/services to the application:
New: Class 038 for Voice over internet protocol (VOIP) services; communication services, namely, transmission of data from cloud networks for telecommunications networks via the Internet; transmission of electronic mail and electronic messaging services; delivery of messages by electronic transmission for others; computerized telephony services
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: Travis Manfredi. Travis Manfredi of COBALT LLP, is located at

      1912 BONITA AVENUE
      BERKELEY, California 94704
      US
The docket/reference number is TALKNOLOGY42.

The phone number is 510-841-9800.

The fax number is 510-295-2401.

The email address is trademarks@cobaltlaw.com

The applicants proposed attorney information: Travis Manfredi. Other appointed attorneys are Tsan Abrahamson, Jessica Tam. Travis Manfredi of COBALT 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

      1912 BONITA AVENUE
      BERKELEY, California 94704
      United States
The docket/reference number is TALKNOLOGY42.

The phone number is 510-841-9800.

The fax number is 510-295-2401.

The email address is trademarks@cobaltlaw.com

Travis Manfredi 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: TRAVIS MANFREDI. TRAVIS MANFREDI of COBALT LLP, is located at

      1912 BONITA AVENUE
      BERKELEY, California 94704
      US
The docket/reference number is TALKNOLOGY42.

The phone number is 510-841-9800.

The fax number is 510-295-2401.

The email address is trademarks@cobaltlaw.com

The applicants proposed correspondence information: Travis Manfredi. Travis Manfredi of COBALT LLP, is located at

      1912 BONITA AVENUE
      BERKELEY, California 94704
      United States
The docket/reference number is TALKNOLOGY42.

The phone number is 510-841-9800.

The fax number is 510-295-2401.

The email address is trademarks@cobaltlaw.com

FEE(S)
Fee(s) in the amount of $550 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Request for Reconsideration Signature
Signature: /Jessica Tam/     Date: 12/03/2019
Signatory's Name: Jessica Tam
Signatory's Position: Attorney of Record, California Bar Member

Signatory's Phone Number: 510-841-9800

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

Mailing Address:    TRAVIS MANFREDI
   COBALT LLP
   
   1912 BONITA AVENUE
   BERKELEY, California 94704
Mailing Address:    Travis Manfredi
   COBALT LLP
   1912 BONITA AVENUE
   BERKELEY, California 94704
        
RAM Sale Number: 88470670
RAM Accounting Date: 12/03/2019
        
Serial Number: 88470670
Internet Transmission Date: Tue Dec 03 16:48:40 EST 2019
TEAS Stamp: USPTO/RFR-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXXX-20191203164840586156-88470670-
700216384629c66a43a781effabe18a97d133289
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