Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88471468 SOFTWIRE (Stylized and/or with Design, see http://uspto.report/TM/88471468/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Evidence. has been attached.
Original PDF file:
evi_247319434-20191206192855977394_._SOFTWIRE_Response_to_the_Non_Final_Office_Action_w_Exhibits_.pdf
Converted PDF file(s) ( 13 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Design and development of computer hardware and software; Scientific and technological services, namely, research and design in the field of computer software, data science and artificial intelligence; Computer programming and computer system analysis
Original Filing Basis:
Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322884 registered 07/21/2017 with a renewal date of __________ and an expiration date of 05/04/2027 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Design and development of computer hardware and software; Design and development of computer hardware and software, not in the fields of energy management, lighting control, or temperature control; Scientific and technological services, namely, research and design in the field of computer software, data science and artificial intelligence; Scientific and technological services, namely, research and design in the field of computer software, not related to the fields of energy management, lighting control, or temperature control, data science and artificial intelligence; Computer programming and computer system analysis; Computer programming and computer system analysis, not in the fields of energy management, lighting control, or temperature controlClass 042 for Design and development of computer hardware and software, not in the fields of energy management, lighting control, or temperature control; Scientific and technological services, namely, research and design in the field of computer software, not related to the fields of energy management, lighting control, or temperature control, data science and artificial intelligence; Computer programming and computer system analysis, not in the fields of energy management, lighting control, or temperature control
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ United Kingdom registration number UK0000322884 registered 07/21/2017 with a renewal date of __________ and an expiration date of 05/04/2027 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "SOFTWIRE" where the letter "I" is dotted with a triangle pointing to the right, all in blue.

Miscellaneous Statement
Please find attached the Foreign Registration Certificates in response to the Foreign Registration Requirement.

Original PDF file:
mis-247319434-20191206192855977394_._20191206_750001_SOFTWIRE_Foreign_Registration_Certificates_.pdf
Converted PDF file(s) ( 7 pages)
Miscellaneous File1
Miscellaneous File2
Miscellaneous File3
Miscellaneous File4
Miscellaneous File5
Miscellaneous File6
Miscellaneous File7

SIGNATURE(S)
Response Signature
Signature: /Brittany J. Maxey-Fisher/     Date: 12/06/2019
Signatory's Name: Brittany J. Maxey-Fisher
Signatory's Position: Attorney of Record, Florida Bar Member

Signatory's Phone Number: 7272304949

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.

        
Serial Number: 88471468
Internet Transmission Date: Fri Dec 06 19:43:33 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20191206194333010
486-88471468-700275bdb8b9f176b865f9f8fa1
5041a1458747ceef7cee74bb9175d23c7262ac21
-N/A-N/A-20191206192855977394