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. 88472490 CLOUD (Stylized and/or with Design, see http://uspto.report/TM/88472490/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for administering and maintaining databases and virtual computing environments for others, namely, development, updating and maintenance of software and database systems, technical support services, and providing virtual computer systems and virtual computer environments through cloud computing; technical support services in the nature of installation, administration, and troubleshooting of web and database applications; application service provider (ASP), namely, hosting computer software applications and maintenance of online databases of others, electronic storage services for archiving databases, and rental of a database server to third parties; cloud computing featuring software for use in providing virtual computer environments for software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) functions; cloud hosting of electronic databases and virtual computing environments, namely, cloud hosting provider services; cloud-based network services providing network connectivity and management, security, continuity and productivity enhancements, namely, network analysis, computer network design, wireless engineering, virtualization, computer project management, computer network configuration services, technical support services, and computer security services, namely, restricting unauthorized access to hard drives, computer networks and websites; computer security services, namely, identification of cyber threats through multi-source threat intelligence and analysis, development of mitigation strategies to minimize risk of computer system infection and data exfiltration, remote configuration of pre-integrated security tools to protect computer software and electronic data from computer viruses and cyber security threats, and infrastructure and security tool notification and configuration to return infrastructure to compliant state, all of the foregoing being in the nature of computer security consultancy relating to computer data, programming, equipment and software; cloud computing featuring software for computer services, namely, providing desktop-as-a-service (DaaS) and virtual servers to others; Technology consulting and providing technological information in the fields of information technology, cloud computing, web services, software, software-as-a-service (SaaS), data processing and analytics, data storage, data warehousing, data archiving, data and information security, networking, mobile computing, and the Internet of Things (IoT); hosting the software, websites and other computer applications of others on a virtual private server; IT security services, namely, IT security risk assessments, network vulnerability assessments and testing to assess information security vulnerability, penetration testing of computers to assess information security vulnerability, network architecture review and design, regulatory and compliance assistance for quality control purposes, policy and procedure review in the nature of computer security consultancy, Service Organization Controls (SOC) cybersecurity technological reports, and Payment Card Industry (PCI) compliance testing, assessment and planning to assure compliance with industry standards, all of the foregoing in the nature of computer security consultancy; providing virtual computer systems and virtual computer environments through cloud computing; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software for managing virtual desktop environments, data storage and backup, database management, cloud computing, accounting and bookkeeping, data protection and security, monitoring cloud and application performance, cloud infrastructure management and automation, virtualization, networking, user authentication, Software Defined Networking (SDN), remote access, remote support, data sharing, and data, desktop and application streaming; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software platforms for the protection and defense against and response to data, computer network, and cyber breaches, threats, and invasions, and related technical support in the nature of help desk services for IT infrastructure, operating systems, database systems, and web applications; technical consulting, computer system analysis, technical advice, help desk services support, and managed computer security consultancy services in the fields of computer security, Internet security, data security, cybersecurity, information technology, computer systems, virtualization technologies, cloud computing and computing solutions and systems, and network architecture, all of the foregoing in the nature of consulting in the field of information technology and internet security; computer services, namely, remote management of the information technology (IT) systems of others; planning, design and management of information technology systems; providing virtual IT support staff services for businesses, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/29/2017 and first used in commerce at least as early as 10/29/2017 , and is now in use in such commerce.

Proposed:
Tracked Text Description: administering and maintaining databases and virtual computing environments for others, namely, development, updating and maintenance of software and database systems, technical support services, and providing virtual computer systems and virtual computer environments through cloud computing; administering and maintaining databases and virtual computing environments for others, namely, development, updating and maintenance of software and database systems, technical support services by troubleshooting in the nature of diagnosing computer hardware and software problems, and providing virtual computer systems and virtual computer environments through cloud computing; technical support services in the nature of installation, administration, and troubleshooting of web and database applications; application service provider (ASP), namely, hosting computer software applications and maintenance of online databases of others, electronic storage services for archiving databases, and rental of a database server to third parties; cloud computing featuring software for use in providing virtual computer environments for software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) functions; cloud hosting of electronic databases and virtual computing environments, namely, cloud hosting provider services; cloud-based network services providing network connectivity and management, security, continuity and productivity enhancements, namely, network analysis, computer network design, wireless engineering, virtualization, computer project management, computer network configuration services, technical support services, and computer security services, namely, restricting unauthorized access to hard drives, computer networks and websites; cloud-based network services providing network connectivity and management, security, continuity and productivity enhancements, namely, network analysis, computer network design, wireless engineering, virtualization, computer project management, computer network configuration services, technical support services by troubleshooting in the nature of diagnosing computer hardware and software problems, and computer security services, namely, restricting unauthorized access to hard drives, computer networks and websites; computer security services, namely, identification of cyber threats through multi-source threat intelligence and analysis, development of mitigation strategies to minimize risk of computer system infection and data exfiltration, remote configuration of pre-integrated security tools to protect computer software and electronic data from computer viruses and cyber security threats, and infrastructure and security tool notification and configuration to return infrastructure to compliant state, all of the foregoing being in the nature of computer security consultancy relating to computer data, programming, equipment and software; cloud computing featuring software for computer services, namely, providing desktop-as-a-service (DaaS) and virtual servers to others; Technology consulting and providing technological information in the fields of information technology, cloud computing, web services, software, software-as-a-service (SaaS), data processing and analytics, data storage, data warehousing, data archiving, data and information security, networking, mobile computing, and the Internet of Things (IoT); hosting the software, websites and other computer applications of others on a virtual private server; providing virtual computer systems and virtual computer environments through cloud computing; IT security services, namely, IT security risk assessments, network vulnerability assessments and testing to assess information security vulnerability, penetration testing of computers to assess information security vulnerability, network architecture review and design, regulatory and compliance assistance for quality control purposes, policy and procedure review in the nature of computer security consultancy, Service Organization Controls (SOC) cybersecurity technological reports, and Payment Card Industry (PCI) compliance testing, assessment and planning to assure compliance with industry standards, all of the foregoing in the nature of computer security consultancy; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software for managing virtual desktop environments, data storage and backup, database management, cloud computing, accounting and bookkeeping, data protection and security, monitoring cloud and application performance, cloud infrastructure management and automation, virtualization, networking, user authentication, Software Defined Networking (SDN), remote access, remote support, data sharing, and data, desktop and application streaming, and related technical support in the nature of help desk services for IT infrastructure, operating systems, database systems, and web applications; providing virtual IT technical support services, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software for managing virtual desktop environments, data storage and backup, database management, cloud computing, accounting and bookkeeping, data protection and security, monitoring cloud and application performance, cloud infrastructure management and automation, virtualization, networking, user authentication, Software Defined Networking (SDN), remote access, remote support, data sharing, and data, desktop and application streaming; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software platforms for the protection and defense against and response to data, computer network, and cyber breaches, threats, and invasions, and related technical support in the nature of help desk services for IT infrastructure, operating systems, database systems, and web applications; technical consulting, computer system analysis, technical advice, help desk services support, and managed computer security consultancy services in the fields of computer security, Internet security, data security, cybersecurity, information technology, computer systems, virtualization technologies, cloud computing and computing solutions and systems, and network architecture, all of the foregoing in the nature of consulting in the field of information technology and internet security; computer services, namely, remote management of the information technology (IT) systems of others; planning, design and management of information technology systems; providing virtual IT support staff services for businesses, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applicationsClass 042 for administering and maintaining databases and virtual computing environments for others, namely, development, updating and maintenance of software and database systems, technical support services by troubleshooting in the nature of diagnosing computer hardware and software problems, and providing virtual computer systems and virtual computer environments through cloud computing; technical support services in the nature of installation, administration, and troubleshooting of web and database applications; application service provider (ASP), namely, hosting computer software applications and maintenance of online databases of others, electronic storage services for archiving databases, and rental of a database server to third parties; cloud computing featuring software for use in providing virtual computer environments for software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) functions; cloud hosting of electronic databases and virtual computing environments, namely, cloud hosting provider services; cloud-based network services providing network connectivity and management, security, continuity and productivity enhancements, namely, network analysis, computer network design, wireless engineering, virtualization, computer project management, computer network configuration services, technical support services by troubleshooting in the nature of diagnosing computer hardware and software problems, and computer security services, namely, restricting unauthorized access to hard drives, computer networks and websites; cloud computing featuring software for computer services, namely, providing desktop-as-a-service (DaaS) and virtual servers to others; Technology consulting and providing technological information in the fields of information technology, cloud computing, web services, software, software-as-a-service (SaaS), data processing and analytics, data storage, data warehousing, data archiving, data and information security, networking, mobile computing, and the Internet of Things (IoT); hosting the software, websites and other computer applications of others on a virtual private server; providing virtual computer systems and virtual computer environments through cloud computing; software-as-a-service (SaaS), infrastructure-as-a-service (IaaS), platform-as-a-service (PaaS) and desktop-as-a-service (DaaS) featuring computer software for managing virtual desktop environments, data storage and backup, database management, cloud computing, accounting and bookkeeping, data protection and security, monitoring cloud and application performance, cloud infrastructure management and automation, virtualization, networking, user authentication, Software Defined Networking (SDN), remote access, remote support, data sharing, and data, desktop and application streaming, and related technical support in the nature of help desk services for IT infrastructure, operating systems, database systems, and web applications; providing virtual IT technical support services, namely, 24/7 service desk or help desk services for IT infrastructure, operating systems, database systems, and web applications
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 10/29/2017 and first used in commerce at least as early as 10/29/2017 , and is now in use in such commerce. Correspondence Information (current):
      Robert C. Griffin
      PRIMARY EMAIL FOR CORRESPONDENCE: rgriffin@crowleyfleck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 011314-012.
Correspondence Information (proposed):
      Robert C. Griffin
      PRIMARY EMAIL FOR CORRESPONDENCE: rgriffin@crowleyfleck.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 011314-012.

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

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Robert C. Griffin/     Date: 03/19/2020
Signatory's Name: Robert C. Griffin
Signatory's Position: Attorney of record, Montana bar member

Signatory's Phone Number: 406-255-7275

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:    Robert C. Griffin
   CROWLEY FLECK PLLP
   
   490 N. 31ST STREET
   BILLINGS, Montana 59101
Mailing Address:    Robert C. Griffin
   CROWLEY FLECK PLLP
   490 N. 31ST STREET
   BILLINGS, Montana 59101
        
Serial Number: 88472490
Internet Transmission Date: Thu Mar 19 19:04:56 ET 2020
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-202003191904567
53917-88472490-710f6e51efb4ab48f35d3bdfe
bcfc84528c69c72998b7b154935da2b34c9bc2d5
3-N/A-N/A-20200319184545092035