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. 88482422 EYEON CLOUD(Standard Characters, see http://uspto.report/TM/88482422/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for Providing temporary use of online non-downloadable web accessibility software for use eye tracking through the use of cloud-based processing; Providing temporary use of non-downloadable computer software with predictive and assistive capabilities; Software as a service (SAAS), namely, eye tracking camera integration with native end user devices through the use of cloud-based processing; Software as a service (SAAS) featuring cloud-based accessibility software for use in monitoring and tracking eye movements permitting end-users to visually interact with computers, laptops, smart phones, tablets, televisions, and smart devices; Software as a service (SAAS) with predictive and assistive capabilities for use in monitoring and tracking eye movements enabling human-machine interaction based on eye-movement; Software as a service (SaaS), namely, software for collecting eye-tracking data; Software as a service (SAAS), namely, software for analyzing eye-tracking data
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: Providing temporary use of online non-downloadable web accessibility software for use eye tracking through the use of cloud-based processing; Providing temporary use of online non-downloadable web accessibility software for use in tracking eye movements through the use of cloud-based processing; Providing temporary use of non-downloadable computer software with predictive and assistive capabilities; Providing temporary use of non-downloadable computer software with predictive and assistive capabilities used to track eye movements; Software as a service (SAAS), namely, eye tracking camera integration with native end user devices through the use of cloud-based processing; Software as a service (SAAS) services featuring software for tracking eye movements using a native camera associated with the end user device; Software as a service (SAAS) featuring cloud-based accessibility software for use in monitoring and tracking eye movements permitting end-users to visually interact with computers, laptops, smart phones, tablets, televisions, and smart devices; Software as a service (SAAS) with predictive and assistive capabilities for use in monitoring and tracking eye movements enabling human-machine interaction based on eye-movement; Software as a service (SAAS) featuring software with predictive and assistive capabilities for use in monitoring and tracking eye movements, enabling human-machine interaction based on eye-movement; Software as a service (SaaS), namely, software for collecting eye-tracking data; Software as a service (SAAS) services featuring software for collecting eye-tracking data; Software as a service (SAAS), namely, software for analyzing eye-tracking data; Software as a service (SAAS) services featuring software for analyzing eye-tracking dataClass 042 for Providing temporary use of online non-downloadable web accessibility software for use in tracking eye movements through the use of cloud-based processing; Providing temporary use of non-downloadable computer software with predictive and assistive capabilities used to track eye movements; Software as a service (SAAS) services featuring software for tracking eye movements using a native camera associated with the end user device; Software as a service (SAAS) featuring cloud-based accessibility software for use in monitoring and tracking eye movements permitting end-users to visually interact with computers, laptops, smart phones, tablets, televisions, and smart devices; Software as a service (SAAS) featuring software with predictive and assistive capabilities for use in monitoring and tracking eye movements, enabling human-machine interaction based on eye-movement; Software as a service (SAAS) services featuring software for collecting eye-tracking data; Software as a service (SAAS) services featuring software for analyzing eye-tracking data
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.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: EyeTech Digital Systems, Inc., a corporation of Delaware, having an address of

            Suite 1      1128 E. Greenway Street
      Mesa, Arizona 85203
      United States

Proposed: EyeTech Digital Systems, Inc., a corporation of Delaware, having an address of
      Suite 1
      1128 E. Greenway Street
      Mesa, Arizona 85203
      United States
      Email Address: info@eyetechds.com
Correspondence Information (current):
      Michael K. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@jsslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mnorton@jsslaw.com

The docket/reference number is 68565-9.
Correspondence Information (proposed):
      Michael K. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@jsslaw.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mnorton@jsslaw.com

The docket/reference number is 68565-9.

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).

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


SIGNATURE(S)
Response Signature
Signature: /michael k.kelly/     Date: 03/16/2020
Signatory's Name: Michael K. Kelly
Signatory's Position: Attorney of Record, Arizona Bar Member

Signatory's Phone Number: 602-262-5824

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:    Michael K. Kelly
   JENNINGS, STROUSS & SALMON, P.L.C.
   SUITE 1900
   ONE EAST WASHINGTON STREET
   PHOENIX, Arizona 85004
Mailing Address:    Michael K. Kelly
   JENNINGS, STROUSS & SALMON, P.L.C.
   SUITE 1900
   ONE EAST WASHINGTON STREET
   PHOENIX, Arizona 85004
        
Serial Number: 88482422
Internet Transmission Date: Mon Mar 16 14:35:58 ET 2020
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20200316143558
691059-88482422-71018c66ebac62ff629f8ecc
977b684e9f915181d5911bdb7c85808fa112330c
c-N/A-N/A-20200316142446942029