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. 88488617 INTRADO (Stylized and/or with Design, see http://uspto.report/TM/88488617/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 042 for Scientific and technological services and research and design relating thereto; industrial analysis and industrial research services; design and development of computers, computer hardware and computer software; Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, facsimile transmissions, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, maintenance and repair of computer application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking equipment and application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN (wide area network) operating software design; computer application software optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks; providing temporary use of non-downloadable computer software for enabling unified IP communications across various networks, media and devices; computer security consultancy; platform as a service (PAAS) featuring computer software platforms which allow users to upload geographic information system (GIS) and emergency call data, and generate reports regarding data accuracy, completeness and consistency; providing hosting, managing, developing, researching, analyzing, reporting, verifying, updating and maintaining applications, software, web sites, and databases of others, namely, online non-downloadable software for monitoring and alerting remote sensor status via the internet; computer services, namely, cloud-based computer services featuring temporary use of on-line non-downloadable software for retrieving personally-identifiable information (PII) such as telephone numbers, property records, vehicle records, criminal records, family or business associate information, social media information from commercial and web-based databases and forwarding the summarized, scored and linked information via a flexible, mobile platform to first responder emergency personnel; providing a website featuring technology that enables users to manage and view telecommunications traffic and analysis and reports of telecommunications traffic; research and development for new products for others in the fields of science and technology; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; computer services, namely, creating an on-line community for registered users to network with other small businesses and enterprise customers, visit virtual small business booths, participate in discussions and webinars, watch keynote speeches and videos, view job boards and engage in on-line social networking in the field of small business; combination and assimilation of computer systems and networks for the purpose of providing automated call routing, automatic location identification and emergency support to public safety answering points; computer services, namely, processing of emergency and non-emergency calls by providing call flow servers to others; providing on-line non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing a website featuring resources, namely, non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing online non-downloadable software for mapping, mashups, common operational picture (COP), searching, address identification, routing, map creation, markups and printing; platform as a service (PAAS) featuring computer software platforms for querying, contextually aggregating and delivering supplemental data to public safety professionals in the field of public safety; providing temporary use of a web-based software application for subscribers to select the electronic means by which others may contact them; support services, namely, computer consultation in the nature of advice on the use and operation of computer software and computer systems; leasing of computers and computer software; computer system integration services, namely, integration of computer software and computer hardware; computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software of others for searching and retrieving information from databases and computer networks; providing temporary use of non-downloadable software in the nature of a mobile application for management and monitoring of utilities; management in the field of standards compliance for emergency communications in the nature of wireline, wireless, and internet communications for network design and deployment, data management services, namely, design and development of computer software for database management, with regard to computer information systems in the nature of geographical information system design and management, and location information systems integration; management in the field of standards compliance for emergency communications in the nature of wireline, wireless and internet communications for network design and deployment, data management services, namely, technical support services in the nature of remote administration and management of in-house and hosted datacenter devices, databases and software applications, with regard to computer information systems in the nature of geographical and location information system design, management and integration; computer services, namely, creating an on-line community for registered users to participate in discussions, engage in social networking, and request and provide feedback; providing a web-hosting platform and hosting web content for others regarding business financial information, investor relations and or public filings; cloud-based services for speech and language recognition and interpretation; cloud-based services for searching, retrieving and delivering information; cloud-based services for analyzing interaction between a business and those communicating with the business, including analyzing interactive voice response systems and activities as well as other automated interactive response systems; cloud-based services for facilitating and reporting upon referral-based marketing; cloud-based services for mass communications in response to a crisis or emergency; information, consultancy and advisory services relating to all the aforesaid services; Platform as a service (PAAS) featuring computer software platforms for notifying patients with messages related to healthcare appointments, healthcare treatment or related information on behalf of healthcare providers and organizations; scientific study and research in the fields of medicine, management of illness, health care delivery and the scientific and operational aspects of health care policy, health care cost management and financing as these fields impact on quality of health care; Software as a service (SAAS) services, namely, hosting computer software applications for use by others that allows others to have a single point of entry to access benefit programs; providing temporary use of non-downloadable computer software featuring technology that enables companies, organizations and employees to better manage employee benefit programs; Providing temporary use of on-line non-downloadable employee assistance software programs for counseling for employees of others in the field of workplace labor conflict resolution; Software as a service (SAAS) services, namely, hosting software for use by others for use to monitor a patient's adherence to a prescribed care plan for a medical condition; computer services, namely, providing an online non-downloadable interactive software application for enabling businesses and medical professionals to communicate via voice, text messaging, and electronic mail with clients, customers, and patients; online non-downloadable, Internet-based software application for collecting, managing and automating patient healthcare and healthcare information; software as a service (SAAS) services, namely, hosting Internet-based software for use by others for use in medical practice management, electronic health records management, revenue cycle management, and medical billing in the field of healthcare; platform as a service (PAAS) featuring computer software platforms for medical practice management, revenue cycle management in the field of healthcare; providing a website that gives users the ability to review various print, photographic, audio and video content posted by others, and engage in social, business and community networking
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ European Union Trademark - EUTM application number 18084653 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Scientific and technological services and research and design relating thereto; Scientific and technological services, namely, research and design in the field of computer networking hardware; industrial analysis and industrial research services; industrial analysis and industrial research services in the field of telecommunications hardware; design and development of computers, computer hardware and computer software; Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, facsimile transmissions, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, maintenance and repair of computer application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking equipment and application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN (wide area network) operating software design; computer application software optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks; providing temporary use of non-downloadable computer software for enabling unified IP communications across various networks, media and devices; computer security consultancy; platform as a service (PAAS) featuring computer software platforms which allow users to upload geographic information system (GIS) and emergency call data, and generate reports regarding data accuracy, completeness and consistency; providing hosting, managing, developing, researching, analyzing, reporting, verifying, updating and maintaining applications, software, web sites, and databases of others, namely, online non-downloadable software for monitoring and alerting remote sensor status via the internet; computer services, namely, cloud-based computer services featuring temporary use of on-line non-downloadable software for retrieving personally-identifiable information (PII) such as telephone numbers, property records, vehicle records, criminal records, family or business associate information, social media information from commercial and web-based databases and forwarding the summarized, scored and linked information via a flexible, mobile platform to first responder emergency personnel; providing a website featuring technology that enables users to manage and view telecommunications traffic and analysis and reports of telecommunications traffic; research and development for new products for others in the fields of science and technology; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; computer services, namely, creating an on-line community for registered users to network with other small businesses and enterprise customers, visit virtual small business booths, participate in discussions and webinars, watch keynote speeches and videos, view job boards and engage in on-line social networking in the field of small business; combination and assimilation of computer systems and networks for the purpose of providing automated call routing, automatic location identification and emergency support to public safety answering points; computer services, namely, processing of emergency and non-emergency calls by providing call flow servers to others; providing on-line non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing a website featuring resources, namely, non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing online non-downloadable software for mapping, mashups, common operational picture (COP), searching, address identification, routing, map creation, markups and printing; platform as a service (PAAS) featuring computer software platforms for querying, contextually aggregating and delivering supplemental data to public safety professionals in the field of public safety; providing temporary use of a web-based software application for subscribers to select the electronic means by which others may contact them; support services, namely, computer consultation in the nature of advice on the use and operation of computer software and computer systems; leasing of computers and computer software; computer system integration services, namely, integration of computer software and computer hardware; computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software of others for searching and retrieving information from databases and computer networks; providing temporary use of non-downloadable software in the nature of a mobile application for management and monitoring of utilities; management in the field of standards compliance for emergency communications in the nature of wireline, wireless, and internet communications for network design and deployment, data management services, namely, design and development of computer software for database management, with regard to computer information systems in the nature of geographical information system design and management, and location information systems integration; management services in the nature of evaluating the goods of others to assure compliance with industry standards, namely, analysis related to industry standards in the field of emergency communications in the nature of wireline, wireless, and internet communications for network design and deployment; management in the field of standards compliance for emergency communications in the nature of wireline, wireless and internet communications for network design and deployment, data management services, namely, technical support services in the nature of remote administration and management of in-house and hosted datacenter devices, databases and software applications, with regard to computer information systems in the nature of geographical and location information system design, management and integration; data management services, namely, design and development of computer software for database management, with regard to computer information systems in the nature of geographical information system design and management, and location information systems integration; management of testing the goods of others to ensure products are in compliance with industry standards for emergency communications in the nature of wireline, wireless and internet communications for network design and deployment; providing a web-hosting platform and hosting web content for others regarding business financial information, investor relations and or public filings; data management services, namely, technical support services in the nature of remote administration and management of in-house and hosted datacenter devices in the nature of servers; cloud-based services for speech and language recognition and interpretation; databases design and computer software application design specifically regarding computer information systems in the nature of geographical and location information system design, management and integration; cloud-based services for searching, retrieving and delivering information; computer services, namely, creating an on-line community for registered users to participate in discussions, engage in social networking, and request and provide feedback; cloud-based services for analyzing interaction between a business and those communicating with the business, including analyzing interactive voice response systems and activities as well as other automated interactive response systems; providing a web-hosting platform and hosting web content for others for accessing business financial information, investor relation information and or public filings; cloud-based services for facilitating and reporting upon referral-based marketing; cloud-based services in the nature of cloud-based software technology for speech and language recognition and interpretation; cloud-based services for mass communications in response to a crisis or emergency; cloud-based services in the nature of cloud-based software technology for searching, retrieving and delivering information; cloud-based services in the nature of cloud-based software for analyzing interaction between a business and those communicating with the business, including analyzing interactive voice response systems and activities as well as other automated interactive response systems; cloud-based services in the nature of cloud-based software for facilitating and reporting upon referral-based marketing; scientific study and research in the fields of medicine, management of illness, health care delivery and the scientific and operational aspects of health care policy, health care cost management and financing as these fields impact on quality of health care; cloud-based services in the nature of cloud-based software for mass communications in response to a crisis or emergency; information, consultancy and advisory services relating to all the aforesaid services; Platform as a service (PAAS) featuring computer software platforms for notifying patients with messages related to healthcare appointments, healthcare treatment or related information on behalf of healthcare providers and organizations; Class 42: scientific study and research in the fields of medicine, management of illness, health care delivery; Software as a service (SAAS) services, namely, hosting computer software applications for use by others that allows others to have a single point of entry to access benefit programs; providing temporary use of non-downloadable computer software featuring technology that enables companies, organizations and employees to better manage employee benefit programs; Providing temporary use of on-line non-downloadable employee assistance software programs for counseling for employees of others in the field of workplace labor conflict resolution; Software as a service (SAAS) services, namely, hosting software for use by others for use to monitor a patient's adherence to a prescribed care plan for a medical condition; computer services, namely, providing an online non-downloadable interactive software application for enabling businesses and medical professionals to communicate via voice, text messaging, and electronic mail with clients, customers, and patients; providing a website that gives users the ability to review various print, photographic, audio and video content posted by others, and engage in social, business and community networking; online non-downloadable, Internet-based software application for collecting, managing and automating patient healthcare and healthcare information; software as a service (SAAS) services, namely, hosting Internet-based software for use by others for use in medical practice management, electronic health records management, revenue cycle management, and medical billing in the field of healthcare; platform as a service (PAAS) featuring computer software platforms for medical practice management, revenue cycle management in the field of healthcare; providing a website featuring technology that gives users the ability to review various print, photographic, audio and video content posted by others, and engage in social, business and community networking; computer software installation, service, maintenance and repair service; information, consultancy and advisory services relating to all the aforesaid services; telecommunications services for monitoring the functionality of devices, using positioning or location technology to determine the geographic location of a mobile telephone handset, whether in active use or idle, by interfacing with a wireless communications network; providing security information related to data security emergencies; providing security information related to data security and the use of corresponding services by customers; providing security information related to data security and the provision of corresponding services by service providers such as police, fire brigade and civil protection; Providing an on-line interactive database featuring technology for accessing security information, namely, a publicly accessible databases containing security related data of patients and of physiciansClass 042 for Scientific and technological services, namely, research and design in the field of computer networking hardware; industrial analysis and industrial research services in the field of telecommunications hardware; design and development of computers, computer hardware and computer software; Software as a Service (SaaS) provider featuring software for enabling unified communications across various networks, media and devices, namely, software for queuing, handling, logging, recording, monitoring, tracking, supervision, management and routing of telephone calls, facsimile transmissions, video, e-mails, and web based messages, and software for monitoring and management of computer and network systems for security and application optimization purposes; installation, maintenance and repair of computer application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; integration of telecommunications and data networking application software for providing Unified IP Communications services across multiple network infrastructures and communication protocols; computer services, namely, WAN (wide area network) operating software design; computer application software optimization services, namely, updating of computer network configurations; development of security systems and contingency planning for computer networks; providing temporary use of non-downloadable computer software for enabling unified IP communications across various networks, media and devices; computer security consultancy; platform as a service (PAAS) featuring computer software platforms which allow users to upload geographic information system (GIS) and emergency call data, and generate reports regarding data accuracy, completeness and consistency; providing hosting, managing, developing, researching, analyzing, reporting, verifying, updating and maintaining applications, software, web sites, and databases of others, namely, online non-downloadable software for monitoring and alerting remote sensor status via the internet; computer services, namely, cloud-based computer services featuring temporary use of on-line non-downloadable software for retrieving personally-identifiable information (PII) such as telephone numbers, property records, vehicle records, criminal records, family or business associate information, social media information from commercial and web-based databases and forwarding the summarized, scored and linked information via a flexible, mobile platform to first responder emergency personnel; providing a website featuring technology that enables users to manage and view telecommunications traffic and analysis and reports of telecommunications traffic; research and development for new products for others in the fields of science and technology; technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; computer services, namely, creating an on-line community for registered users to network with other small businesses and enterprise customers, visit virtual small business booths, participate in discussions and webinars, watch keynote speeches and videos, view job boards and engage in on-line social networking in the field of small business; combination and assimilation of computer systems and networks for the purpose of providing automated call routing, automatic location identification and emergency support to public safety answering points; computer services, namely, processing of emergency and non-emergency calls by providing call flow servers to others; providing on-line non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing a website featuring resources, namely, non-downloadable application programming interface (API) software for transmitting data, voice, text, photographs and video, from telecommunications aggregators or application providers to Public Safety Answering Points (PSAPs); providing online non-downloadable software for mapping, mashups, common operational picture (COP), searching, address identification, routing, map creation, markups and printing; platform as a service (PAAS) featuring computer software platforms for querying, contextually aggregating and delivering supplemental data to public safety professionals in the field of public safety; providing temporary use of a web-based software application for subscribers to select the electronic means by which others may contact them; support services, namely, computer consultation in the nature of advice on the use and operation of computer software and computer systems; leasing of computers and computer software; computer system integration services, namely, integration of computer software and computer hardware; computer services, namely, acting as an application service provider in the field of knowledge management to host computer application software of others for searching and retrieving information from databases and computer networks; providing temporary use of non-downloadable software in the nature of a mobile application for management and monitoring of utilities; management services in the nature of evaluating the goods of others to assure compliance with industry standards, namely, analysis related to industry standards in the field of emergency communications in the nature of wireline, wireless, and internet communications for network design and deployment; data management services, namely, design and development of computer software for database management, with regard to computer information systems in the nature of geographical information system design and management, and location information systems integration; management of testing the goods of others to ensure products are in compliance with industry standards for emergency communications in the nature of wireline, wireless and internet communications for network design and deployment; data management services, namely, technical support services in the nature of remote administration and management of in-house and hosted datacenter devices in the nature of servers; databases design and computer software application design specifically regarding computer information systems in the nature of geographical and location information system design, management and integration; computer services, namely, creating an on-line community for registered users to participate in discussions, engage in social networking, and request and provide feedback; providing a web-hosting platform and hosting web content for others for accessing business financial information, investor relation information and or public filings; cloud-based services in the nature of cloud-based software technology for speech and language recognition and interpretation; cloud-based services in the nature of cloud-based software technology for searching, retrieving and delivering information; cloud-based services in the nature of cloud-based software for analyzing interaction between a business and those communicating with the business, including analyzing interactive voice response systems and activities as well as other automated interactive response systems; cloud-based services in the nature of cloud-based software for facilitating and reporting upon referral-based marketing; cloud-based services in the nature of cloud-based software for mass communications in response to a crisis or emergency; information, consultancy and advisory services relating to all the aforesaid services; Platform as a service (PAAS) featuring computer software platforms for notifying patients with messages related to healthcare appointments, healthcare treatment or related information on behalf of healthcare providers and organizations; Class 42: scientific study and research in the fields of medicine, management of illness, health care delivery; Software as a service (SAAS) services, namely, hosting computer software applications for use by others that allows others to have a single point of entry to access benefit programs; providing temporary use of non-downloadable computer software featuring technology that enables companies, organizations and employees to better manage employee benefit programs; Providing temporary use of on-line non-downloadable employee assistance software programs for counseling for employees of others in the field of workplace labor conflict resolution; Software as a service (SAAS) services, namely, hosting software for use by others for use to monitor a patient's adherence to a prescribed care plan for a medical condition; computer services, namely, providing an online non-downloadable interactive software application for enabling businesses and medical professionals to communicate via voice, text messaging, and electronic mail with clients, customers, and patients; online non-downloadable, Internet-based software application for collecting, managing and automating patient healthcare and healthcare information; software as a service (SAAS) services, namely, hosting Internet-based software for use by others for use in medical practice management, electronic health records management, revenue cycle management, and medical billing in the field of healthcare; platform as a service (PAAS) featuring computer software platforms for medical practice management, revenue cycle management in the field of healthcare; providing a website featuring technology that gives users the ability to review various print, photographic, audio and video content posted by others, and engage in social, business and community networking; computer software installation, service, maintenance and repair service; information, consultancy and advisory services relating to all the aforesaid services; telecommunications services for monitoring the functionality of devices, using positioning or location technology to determine the geographic location of a mobile telephone handset, whether in active use or idle, by interfacing with a wireless communications network; providing security information related to data security emergencies; providing security information related to data security and the use of corresponding services by customers; providing security information related to data security and the provision of corresponding services by service providers such as police, fire brigade and civil protection; Providing an on-line interactive database featuring technology for accessing security information, namely, a publicly accessible databases containing security related data of patients and of physicians
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.

Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ European Union Trademark - EUTM application number 18084653 filed 06/20/2019]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ European Union Trademark - EUTM registration number 18084653 registered 11/02/2019 with a renewal date of __________ and an expiration date of 06/20/2029 ], 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.
Original PDF file:
FRU0-7218011252-182026459_._INTRADO_and_Design_EU_Reg_No._18084653.pdf
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OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: West Corporation, a corporation of Delaware, having an address of
      11808 Miracle Hills Drive
      Omaha, Nebraska 68154
      United States

Proposed: West Corporation, a corporation of Delaware, having an address of
      11808 Miracle Hills Drive
      Omaha, Nebraska 68154
      United States
      Email Address: client@pirkeybarber.com

The owner's/holder's current attorney information: Shannon Vale and Clay LaPoint. Shannon Vale and Clay LaPoint of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WSTC018US6.
      The phone number is 512-322-5200.
      The fax number is 512-322-5201.
      The email address is tmcentral@pirkeybarber.com

The owner's/holder's proposed attorney information: Shannon Vale and Clay LaPoint. Other appointed attorneys are all other attorneys with the firm. Shannon Vale and Clay LaPoint of Pirkey Barber PLLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1801 East 6th Street, Suite 300
      Austin, Texas 78702
      United States
The docket/reference number is WSTC018US6.
      The phone number is 512-322-5200.
      The fax number is 512-322-5201.
      The email address is tmcentral@pirkeybarber.com

Shannon Vale and Clay LaPoint 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.Correspondence Information (current):
      Shannon Vale and Clay LaPoint
      PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): svale@pirkeybarber.com; clapoint@pirkeybarber.com

The docket/reference number is WSTC018US6.
Correspondence Information (proposed):
      Shannon Vale and Clay LaPoint
      PRIMARY EMAIL FOR CORRESPONDENCE: tmcentral@pirkeybarber.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): svale@pirkeybarber.com; clapoint@pirkeybarber.com

The docket/reference number is WSTC018US6.

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)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Clay LaPoint/      Date: 03/26/2020
Signatory's Name: Clay LaPoint
Signatory's Position: Attorney of Record
Signatory's Phone Number: 512-322-5200


Response Signature
Signature: /Clay LaPoint/     Date: 03/27/2020
Signatory's Name: Clay LaPoint
Signatory's Position: Attorney of Record

Signatory's Phone Number: 5123225200

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:    Shannon Vale and Clay LaPoint
   Pirkey Barber PLLC
   
   1801 East 6th Street, Suite 300
   Austin, Texas 78702
Mailing Address:    Shannon Vale and Clay LaPoint
   Pirkey Barber PLLC
   1801 East 6th Street, Suite 300
   Austin, Texas 78702
        
Serial Number: 88488617
Internet Transmission Date: Fri Mar 27 11:46:04 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020032711460439
5360-88488617-7105e4dbe999861d34e20f6a7f
f106ee082fcf543c9d6352bfaa84ee05f7afb2c6
4-N/A-N/A-20200326182026459064