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. 88592055 ARC(Standard Characters, see http://uspto.report/TM/88592055/mark.png) has been amended as follows:

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

The Applicant will drop its class 035 description from the filing. As a result, there is no likelihood of confusion between the Applicant's mark and the previously registered mark the Examining Attorney pointed to (4528421, 5300583, 4713269).

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 035 for Freelancer, contractor, and full-time employee placement and recruitment; Employment hiring, recruiting, placement, staffing, and consultation services

Applicant proposes to amend the following:

Current:
Class 041 for Educational services, namely, providing on-line instruction, peer learning, and certification in the field of software development
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 08/11/2019 and first used in commerce at least as early as 08/11/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Educational services, namely, providing on-line instruction, peer learning, and certification in the field of software development; Educational services, namely, providing on-line instruction and peer learning in the field of software development; Educational services, namely, providing on-line instruction AND peer learning FOR professional service providers (e.g. teachers, designers, and engineers) for certification in the field of software developmentClass 041 for Educational services, namely, providing on-line instruction and peer learning in the field of software development; Educational services, namely, providing on-line instruction AND peer learning FOR professional service providers (e.g. teachers, designers, and engineers) for certification in the field of software development
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 08/11/2019 and first used in commerce at least as early as 08/11/2019 , and is now in use in such commerce.
Applicant proposes to amend the following:

Current:
Class 042 for Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of software development; Computer services, namely, creating an on-line community for registered users to to engage in social, business and community networking; Providing a website that gives computer users the ability to exchange information about professional service providers and about the software development industry; Providing temporary use of a web-based software application for providing an online marketplace for consumers of professional software development services and professional service providers on a global computer network
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 08/11/2019 and first used in commerce at least as early as 08/11/2019 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of software development; Computer services, namely, creating an on-line community for registered users to to engage in social, business and community networking; Providing a website that gives computer users the ability to exchange information about professional service providers and about the software development industry; Providing temporary use of a web-based software application for providing an online marketplace for consumers of professional software development services and professional service providers on a global computer network; Providing temporary use of a web-based software application for providing remote job listingsClass 042 for Computer services, namely, creating an on-line community for registered users to participate in discussions, get feedback from their peers, form virtual communities, and engage in social networking services in the field of software development; Computer services, namely, creating an on-line community for registered users to to engage in social, business and community networking; Providing a website that gives computer users the ability to exchange information about professional service providers and about the software development industry; Providing temporary use of a web-based software application for providing an online marketplace for consumers of professional software development services and professional service providers on a global computer network; Providing temporary use of a web-based software application for providing remote job listings
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 08/11/2019 and first used in commerce at least as early as 08/11/2019 , and is now in use in such commerce.
OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Peeridea, Inc., a corporation of Delaware, having an address of
      555 Bryant Street, #866
      Palo Alto, California 94301
      United States

Proposed: Peeridea, Inc., a corporation of Delaware, having an address of
      555 Bryant Street, #866
      Palo Alto, California 94301
      United States
      Email Address: XXXX
Correspondence Information (current):
      MICHAEL RAMOS-LYNCH
      PRIMARY EMAIL FOR CORRESPONDENCE: mramoslynch@cognitionip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mramoslynch@cognitionip.co
Correspondence Information (proposed):
      Michael Ramos-Lynch
      PRIMARY EMAIL FOR CORRESPONDENCE: mramoslynch@cognitionip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): mramoslynch@cognitionip.co

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)
Response Signature
Signature: /Michael Ramos-Lynch/     Date: 03/20/2020
Signatory's Name: Michael Ramos-Lynch
Signatory's Position: attorney of record, Texas bar member

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 RAMOS-LYNCH
   COGNITION IP
   11900 STONEHOLLOW DR SUITE A437
   11900 STONEHOLLOW DR SUITE A437
   AUSTIN, Texas 78758
Mailing Address:    Michael Ramos-Lynch
   COGNITION IP
   11900 STONEHOLLOW DR SUITE A437
   11900 STONEHOLLOW DR SUITE A437
   AUSTIN, Texas 78758
        
Serial Number: 88592055
Internet Transmission Date: Fri Mar 20 20:28:00 ET 2020
TEAS Stamp: USPTO/ROA-XXXX:XXXX:XXXX:XXXX:XXXX:XXXX:
XXXX:XXX-20200320202800774253-88592055-7
103e636d5f20aeb4bea7958ca8ec96b02fe67d81
804f9384207dfcca2b4111d10-N/A-N/A-202003
20200711519247