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)

---

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. 88592461 RELXME(Standard Characters, see http://uspto.report/TM/88592461/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer storage apparatus; computer apparatus; computer programs, recorded; computer operating programs, recorded; computer peripheral equipment; computer software; computer software, recorded; computer hardware, namely, monitors; computer monitoring apparatus; computer monitoring instruments; data processing equipment; downloadable electronic publications; downloadable software, namely, computer programs; downloadable music files; downloadable image files; time recording apparatus; electronic timers; measuring apparatus and instruments; electronic bulletin board apparatus; telegraphic apparatus; video receivers; sound recording devices; recording devices for sound and image carriers; portable media players; video recording apparatus; batteries; battery chargers; regulated power supply apparatus; on-off sensors; light regulators, electric; light dimmers, electric; electric connections, namely, plugs, sockets and other contacts; temperature indicators; electric sensors; meters; instruments for measuring pressure; Batteries for electronic cigarettes; rechargeable batteries for electronic cigarettes; battery chargers for electronic cigarettes; chargers for electronic cigarettes; battery chargers for electronic devices that are used for heating tobacco; USB chargers for electronic devices that are used for heating tobacco
Original Filing Basis:
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: Computer storage apparatus; Computer storage apparatus, namely, blank flash drives; computer apparatus; computer apparatus, namely, blank flash drives; computer programs, recorded; recorded computer programs , namely, recorded computer game programs; computer operating programs, recorded; recorded computer operating programs; computer peripheral equipment; computer software; computer software, namely, recorded computer game programs; computer software, recorded; recorded computer software, namely, recorded computer electronic cigarettes programs; computer hardware, namely, monitors; computer monitoring apparatus; computer monitoring apparatus, namely, computer monitors; computer monitoring instruments; data processing equipment, namely, couplers; data processing equipment; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of electronic cigarettes; downloadable electronic publications; downloadable software, namely, computer programs, namely, recorded computer game programs; downloadable software, namely, computer programs; downloadable music files; downloadable image files containing electronic cigarettes; downloadable image files; time recording apparatus; electronic timers; measuring apparatus and instruments, namely, rain gauges; measuring apparatus and instruments; electronic bulletin board apparatus, namely, electronic text-messaging device for use in conjunction with personal digital assistants; electronic bulletin board apparatus; telegraphic apparatus, namely, telegraphic transmitting apparatus; telegraphic apparatus; video receivers; sound recording devices, namely, recording and playing devices for sound and image carriers; sound recording devices; recording devices for sound and image carriers; portable media players; video recording apparatus; batteries; battery chargers; regulated power supply apparatus; on-off sensors; light regulators, electric; light dimmers, electric; electric connections, namely, plugs, sockets and other contacts; temperature indicators; electric sensors; meters; instruments for measuring pressure; batteries for electronic cigarettes; rechargeable batteries for electronic cigarettes; battery chargers for electronic cigarettes; chargers for electronic cigarettes; battery chargers for electronic devices that are used for heating tobacco; USB chargers for electronic devices that are used for heating tobaccoClass 009 for Computer storage apparatus, namely, blank flash drives; computer apparatus, namely, blank flash drives; recorded computer programs , namely, recorded computer game programs; recorded computer operating programs; computer peripheral equipment; computer software, namely, recorded computer game programs; recorded computer software, namely, recorded computer electronic cigarettes programs; computer hardware, namely, monitors; computer monitoring apparatus, namely, computer monitors; data processing equipment, namely, couplers; downloadable electronic publications in the nature of magazines, journals and newsletters in the field of electronic cigarettes; downloadable software, namely, computer programs, namely, recorded computer game programs; downloadable music files; downloadable image files containing electronic cigarettes; time recording apparatus; electronic timers; measuring apparatus and instruments, namely, rain gauges; electronic bulletin board apparatus, namely, electronic text-messaging device for use in conjunction with personal digital assistants; telegraphic apparatus, namely, telegraphic transmitting apparatus; video receivers; sound recording devices, namely, recording and playing devices for sound and image carriers; recording devices for sound and image carriers; portable media players; video recording apparatus; batteries; battery chargers; regulated power supply apparatus; on-off sensors; light regulators, electric; light dimmers, electric; electric connections, namely, plugs, sockets and other contacts; temperature indicators; electric sensors; meters; instruments for measuring pressure; batteries for electronic cigarettes; rechargeable batteries for electronic cigarettes; battery chargers for electronic cigarettes; chargers for electronic cigarettes; battery chargers for electronic devices that are used for heating tobacco; USB chargers for electronic devices that are used for heating tobacco
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for Peer-to-peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Providing online forums for communication on topics of general interest; Providing online chat rooms, e-mail and instant messaging services, and electronic bulletin boards for transmission of messages among users in the field of general interest; Audio, text and video broadcasting services over the Internet or other communications networks featuring the uploaded, posted, displayed, modified, tagged, and electronically transmitted data, information, audio and video content of others; Voice over IP services; Telephony communication services
Original Filing Basis:
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: Peer-to-peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information via electronic communications networks; Providing online forums for communication on topics of general interest; Providing online forums for communication on topics of general interest, namely, electronic cigarettes; Providing online chat rooms, e-mail and instant messaging services, and electronic bulletin boards for transmission of messages among users in the field of general interest; Audio, text and video broadcasting services over the Internet or other communications networks featuring the uploaded, posted, displayed, modified, tagged, and electronically transmitted data, information, audio and video content of others; Voice over IP services; Telephony communication servicesClass 038 for Peer-to-peer photo sharing and video sharing services, namely, electronic transmission of digital photo files, videos and audio visual content among internet users; Providing access to computer, electronic and online databases; Telecommunications services, namely, electronic transmission of data, messages, graphics, images, audio, video and information via electronic communications networks; Providing online forums for communication on topics of general interest, namely, electronic cigarettes; Providing online chat rooms, e-mail and instant messaging services, and electronic bulletin boards for transmission of messages among users in the field of general interest; Audio, text and video broadcasting services over the Internet or other communications networks featuring the uploaded, posted, displayed, modified, tagged, and electronically transmitted data, information, audio and video content of others; Voice over IP services; Telephony communication services
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Providing use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information; providing search engines for obtaining data via communications networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data; updating of computer software; conversion of data or documents from physical to electronic media
Original Filing Basis:
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 use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information; providing information from searchable indexes and databases of information, namely, collection and compilation of information into computer databases in the field of electronic cigarettes; providing search engines for obtaining data via communications networks; providing search engines for obtaining data via communications networks, namely, provision of search engines for the internet; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking, namely, computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks, namely; computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks, namely, electronic cigarettes software services; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites, namely, computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; updating of computer software; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data; updating of computer software, namely, providing customized on-line web pages featuring user-defined; information, which includes search engines and on-line web links to other web sites; conversion of data or documents from physical to electronic mediaClass 042 for Providing use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information, namely, collection and compilation of information into computer databases in the field of electronic cigarettes; providing search engines for obtaining data via communications networks, namely, provision of search engines for the internet; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking, namely, computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks, namely; computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks, namely, electronic cigarettes software services; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites, namely, computer services, namely, creating an on-line community for registered users to participate in discussions or engage in social networking; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data; updating of computer software, namely, providing customized on-line web pages featuring user-defined; information, which includes search engines and on-line web links to other web sites; conversion of data or documents from physical to electronic media
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.

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"RELXME" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /Hui Zhang/     Date: 12/31/2019
Signatory's Name: Hui Zhang
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: (202) 371-8976

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: 88592461
Internet Transmission Date: Tue Dec 31 15:52:59 EST 2019
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2019123115525938
9753-88592461-7001f7723578798f8294971811
df2d92e5ca8cd6d5e6b2e356b6736bd125b2b58-
N/A-N/A-20191231155215723479