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. 88636435 ACXIOM REALID(Standard Characters, see http://uspto.report/TM/88636435/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of arguments in support of registration has been attached.
Original PDF file:
evi_2084420226-20200110171217437517_._Document3.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for marketing technology services, namely, consumer data hygiene services, data suppression services, consumer resolution and recognition services to recognize consumers across devices and channels, technology services to support marketing campaigns, next best offer services, website personalization, and lookalike consumer audience construction
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: marketing technology services, namely, consumer data hygiene services, data suppression services, consumer resolution and recognition services to recognize consumers across devices and channels, technology services to support marketing campaigns, next best offer services, website personalization, and lookalike consumer audience construction; Data mining services, namely, consumer data hygiene services and data suppression services; developing customized web pages featuring user-defined information in the field of marketing of goods and services; software as a services (SaaS) services featuring software for providing access to first, second and third-party consumer marketing data including demographic and predictive data for consumer recognition purposes; software as a services (SaaS) services featuring a software program that facilitates in-store purchases of goods by consumers comprised of consumer recognition technologyClass 042 for Data mining services, namely, consumer data hygiene services and data suppression services; developing customized web pages featuring user-defined information in the field of marketing of goods and services; software as a services (SaaS) services featuring software for providing access to first, second and third-party consumer marketing data including demographic and predictive data for consumer recognition purposes; software as a services (SaaS) services featuring a software program that facilitates in-store purchases of goods by consumers comprised of consumer recognition technology
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 045 for risk mitigation services in the nature of facilitating compliance with data privacy regulations and data ethics best practices
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: risk mitigation services in the nature of facilitating compliance with data privacy regulations and data ethics best practices; risk mitigation services, namely, regulatory compliance consulting in the field of data privacy regulations and data ethics best practicesClass 045 for risk mitigation services, namely, regulatory compliance consulting in the field of data privacy regulations and data ethics best practices
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Technical consulting in the field of marketing to support marketing campaigns; marketing plan development, namely, next best offer services; business marketing services, namely, providing an online database for accessing, downloading, viewing and manipulating data in the fields of consumer audience viewership, advertising sales effectiveness, and selection of media to optimize sales results
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.

The applicant's current attorney information: J. Charles Dougherty. J. Charles Dougherty of WRIGHT, LINDSEY & JENNINGS LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      200 W. CAPITOL AVE. STE. 2300
      LITTLE ROCK, Arkansas 72201
      US

The phone number is 501-371-0808.

The fax number is 501-376-9442.

The email address is jdougherty@wlj.com

The applicants proposed attorney information: J. Charles Dougherty. Other appointed attorneys are Richard Blakely Glasgow; Meredith K. Lowry; K. Brandon Middleton. J. Charles Dougherty of Wright, Lindsey & Jennings LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      200 W. Capitol Ave. Ste. 2300
      Little Rock, Arkansas 72201
      United States

The phone number is 501-371-0808.

The fax number is 501-376-9442.

The email address is jdougherty@wlj.com

J. Charles Dougherty 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.
The applicant's current correspondence information: J. CHARLES DOUGHERTY. J. CHARLES DOUGHERTY of WRIGHT, LINDSEY & JENNINGS LLP, is located at

      200 W. CAPITOL AVE. STE. 2300
      LITTLE ROCK, Arkansas 72201
      US

The phone number is 501-371-0808.

The fax number is 501-376-9442.

The email address is jdougherty@wlj.com; aelliott@wlj.com

The applicants proposed correspondence information: J. Charles Dougherty. J. Charles Dougherty of Wright, Lindsey & Jennings LLP, is located at

      200 W. Capitol Ave. Ste. 2300
      Little Rock, Arkansas 72201
      United States

The phone number is 501-371-0808.

The fax number is 501-376-9442.

The email address is jdougherty@wlj.com; aelliott@wlj.com

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.
Response Signature
Signature: /J. Charles Dougherty/     Date: 01/10/2020
Signatory's Name: J. Charles Dougherty
Signatory's Position: Attorney of record, AR bar member

Signatory's Phone Number: 5013710808

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:    J. CHARLES DOUGHERTY
   WRIGHT, LINDSEY & JENNINGS LLP
   
   200 W. CAPITOL AVE. STE. 2300
   LITTLE ROCK, Arkansas 72201
Mailing Address:    J. Charles Dougherty
   Wright, Lindsey & Jennings LLP
   200 W. Capitol Ave. Ste. 2300
   Little Rock, Arkansas 72201
        
RAM Sale Number: 88636435
RAM Accounting Date: 01/10/2020
        
Serial Number: 88636435
Internet Transmission Date: Fri Jan 10 17:44:47 EST 2020
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XXX-2020011017444777
5175-88636435-700c1ecd1f7d52ccd5fb8d33b7
e7de1aa9ac77fc8938449acb9f5e31c4b5ee4c3-
CC-44469753-20200110171217437517