Response to Office Action

PIGWEED

Google LLC

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 88781512
LAW OFFICE ASSIGNED LAW OFFICE 102
MARK SECTION
MARK http://uspto.report/TM/88781512/mark.png
LITERAL ELEMENT PIGWEED
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS 009
DESCRIPTION Computer operating software
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
        FOREIGN APPLICATION NUMBER TO/M/2019/03
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Tonga
        FOREIGN FILING DATE 08/23/2019
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Computer operating software; Recorded and downloadable computer operating software.
FINAL DESCRIPTION Recorded and downloadable computer operating software.
FILING BASIS Section 1(b)
FILING BASIS Section 44(d)
       FOREIGN APPLICATION NUMBER TO/M/2019/03
       FOREIGN APPLICATION COUNTRY/REGION/JURISDICTION/U.S. TERRITORY Tonga
       FOREIGN FILING DATE 08/23/2019
       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.
ATTORNEY INFORMATION (current)
NAME Scott Ceresia
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 1600 AMPHITHEATRE PARKWAY
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL tmdocketing@google.com
DOCKET/REFERENCE NUMBER GT-1476-US-1
ATTORNEY INFORMATION (proposed)
NAME Scott Ceresia
ATTORNEY BAR MEMBERSHIP NUMBER XXX
YEAR OF ADMISSION XXXX
U.S. STATE/ COMMONWEALTH/ TERRITORY XX
STREET 1600 AMPHITHEATRE PARKWAY
CITY MOUNTAIN VIEW
STATE California
POSTAL CODE 94043
COUNTRY/REGION/JURISDICTION/U.S. TERRITORY United States
EMAIL tmdocket@google.com
DOCKET/REFERENCE NUMBER GT-1476-US-1
CORRESPONDENCE INFORMATION (current)
NAME SCOTT CERESIA
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tmdocketing@google.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER GT-1476-US-1
CORRESPONDENCE INFORMATION (proposed)
NAME Scott Ceresia
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE tmdocket@google.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) NOT PROVIDED
DOCKET/REFERENCE NUMBER GT-1476-US-1
SIGNATURE SECTION
RESPONSE SIGNATURE /Scott Ceresia/
SIGNATORY'S NAME Scott Ceresia
SIGNATORY'S POSITION Trademark Counsel at Google LLC, New York Bar Member
DATE SIGNED 05/14/2020
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Thu May 14 11:16:38 ET 2020
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XXX-
20200514111638938387-8878
1512-7109065c3f56163ce148
d6eb646bf871e38c3b8b423d2
a1ddb0fe9e82d5718834-N/A-
N/A-20200514105926984103



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. 88781512 PIGWEED(Standard Characters, see http://uspto.report/TM/88781512/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 009 for Computer operating software
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[ Tonga application number TO/M/2019/03 filed 08/23/2019]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer operating software; Recorded and downloadable computer operating software.Class 009 for Recorded and downloadable computer operating software.
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 [ Tonga application number TO/M/2019/03 filed 08/23/2019]. 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.

The owner's/holder's current attorney information: Scott Ceresia. Scott Ceresia, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1600 AMPHITHEATRE PARKWAY
      MOUNTAIN VIEW, California 94043
      United States
The docket/reference number is GT-1476-US-1.
      The email address is tmdocketing@google.com

The owner's/holder's proposed attorney information: Scott Ceresia. Scott Ceresia, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      1600 AMPHITHEATRE PARKWAY
      MOUNTAIN VIEW, California 94043
      United States
The docket/reference number is GT-1476-US-1.
      The email address is tmdocket@google.com

Scott Ceresia 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):
      SCOTT CERESIA
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocketing@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GT-1476-US-1.
Correspondence Information (proposed):
      Scott Ceresia
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GT-1476-US-1.

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: /Scott Ceresia/     Date: 05/14/2020
Signatory's Name: Scott Ceresia
Signatory's Position: Trademark Counsel at Google LLC, New York 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:    SCOTT CERESIA
   
   
   1600 AMPHITHEATRE PARKWAY
   MOUNTAIN VIEW, California 94043
Mailing Address:    Scott Ceresia
   1600 AMPHITHEATRE PARKWAY
   MOUNTAIN VIEW, California 94043
        
Serial Number: 88781512
Internet Transmission Date: Thu May 14 11:16:38 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202005141116389
38387-88781512-7109065c3f56163ce148d6eb6
46bf871e38c3b8b423d2a1ddb0fe9e82d5718834
-N/A-N/A-20200514105926984103



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