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 09/30/2020)

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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 09/30/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88903903 SYMMETRY(Standard Characters, see http://uspto.report/TM/88903903/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; software capable of capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real-time reports
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: Software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; Downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; software capable of capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real-time reports; downloadable software for use in capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real-time reportsClass 009 for Downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; downloadable software for use in capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real-time reports
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:

Current:
Class 042 for Providing temporary use of non-downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; providing temporary use of non-downloadable software capable of capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, case management, countermeasure capture and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real time reports
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 temporary use of non-downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; Providing temporary use of online non-downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; providing temporary use of non-downloadable software capable of capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, case management, countermeasure capture and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real time reports; providing temporary use of online non-downloadable software for use in capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, case management, countermeasure capture and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real time reportsClass 042 for Providing temporary use of online non-downloadable software for use in incident capture management, capturing security and safety incidents through an Internet-connected PC or mobile capture system; providing temporary use of online non-downloadable software for use in capturing the core elements of security and safety incidents with instant notification, incident review and closing, investigation assignment and tracking, case management, countermeasure capture and tracking, customized data fields, customized location fields, expansive search and retrieval, narrative details, extensive involvement information capture, detailed property identification and capture, emergency response detail, customized prompts, support documentation, and image capture with the ability to produce real time reports
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.
Correspondence Information (current):
      MICHAEL H. JACOBS
      PRIMARY EMAIL FOR CORRESPONDENCE: edocket@crowell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): afield@crowell.com

The docket/reference number is 101493.TA420.
Correspondence Information (proposed):
      Michael H. Jacobs
      PRIMARY EMAIL FOR CORRESPONDENCE: edocket@crowell.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): afield@crowell.com

The docket/reference number is 101493.TA420.

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 H. Jacobs/     Date: 11/05/2020
Signatory's Name: Michael H. Jacobs
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-624-2500

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 H. JACOBS
   CROWELL & MORING LLP
   
   P.O. BOX 14300
   WASHINGTON, District of Columbia 20044-4300
Mailing Address:    Michael H. Jacobs
   CROWELL & MORING LLP
   P.O. BOX 14300
   WASHINGTON, District of Columbia 20044-4300
        
Serial Number: 88903903
Internet Transmission Date: Thu Nov 05 17:25:14 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202011051725147
99340-88903903-7504547a1d991358289d68ba7
9e2796bfed60c8f4472ea19b3a9ca9b55012f2f5
71-N/A-N/A-20201105095500956833