Post Publication Amendment

PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

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.

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PTO- 1771

Approved for use through 11/30/2023. OMB 0651-0050

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.

Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment

To the Commissioner for Trademarks:

Application serial no. 88920510 OPEN WEAVER(Standard Characters, see http://uspto.report/TM/88920510/mark.png) has been amended as follows:

EXPLANATION OF FILING
Open Weaver Inc. has entered into a co-existence agreement and has agreed to amend the goods and services in its application pursuant to the terms of the co-existence agreement

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable computer software for software development, and for the development of custom software applications; Downloadable Computer software for generating and deploying mobile applications; Downloadable Computer software for business process improvements, namely, downloadable software for visual process design and rapid prototyping; Downloadable Software for computers and computer networks, namely, applications and programs for use as software development tools for implementation, integration, testing and deployment of software solutions by enterprises for developing software applications; Downloadable Software for creation of software portals, software transactional systems, software for workflows, database centric software applications, and software applications for integration systems, and also containing Downloadable software development tools for creating web, email and mobile interfaces; Downloadable Computer software for collaboration, development and release of software; Downloadable Computer software for facilitating the exchange of information via the Internet featuring collaboration tools; Downloadable Computer software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Downloadable electronic publications, namely, manuals, brochures, newsletters, technical data sheets and product specification brochures in the fields of computer software and information technology; Downloadable computer software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Recorded computer software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Downloadable computer programs using artificial intelligence for use in software development, machine learning, and facial and speech recognition
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: Downloadable computer software for software development, and for the development of custom software applications; Downloadable Computer software for generating and deploying mobile applications; Downloadable Computer software for business process improvements, namely, downloadable software for visual process design and rapid prototyping; Downloadable Software for computers and computer networks, namely, applications and programs for use as software development tools for implementation, integration, testing and deployment of software solutions by enterprises for developing software applications; Downloadable Software for creation of software portals, software transactional systems, software for workflows, database centric software applications, and software applications for integration systems, and also containing Downloadable software development tools for creating web, email and mobile interfaces; Downloadable Computer software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Downloadable Computer software for collaboration, development and release of software; Downloadable electronic publications, namely, manuals, brochures, newsletters, technical data sheets and product specification brochures in the fields of computer software and information technology; Downloadable Computer software for facilitating the exchange of information via the Internet featuring collaboration tools; none of the foregoing related to home and building automation, smart home or smart building products or services, or energy generation or energy supply services or communication between home or building automation or smart home or building products or energy generation or energy supply services; Downloadable computer software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Recorded computer software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Downloadable computer programs using artificial intelligence for use in software development, machine learning, and facial and speech recognitionClass 009 for Downloadable computer software for software development, and for the development of custom software applications; Downloadable Computer software for generating and deploying mobile applications; Downloadable Computer software for business process improvements, namely, downloadable software for visual process design and rapid prototyping; Downloadable Software for creation of software portals, software transactional systems, software for workflows, database centric software applications, and software applications for integration systems, and also containing Downloadable software development tools for creating web, email and mobile interfaces; Downloadable Computer software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Downloadable electronic publications, namely, manuals, brochures, newsletters, technical data sheets and product specification brochures in the fields of computer software and information technology; none of the foregoing related to home and building automation, smart home or smart building products or services, or energy generation or energy supply services or communication between home or building automation or smart home or building products or energy generation or energy supply 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


Applicant proposes to amend the following:

Current:
Class 042 for Consulting in the field of software design, analysis, implementation and programming of computer software for enterprise applications; technical research in the field of software application development, maintenance and change management, application deployment and operations; Installation and maintenance of computer software for third parties; Providing online non-downloadable software for task and project management, general work management, project tracking, document management, business management, transmission and receipt of data and images, messaging and conversation based contextual sharing of information, organizing and providing a platform for collaboration, sharing of information and interactive discussions to other users, and uploading and transferring files; Providing online non-downloadable software for administering the collaboration, development and release of software; Providing online non-downloadable software for facilitating the exchange of information via the Internet featuring collaboration tools; Providing online non-downloadable software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Computer software design and development; Consulting services in the field of design and development of computer software; Providing temporary use of on-line non-downloadable cloud computing software for software development, and for accelerating the development of custom software applications; Computer programming development for others; Software-as-a-Service (SaaS) services featuring non-downloadable computer software for software development, and for the development of custom software applications; Software-as-a-Service (SaaS) services featuring non-downloadable computer software for generating and deploying mobile applications; Software-as-a-Service (SaaS) services featuring non-downloadable software for computers and computer networks, namely, applications and programs for use as software development tools for implementation, integration, testing and deployment of software solutions by enterprises for developing software applications; Providing temporary use of online non-downloadable software for creating software portals, software transactional systems, software for workflows, database centric software applications, applications for integration systems, and for creating development tools for web, email and mobile interfaces; Software as a service (SAAS) services featuring software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing on-line non-downloadable software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Application service provider (ASP) featuring software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing a website featuring non-downloadable software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of on-line non-downloadable software and applications using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of on-line non-downloadable cloud computing software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of non-downloadable cloud-based software using artificial intelligence for use in software development, machine learning, and facial and speech recognition
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: Consulting in the field of software design, analysis, implementation and programming of computer software for enterprise applications; technical research in the field of software application development, maintenance and change management, application deployment and operations; Providing online non-downloadable software for task and project management, general work management, project tracking, document management, business management, transmission and receipt of data and images, messaging and conversation based contextual sharing of information, organizing and providing a platform for collaboration, sharing of information and interactive discussions to other users, and uploading and transferring files; Installation and maintenance of computer software for third parties; Providing online non-downloadable software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Providing temporary use of online non-downloadable software for creating software portals, software transactional systems, software for workflows, database centric software applications, applications for integration systems, and for creating development tools for web, email and mobile interfaces; Providing online non-downloadable software for administering the collaboration, development and release of software; none of the foregoing related to home and building automation, smart home or smart building products or services, or energy generation or energy supply services, or communication between home or building automation or smart home or building products or energy generation or energy supply services; Providing online non-downloadable software for facilitating the exchange of information via the Internet featuring collaboration tools; Computer software design and development; Consulting services in the field of design and development of computer software; Providing temporary use of on-line non-downloadable cloud computing software for software development, and for accelerating the development of custom software applications; Computer programming development for others; Software-as-a-Service (SaaS) services featuring non-downloadable computer software for software development, and for the development of custom software applications; Software-as-a-Service (SaaS) services featuring non-downloadable computer software for generating and deploying mobile applications; Software-as-a-Service (SaaS) services featuring non-downloadable software for computers and computer networks, namely, applications and programs for use as software development tools for implementation, integration, testing and deployment of software solutions by enterprises for developing software applications; Software as a service (SAAS) services featuring software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing on-line non-downloadable software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Application service provider (ASP) featuring software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing a website featuring non-downloadable software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of on-line non-downloadable software and applications using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of on-line non-downloadable cloud computing software using artificial intelligence for use in software development, machine learning, and facial and speech recognition; Providing temporary use of non-downloadable cloud-based software using artificial intelligence for use in software development, machine learning, and facial and speech recognitionClass 042 for Consulting in the field of software design, analysis, implementation and programming of computer software for enterprise applications; Providing online non-downloadable software for task and project management, general work management, project tracking, document management, business management, transmission and receipt of data and images, messaging and conversation based contextual sharing of information, organizing and providing a platform for collaboration, sharing of information and interactive discussions to other users, and uploading and transferring files; Providing online non-downloadable software for information technology support services, namely, for managing help desk services, trouble shooting of computer software problems, technical support in the nature of trouble shooting of computer software problems, and providing information related to technology project management services; Providing temporary use of online non-downloadable software for creating software portals, software transactional systems, software for workflows, database centric software applications, applications for integration systems, and for creating development tools for web, email and mobile interfaces; none of the foregoing related to home and building automation, smart home or smart building products or services, or energy generation or energy supply services, or communication between home or building automation or smart home or building products or energy generation or energy supply 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.

Webpage URL: None Provided
Webpage Date of Access: None Provided


OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Open Weaver Inc., a corporation of Florida, having an address of
      801 Brickell Key Blvd #2011
      Miami, Florida 33131
      United States
      Email Address: XXXX

Proposed: Open Weaver Inc., a corporation of Florida, having an address of
      801 Brickell Key Blvd #2011
      Miami, Florida 33131
      United States
      Email Address: XXXX
Correspondence Information (current):
      NORM J. RICH
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nrich@foley.com

The docket/reference number is 124549-.
Correspondence Information (proposed):
      Norm J. Rich
      PRIMARY EMAIL FOR CORRESPONDENCE: IPDocketing@foley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): nrich@foley.com

The docket/reference number is 124549-.

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)

Signature: /Norm J. Rich/     Date: 01/12/2021
Signatory's Name: Norm J. Rich
Signatory's Position: Attorney of record, District of Columbia Bar member

Signatory's Phone Number: 202-672-5300 Signature method: Sent to third party for signature

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:    NORM J. RICH
   FOLEY & LARDNER LLP
   SIXTH FLOOR
   3000 K STREET, N.W.
   WASHINGTON, District of Columbia 20007
Mailing Address:    Norm J. Rich
   FOLEY & LARDNER LLP
   SIXTH FLOOR
   3000 K STREET, N.W.
   WASHINGTON, District of Columbia 20007
        
Serial Number: 88920510
Internet Transmission Date: Tue Jan 12 16:37:51 ET 2021
TEAS Stamp: USPTO/PPA-XXX.XX.XX.X-202101121637513947
16-88920510-7602841179c11ddc4a6d777cb74b
e38ca7032c0f01ee999e42a4c2eaef1b8aec-N/A
-N/A-20210112144930357840