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)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88922688 OPEN USAGE COMMONS(Standard Characters, see http://uspto.report/TM/88922688/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Development and promotion of free, open source software projects; Promoting public awareness and the importance of non-proprietary software and open source projects used under agreements meeting certain requirements for distribution and redistribution; Business management and business administration for others in the field of trademarks, namely, trademarks relating to non-proprietary software and open source projects; Business support services, namely, business consulting services regarding management, protection, and enforcement of trademarks relating to non-proprietary software and open source projects
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: Development and promotion of free, open source software projects; Promoting the public awareness of the importance of free and open source software projects, namely developing, marketing and defending the same; Promoting public awareness and the importance of non-proprietary software and open source projects used under agreements meeting certain requirements for distribution and redistribution; Business management and business administration for others in the field of trademarks, namely, trademarks relating to non-proprietary software and open source projects; Business support services, namely, business consulting services regarding management, protection, and enforcement of trademarks relating to non-proprietary software and open source projects; Business support services, namely, business consulting services regarding the management of trademarks relating to non-proprietary software and open source projectsClass 035 for Promoting the public awareness of the importance of free and open source software projects, namely developing, marketing and defending the same; Promoting public awareness and the importance of non-proprietary software and open source projects used under agreements meeting certain requirements for distribution and redistribution; Business management and business administration for others in the field of trademarks, namely, trademarks relating to non-proprietary software and open source projects; Business support services, namely, business consulting services regarding the management of trademarks relating to non-proprietary software and open source projects
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
Disclaimer
No claim is made to the exclusive right to use OPEN USAGE apart from the mark as shown.

Correspondence Information (current):
      ANDREW ABRAMS
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GT-1573-US-1.
Correspondence Information (proposed):
      Andrew Abrams
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@google.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is GT-1573-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: /Andrew Abrams/     Date: 07/29/2020
Signatory's Name: Andrew Abrams
Signatory's Position: Senior Trademark Counsel at Google LLC, California 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:    ANDREW ABRAMS
   
   
   1600 AMPHITHEATRE PARKWAY
   MOUNTAIN VIEW, California 94043
Mailing Address:    Andrew Abrams
   1600 AMPHITHEATRE PARKWAY
   MOUNTAIN VIEW, California 94043
        
Serial Number: 88922688
Internet Transmission Date: Wed Jul 29 18:25:50 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202007291825505
27780-88922688-74029a2a82e2f62b79b6a9e55
fae874881664543639ee3cbf578bdbb70653a2bc
8-N/A-N/A-20200729174941368793