Response to Office Action

PTO- 1957

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- 1957

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.

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90067385 AMYNA(Standard Characters, see http://uspto.report/TM/90067385/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Hubs; modems; network switches; repeaters; routers, switches; wireless access points; embedded and standalone network devices and infrastructure; computer hardware; computer network interface cards; computer network adapters; computer servers; communications servers; computer hardware including network and computer security functionality, including firewalls; data encryption, and interoperability with network security protocols; downloadable cloud-computing software for deploying virtual machines to a cloud computing platform, managing virtual machines on a cloud computing platform; downloadable software for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable software for use in data centers for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable podcasts in the fields of cybersecurity, information security and risk assessment
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: Hubs; Communication and computer network hubs; modems; network switches; computer network switches; repeaters; Ethernet repeaters; routers, switches; wireless network repeaters; wireless access points; network, wireless, and computer network routers; embedded and standalone network devices and infrastructure; ethernet and telecommunication switches; wireless access point devices; embedded and standalone computer network interface devices; computer hardware; computer network interface cards; computer network adapters; computer hardware including network and computer security functionality, including firewalls; computer servers; data encryption, and interoperability with network security protocols; communications servers; downloadable cloud-computing software for deploying virtual machines to a cloud computing platform, managing virtual machines on a cloud computing platform; computer hardware for network and computer security functionality, namely, for firewalls, data encryption, and interoperability with network security protocols; downloadable cloud-computing software for deploying virtual machines to a cloud computing platform and for managing virtual machines on a cloud computing platform; downloadable software for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable software for use in data centers for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable podcasts in the fields of cybersecurity, information security and risk assessmentClass 009 for Communication and computer network hubs; modems; computer network switches; Ethernet repeaters; wireless network repeaters; network, wireless, and computer network routers; ethernet and telecommunication switches; wireless access point devices; embedded and standalone computer network interface devices; computer hardware; computer network interface cards; computer network adapters; computer servers; communications servers; computer hardware for network and computer security functionality, namely, for firewalls, data encryption, and interoperability with network security protocols; downloadable cloud-computing software for deploying virtual machines to a cloud computing platform and for managing virtual machines on a cloud computing platform; downloadable software for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable software for use in data centers for administration of computer networks, network automation, network optimization, network management, network configuration, and deployment of software applications over networks; downloadable podcasts in the fields of cybersecurity, information security and risk assessment
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 041 for Continuing education services, namely, providing live and on-line continuing professional education seminars in the fields of networking, computing systems, cybersecurity, risk assessment, and information security; providing online publications in the fields of networking, computing systems, cybersecurity, risk assessment, information security; organizing events and conferences in the fields of networking, computing systems, cybersecurity, information security, and risk assessment; online journals, namely, blogs in the fields of networking, computing systems, cybersecurity, information security and risk assessment; entertainment services, namely, providing audio material, video material, and podcasts in the fields of networking, computing systems, cybersecurity, information security and risk assessment
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: Continuing education services, namely, providing live and on-line continuing professional education seminars in the fields of networking, computing systems, cybersecurity, risk assessment, and information security; providing online publications in the fields of networking, computing systems, cybersecurity, risk assessment, information security; providing online non-downloadable electronic publications in the nature of educational blogs, podcasts ,instructional materials, online books and magazines, and brochures presented in typographical, audio or video formats in the fields of networking, computing systems, cybersecurity, risk assessment, information security; organizing events and conferences in the fields of networking, computing systems, cybersecurity, information security, and risk assessment; Educational services, namely, organizing events and conferences in the fields of networking, computing systems, cybersecurity, information security, and risk assessment; online journals, namely, blogs in the fields of networking, computing systems, cybersecurity, information security and risk assessment; entertainment services, namely, providing audio material, video material, and podcasts in the fields of networking, computing systems, cybersecurity, information security and risk assessment; entertainment services, namely, providing online non-downloadable audio material, video material, and podcasts in the fields of networking, computing systems, cybersecurity, information security and risk assessmentClass 041 for Continuing education services, namely, providing live and on-line continuing professional education seminars in the fields of networking, computing systems, cybersecurity, risk assessment, and information security; providing online non-downloadable electronic publications in the nature of educational blogs, podcasts ,instructional materials, online books and magazines, and brochures presented in typographical, audio or video formats in the fields of networking, computing systems, cybersecurity, risk assessment, information security; Educational services, namely, organizing events and conferences in the fields of networking, computing systems, cybersecurity, information security, and risk assessment; online journals, namely, blogs in the fields of networking, computing systems, cybersecurity, information security and risk assessment; entertainment services, namely, providing online non-downloadable audio material, video material, and podcasts in the fields of networking, computing systems, cybersecurity, information security and risk assessment
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 Application service provider, namely, hosting, managing, developing and maintaining applications, software and a web site featuring a wide variety of educational topics and subjects for network-based delivery of content to global computing, mobile electronic and optical devices; consulting services in the field of infrastructure as a service (IAAS); infrastructure as a service (IAAS) featuring computer software platforms for cybersecurity; infrastructure as a service (IAAS) featuring computer software platforms for network, computer systems, and security monitoring; infrastructure as a service (IAAS) featuring computer software platforms for network, computer systems and security management; consulting services in the field of platform as a service (PAAS); platform as a service (PAAS) featuring computer software platforms for cybersecurity; platform as a service (PAAS) featuring computer software platforms for network computer systems, and security monitoring; platform as a service (PAAS) featuring computer software platforms for network, computer systems and security management; software as a service (SAAS) services featuring software for cybersecurity; consulting services in the field of software as a service (SAAS); software as a service (SAAS) services featuring software for network computer systems, and security monitoring; software as a service (SAAS) services featuring software for network, computer systems and security management; technology consultation in the fields of networks, computer systems and cybersecurity; cybersecurity services in the nature of restricting unauthorized access to computer systems; computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; computer security threat analysis for protecting data; testing, analysis, and evaluation of the software of others to assure compliance with information; development of customized software for others for use in risk assessment and information security; maintenance of computer software relating to computer security and prevention of computer risks; updating of computer software relating to computer security and prevention of computer risks; customer support services in the fields of computer, data, application, and network security; technical support services in the fields of computer, data, application, and network security
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: Application service provider, namely, hosting, managing, developing and maintaining applications, software and a web site featuring a wide variety of educational topics and subjects for network-based delivery of content to global computing, mobile electronic and optical devices; Application service provider, namely, hosting, managing, developing and maintaining applications, software and websites of others featuring a wide variety of educational topics and subjects for network-based delivery of content to global computing, mobile electronic and optical devices; consulting services in the field of infrastructure as a service (IAAS); infrastructure as a service (IAAS) featuring computer software platforms for cybersecurity; infrastructure as a service (IAAS) services, namely, hosting computer software platforms for operating virtual servers and providing services in the field of cybersecurity and networking for use by others; infrastructure as a service (IAAS) featuring computer software platforms for network, computer systems, and security monitoring; infrastructure as a service (IAAS) services, namely, hosting computer software platforms for monitoring networks, computer systems and security, for use by others; infrastructure as a service (IAAS) featuring computer software platforms for network, computer systems and security management; infrastructure as a service (IAAS) services, namely, hosting computer software platforms for network, computer systems and security management for use by others; consulting services in the field of platform as a service (PAAS); platform as a service (PAAS) featuring computer software platforms for cybersecurity; platform as a service (PAAS) featuring computer software platforms for operating virtual servers and providing services in the field of cybersecurity and networking; platform as a service (PAAS) featuring computer software platforms for network computer systems, and security monitoring; platform as a service (PAAS) featuring computer software platforms for monitoring network computer systems and security; platform as a service (PAAS) featuring computer software platforms for network, computer systems and security management; software as a service (SAAS) services featuring software for cybersecurity; software as a service (SAAS) services featuring software for operating virtual servers and providing services in the field of cybersecurity and networking; consulting services in the field of software as a service (SAAS); software as a service (SAAS) services featuring software for network computer systems, and security monitoring; software as a service (SAAS) services featuring software for monitoring network computer systems and security; software as a service (SAAS) services featuring software for network, computer systems and security management; technology consultation in the fields of networks, computer systems and cybersecurity; cybersecurity services in the nature of restricting unauthorized access to computer systems; computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; computer security threat analysis for protecting data; testing, analysis, and evaluation of the software of others to assure compliance with information; development of customized software for others for use in risk assessment and information security; maintenance of computer software relating to computer security and prevention of computer risks; updating of computer software relating to computer security and prevention of computer risks; customer support services in the fields of computer, data, application, and network security; customer support services, namely, troubleshooting of computer software problems in the fields of computer, data, application, and network security; technical support services in the fields of computer, data, application, and network security; technical support services, namely, providing backup computer programs and facilities in the fields of computer, data, application, and network security; technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts in the fields of computer, data, application, and network security; technical support services, namely, monitoring technological functions of computer network systems in the fields of computer, data, application, and network securityClass 042 for Application service provider, namely, hosting, managing, developing and maintaining applications, software and websites of others featuring a wide variety of educational topics and subjects for network-based delivery of content to global computing, mobile electronic and optical devices; consulting services in the field of infrastructure as a service (IAAS); infrastructure as a service (IAAS) services, namely, hosting computer software platforms for operating virtual servers and providing services in the field of cybersecurity and networking for use by others; infrastructure as a service (IAAS) services, namely, hosting computer software platforms for monitoring networks, computer systems and security, for use by others; infrastructure as a service (IAAS) services, namely, hosting computer software platforms for network, computer systems and security management for use by others; consulting services in the field of platform as a service (PAAS); platform as a service (PAAS) featuring computer software platforms for operating virtual servers and providing services in the field of cybersecurity and networking; platform as a service (PAAS) featuring computer software platforms for monitoring network computer systems and security; platform as a service (PAAS) featuring computer software platforms for network, computer systems and security management; software as a service (SAAS) services featuring software for operating virtual servers and providing services in the field of cybersecurity and networking; consulting services in the field of software as a service (SAAS); software as a service (SAAS) services featuring software for monitoring network computer systems and security; software as a service (SAAS) services featuring software for network, computer systems and security management; technology consultation in the fields of networks, computer systems and cybersecurity; cybersecurity services in the nature of restricting unauthorized access to computer systems; computer security consultancy in the field of scanning and penetration testing of computers and networks to assess information security vulnerability; computer security threat analysis for protecting data; testing, analysis, and evaluation of the software of others to assure compliance with information; development of customized software for others for use in risk assessment and information security; maintenance of computer software relating to computer security and prevention of computer risks; updating of computer software relating to computer security and prevention of computer risks; customer support services, namely, troubleshooting of computer software problems in the fields of computer, data, application, and network security; technical support services, namely, providing backup computer programs and facilities in the fields of computer, data, application, and network security; technical support services, namely, 24/7 monitoring of network systems, servers and web and database applications and notification of related events and alerts in the fields of computer, data, application, and network security; technical support services, namely, monitoring technological functions of computer network systems in the fields of computer, data, application, and network security
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 hereby adds the following class of goods/services to the application:
New: Class 035 for Organizing business events and business conferences in the fields of networking, computing systems, cybersecurity, information security, and risk assessment
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


ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
AMYNA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.

Correspondence Information (current):
      AMY B. GOLDSMITH
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agoldsmith@tarterkrinsky.com

The docket/reference number is 85850-4.
Correspondence Information (proposed):
      Amy B. Goldsmith
      PRIMARY EMAIL FOR CORRESPONDENCE: tmdocket@tarterkrinsky.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): agoldsmith@tarterkrinsky.com

The docket/reference number is 85850-4.

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).

FEE(S)
Fee(s) in the amount of $350 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Amy B Goldsmith/      Date: 01/11/2021
Signatory's Name: Amy B. Goldsmith
Signatory's Position: Attorney of Record, New York Bar Member
Signatory's Phone Number: 2122168000

Signature method: Sent to third party for signature

Response Signature
Signature: /Amy B Goldsmith/     Date: 01/11/2021
Signatory's Name: Amy B. Goldsmith
Signatory's Position: Attorney of Record, New York Bar member

Signatory's Phone Number: 2122168000 Signature method: Signed directly within the form

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:    AMY B. GOLDSMITH
   TARTER KRINSKY & DROGIN LLP
   
   1350 BROADWAY, 11TH FLOOR
   NEW YORK, New York 10018
Mailing Address:    Amy B. Goldsmith
   TARTER KRINSKY & DROGIN LLP
   1350 BROADWAY, 11TH FLOOR
   NEW YORK, New York 10018
        
PAYMENT: 90067385
PAYMENT DATE: 01/11/2021
        
Serial Number: 90067385
Internet Transmission Date: Mon Jan 11 13:38:06 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20210111133806
904585-90067385-76053b32f8988a841248d157
d0298726e7a1e88efeaba479d7f13f1f42712d3c
d-DA-38067521-20210111130855431080