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 11/30/2023)

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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 11/30/2023)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90201048 VERAX(Standard Characters, see http://uspto.report/TM/90201048/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Downloadable software in the nature of a mobile application for animal management; Downloadable software for animal management
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 software in the nature of a mobile application for animal management; Downloadable software in the nature of mobile application for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management; Downloadable software for animal management; Downloadable software for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management.Class 009 for Downloadable software in the nature of mobile application for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management; Downloadable software for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management.
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 use of on-line non-downloadable software for animal management
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 use of on-line non-downloadable software for animal management; Providing use of on-line non-downloadable software for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management.Class 042 for Providing use of on-line non-downloadable software for monitoring animal feed ingredients, monitoring animal health, welfare and nutrition, and monitoring animals' environmental impact, all in the field of animal management.
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):
      DUANE M. BYERS
      PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4662-4055.
Correspondence Information (proposed):
      Duane M. Byers
      PRIMARY EMAIL FOR CORRESPONDENCE: nixonptomail@nixonvan.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 4662-4055.

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: /dmb/     Date: 12/09/2020
Signatory's Name: Duane M. Byers
Signatory's Position: Attorney of record, Virginia bar member

Signatory's Phone Number: 7037867421

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:    DUANE M. BYERS
   NIXON & VANDERHYE PC
   
   901 N. GLEBE ROAD, 11TH FLOOR
   ARLINGTON, Virginia 22203
Mailing Address:    Duane M. Byers
   NIXON & VANDERHYE PC
   901 N. GLEBE ROAD, 11TH FLOOR
   ARLINGTON, Virginia 22203
        
Serial Number: 90201048
Internet Transmission Date: Wed Dec 09 17:19:31 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.X-20201209171931428
631-90201048-7501f7df9f2ffd3db1d7d276aea
e2198ce26c4eab957ce65f533ba3c5df7bb44-N/
A-N/A-20201209171639905589