PTO- 1957 |
Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
90254764 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/90254764/mark.png |
LITERAL ELEMENT |
NEXEL |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._ROA-NEXEL-90254 764.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0002.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0003.JPG |
ORIGINAL PDF FILE |
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._SIGNED-Declarat ion-Ownership_of_Prior_Ap pl-90254764.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0004.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0005.JPG |
ORIGINAL PDF FILE |
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._Assign_Receipt- NEXEL-88024092.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0006.JPG |
|
\\TICRS\EXPORT18\IMAGEOUT 18\902\547\90254764\xml5\ ROA0007.JPG |
DESCRIPTION OF EVIDENCE FILE |
a PDF copy of the Applicant's arguments and a signed Declaration attesting to the ownership of Application No. 88024092 for the "NEXEL" mark,
along with the payment receipt for the Assignment recently filed with the USPTO for Application No. 88024092 |
GOODS AND/OR SERVICES SECTION (038) (current) |
INTERNATIONAL CLASS |
038 |
DESCRIPTION |
Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free
number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation
Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging; call management and phone administration, namely, telephone operator
services and management of telephone call centers for others |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (038) (proposed) |
INTERNATIONAL CLASS |
038 |
TRACKED TEXT DESCRIPTION |
Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a
dedicated toll-free number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet
protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging; call management and phone administration, namely, telephone operator services and management of telephone call centers for others |
FINAL DESCRIPTION |
Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free
number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation
Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042) (current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
Providing on-line non-downloadable software for customer relationship management; providing on-line non-downloadable software for
personal and business contact management, and for communicating with customers, potential customers and business partners; providing on-line non-downloadable software for obtaining data and
information about personal contacts and their companies for purposes of customer relationship management, sales, and marketing, and for managing, tracking, analyzing, and reporting data information
in the fields of customer relationship management, sales, and marketing; providing on-line non-downloadable software for performing analytics and recommending actions in the field of CRM, sales, and
marketing |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042) (proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
Providing on-line non-downloadable software for customer relationship management; providing on-line non-downloadable software for personal and business contact management, and for communicating with customers, potential customers and business partners; providing on-line nondownloadable software for personal and business contact management, and for communicating with customers, potential customers and business partners;
providing on-line non-downloadable software for obtaining data and information about personal contacts and their companies for purposes of customer relationship management, sales,
and marketing, and for managing, tracking, analyzing, and reporting data information in the fields of customer relationship management, sales, and marketing; providing
on-line non-downloadable software for performing analytics and recommending actions in the field of CRM, sales, and marketing |
FINAL DESCRIPTION |
Providing on-line non-downloadable software for customer relationship management; providing on-line nondownloadable software for
personal and business contact management, and for communicating with customers, potential customers and business partners; providing on-line non-downloadable software for obtaining data and
information about personal contacts and their companies for purposes of customer relationship management, sales, and marketing, and for managing, tracking, analyzing, and reporting data information
in the fields of customer relationship management, sales, and marketing; providing on-line non-downloadable software for performing analytics and recommending actions in the field of CRM, sales, and
marketing |
WEBPAGE URL |
None Provided |
WEBPAGE DATE OF ACCESS |
None Provided |
FILING BASIS |
Section 1(b) |
CORRESPONDENCE INFORMATION (current) |
NAME |
DEREK FAHEY |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
derek@plusfirm.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
info@plusfirm.com; jacqueline@plusfirm.com |
CORRESPONDENCE INFORMATION (proposed) |
NAME |
Derek Fahey |
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE |
derek@plusfirm.com |
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) |
docket@plusfirm.com; jacqueline@plusfirm.com |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Derek Fahey/ |
SIGNATORY'S NAME |
Derek Fahey |
SIGNATORY'S POSITION |
Attorney of Record |
SIGNATORY'S PHONE NUMBER |
800-768-9399 |
DATE SIGNED |
06/01/2021 |
ROLE OF AUTHORIZED SIGNATORY |
Authorized U.S.-Licensed Attorney |
SIGNATURE METHOD |
Signed directly within the form |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jun 01 13:54:38 ET 2021 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XX.XXX-
20210601135438823120-9025
4764-78042aad55ef7faa4559
614e7ce7b02d1f2c5a1675b97
cb70797051661f957f6-N/A-N
/A-20210601135123830880 |
PTO- 1957 |
Approved for use through 11/30/2023. OMB 0651-0050 |
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
90254764 NEXEL (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9025476 4/large) has been amended as follows:
EVIDENCE
Evidence has been attached: a PDF copy of the Applicant's arguments and a signed Declaration attesting to the ownership of Application No. 88024092 for the "NEXEL" mark, along with the payment
receipt for the Assignment recently filed with the USPTO for Application No. 88024092
Original PDF file:
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._ROA-NEXEL-90254 764.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._SIGNED-Declarat ion-Ownership_of_Prior_Ap pl-90254764.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
Original PDF file:
evi_26001700fba0123040a82
fd072223a72-2021052717265 8880530_._Assign_Receipt- NEXEL-88024092.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current:
Class 038 for Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free number, visual voicemail and voicemail-to-email
services, telephone call logging, caller ID Control and wireless PBX services; Voice over Internet protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice
Response), automatic call recording, text messaging and multimedia messaging; call management and phone administration, namely, telephone operator services and management of telephone call centers
for others
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: Telecommunication services, namely, voice mail services, toll free telephone services in the nature of providing a dedicated toll-free number,
visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services;
Voice over Internet protocol (VOIP) services, Session
Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging;
call management and
phone administration, namely, telephone operator services and management of telephone call centers for othersClass 038 for Telecommunication services, namely, voice mail services, toll free
telephone services in the nature of providing a dedicated toll-free number, visual voicemail and voicemail-to-email services, telephone call logging, caller ID Control and wireless PBX services;
Voice over Internet protocol (VOIP) services, Session Initiation Protocol (SIP) Trunking, IVR (Interactive Voice Response), automatic call recording, text messaging and multimedia messaging
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 Providing on-line non-downloadable software for customer relationship management; providing on-line non-downloadable software for personal and business contact management, and for
communicating with customers, potential customers and business partners; providing on-line non-downloadable software for obtaining data and information about personal contacts and their companies for
purposes of customer relationship management, sales, and marketing, and for managing, tracking, analyzing, and reporting data information in the fields of customer relationship management, sales, and
marketing; providing on-line non-downloadable software for performing analytics and recommending actions in the field of CRM, sales, and marketing
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 on-line non-downloadable software for customer relationship management;
providing on-line
non-downloadable software for personal and business contact management, and for communicating with customers, potential customers and business partners;
providing on-line nondownloadable software for personal and business contact management, and for communicating with customers, potential customers and business partners;
providing on-line non-downloadable software for obtaining data and information about personal contacts and their companies for purposes of customer relationship management, sales, and
marketing, and for managing, tracking, analyzing, and reporting data information in the fields of customer relationship management, sales, and marketing;
providing on-line
non-downloadable software for performing analytics and recommending actions in the field of CRM, sales, and marketingClass 042 for Providing on-line non-downloadable software for customer
relationship management; providing on-line nondownloadable software for personal and business contact management, and for communicating with customers, potential customers and business partners;
providing on-line non-downloadable software for obtaining data and information about personal contacts and their companies for purposes of customer relationship management, sales, and marketing, and
for managing, tracking, analyzing, and reporting data information in the fields of customer relationship management, sales, and marketing; providing on-line non-downloadable software for performing
analytics and recommending actions in the field of CRM, sales, and marketing
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
Correspondence Information (current):
DEREK FAHEY
PRIMARY EMAIL FOR CORRESPONDENCE: derek@plusfirm.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): info@plusfirm.com; jacqueline@plusfirm.com
Correspondence Information (proposed):
Derek Fahey
PRIMARY EMAIL FOR CORRESPONDENCE: derek@plusfirm.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): docket@plusfirm.com; jacqueline@plusfirm.com
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: /Derek Fahey/ Date: 06/01/2021
Signatory's Name: Derek Fahey
Signatory's Position: Attorney of Record
Signatory's Phone Number: 800-768-9399 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: DEREK FAHEY
THE PLUS IP FIRM
101 NE 3RD AVENUE, SUITE 1500
FORT LAUDERDALE, Florida 33301
Mailing Address: Derek Fahey
THE PLUS IP FIRM
101 NE 3RD AVENUE, SUITE 1500
FORT LAUDERDALE, Florida 33301
Serial Number: 90254764
Internet Transmission Date: Tue Jun 01 13:54:38 ET 2021
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-202106011354388
23120-90254764-78042aad55ef7faa4559614e7
ce7b02d1f2c5a1675b97cb70797051661f957f6-
N/A-N/A-20210601135123830880