Response to Office Action

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

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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. 90602113 BODHI (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9060211 3/large) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

REMARKS

The Office Action required responses by Applicant, namely providing a translation of the wording in the mark, amending the description of the mark, and amending the identification of goods and services. The remarks submitted herein address each of these requires responses.

TRANSLATION

The Office Action requires an English translation of all wording in the mark. In order to advance prosecution, Applicant submits the following translation of the wording in the mark as follows:

The English translation of “BODHI” is “enlightenment”.

In light of the translation described above, Applicant respectfully requests withdrawal of the rejection and publication of the trademark application.

DESCRIPTION

The Office Action requires the description of the mark to be amended to describe all significant aspects of the mark. Applicant is amending the description of the mark as follows:

The mark consists of the stylized word BODHI superimposed on a sphere comprised of bands of circles which increase in size from bottom left to top right.

In light of the description provided above, Applicant respectfully requests withdrawal of the rejection and publication of the trademark application.

IDENTIFICATION OF SERVICES

The Office Action requires the identification of goods and services to be amended “because the nature of the services is indefinite.” In order to advance prosecution, Applicant is amending the goods and services as follows (with additions shown in bold and deletions shown in bold and struck through):

Class 035: Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information of third parties through on-line medium; Advertising services, namely, creating brand identity for third parties; Brand concept and brand development services; Development of marketing strategies; Marketing and branding services, namely, consulting on, developing, and implementing marketing strategies, growth strategies, and modern customer journey optimization; Social media business strategy development and marketing services; Digital marketing services; Corporate brand G growth strategy services for third parties; Business data analysis

Class 042: Data conversion; services; Data analytics services; Data science services; Data engineering services, namely, data technology services, data pipeline engineering, analytics engineering, marketing attribution, and executive business intelligence; Conversion rate optimization services.

In light of the amendments provided above, Applicant respectfully requests withdrawal of the rejection and publication of Applicant’s trademark application.

CONCLUSION

It is believed that Applicant has responded to all of the Examining Attorney’s questions and objections and that the application is now in condition to go forward to publication.

Respectfully submitted,

/Jordan E. Meggison-Decker/

Jordan E. Meggison-Decker, Reg. No. 74,127

State of Iowa Bar Member, Bar Membership No. 29872

BROWN WINICK LAW FIRM

666 Grand Avenue

Suite 2000, Ruan Center

Des Moines, Iowa 50309

Phone No.: 515-242-2400

Fax No.: 515-242-2488

Email: IP@brownwinick.com

Customer No. 47608

Attorney of Record

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 035 for Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information of third parties; Advertising services, namely, creating brand identity for third parties; Brand concept and brand development services; Development of marketing strategies; Marketing and branding services; Social media strategy and marketing services; Digital marketing services; Growth strategy services for third parties
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Advertising and publicity services, namely, promoting the goods, services, brand identity and commercial information of third parties; Advertising services, namely, promoting the goods, services, brand identity and commercial information of third parties through on-line medium; Advertising services, namely, creating brand identity for third parties; Development of marketing strategies; Brand concept and brand development services; Marketing services, namely, consulting on, developing, and implementing marketing strategies, growth strategies, and modern customer journey optimization; Social media business strategy development and marketing services; Marketing and branding services; Digital marketing services; Social media strategy and marketing services; Corporate brand growth strategy services for third parties; Business data analysis; Growth strategy services for third partiesClass 035 for Advertising services, namely, promoting the goods, services, brand identity and commercial information of third parties through on-line medium; Development of marketing strategies; Marketing services, namely, consulting on, developing, and implementing marketing strategies, growth strategies, and modern customer journey optimization; Social media business strategy development and marketing services; Digital marketing services; Corporate brand growth strategy services for third parties; Business data analysis
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


Applicant proposes to amend the following:

Current:
Class 042 for Data conversion services; Data analytics services; Data science services; Data engineering services; Conversion rate optimization services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.


Proposed:

Tracked Text Description: Data conversion services; Data science services; Data analytics services; Data engineering services, namely, data technology services, data pipeline engineering, analytics engineering, marketing attribution, and executive business intelligence; Conversion rate optimization services; Data engineering servicesClass 042 for Data science services; Data engineering services, namely, data technology services, data pipeline engineering, analytics engineering, marketing attribution, and executive business intelligence; Conversion rate optimization services
Filing Basis: Section 1(b), Intent to Use: For a trademark or service mark application: The applicant believes the applicant is entitled to use the mark in commerce on or in connection with the goods or 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. 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.

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


ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized word BODHI superimposed on a sphere comprised of bands of circles which increase in size from bottom left to top right.

Translation
The English translation of BODHI in the mark is enlightenment.

Correspondence Information (current):
      JORDAN MEGGISON-DECKER
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownwinick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 29949.0003.
Correspondence Information (proposed):
      Jordan Meggison-Decker
      PRIMARY EMAIL FOR CORRESPONDENCE: ip@brownwinick.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 29949.0003.

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: /JORDAN MEGGISON-DECKER/     Date: 05/03/2022
Signatory's Name: Jordan Meggison-Decker
Signatory's Position: Attorney of Record, Iowa Bar Member

Signatory's Phone Number: 5152422400 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:    JORDAN MEGGISON-DECKER
   BROWNWINICK LAW FIRM
   
   666 GRAND AVE., SUITE 2000
   DES MOINES, Iowa 50309
Mailing Address:    Jordan Meggison-Decker
   BROWNWINICK LAW FIRM
   666 GRAND AVE., SUITE 2000
   DES MOINES, Iowa 50309
        
Serial Number: 90602113
Internet Transmission Date: Tue May 03 12:32:26 ET 2022
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XX-20220503123226200
506-90602113-8008ef5b9e1e50b4f844c4bc1f2
3c59963c74e67385a991bfba8f282f9ffddd61-N
/A-N/A-20220503120741254175