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

---

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. 90681720 APOLLO(Standard Characters, see http://uspto.report/TM/90681720/mark.png) has been amended as follows:

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

The Examiner has advised that Applicant's mark may be refused on the basis of likelihood of confusion with the mark shown in U.S. Application Serial No. 90/600,666 if the said mark proceeds to registration. Accordingly, Applicant requests that its application be suspended pending the final disposition of U.S. Application Serial No. 90/600,666. Applicant reserves the right to present arguments against any likelihood of confusion with the mark shown in the cited application if and when is is registered.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 042 for Platform as a service (PAAS) featuring an online computer software ecommerce platform used for connecting customers in any scientific discipline, allowing customers to obtain data and place orders for scientific research and facilitating communication with individual experts, academic core facilities, government labs and for-profit companies, and enabling online discussions and social networking; Design and development of on-line computer software systems, namely, design and development of an online data sharing, procurement and social networking and communications platform for scientists and research suppliers to share information, create custom studies, get price quotes, establish legal agreements and purchase research services and custom products; Platform as a service (PAAS) featuring an online social networking and communications platform used to enable communication with potential customers, the exchange of information and selling of custom research services and products; Platform as a service (PAAS) featuring an online platform used to manage both internal and external research sourcing projects and used for sharing of scientific information and institutional knowledge across a research organization through a central hub
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: Platform as a service (PAAS) featuring an online computer software ecommerce platform used for connecting customers in any scientific discipline, allowing customers to obtain data and place orders for scientific research and facilitating communication with individual experts, academic core facilities, government labs and for-profit companies, and enabling online discussions and social networking; Design and development of on-line computer software systems, namely, design and development of an online data sharing, procurement and social networking and communications platform for scientists and research suppliers to share information, create custom studies, get price quotes, establish legal agreements and purchase research services and custom products; Platform as a service (PAAS) featuring an online social networking and communications platform used to enable communication with potential customers, the exchange of information and selling of custom research services and products; Platform as a service (PAAS) featuring an online social networking and communications software platform used to enable communication with potential customers, the exchange of information and selling of custom research services and products; Platform as a service (PAAS) featuring an online platform used to manage both internal and external research sourcing projects and used for sharing of scientific information and institutional knowledge across a research organization through a central hub; Platform as a service (PAAS) featuring an online computer software platform used to manage both internal and external research sourcing projects and used for sharing of scientific information and institutional knowledge across a research organization through a central hubClass 042 for Platform as a service (PAAS) featuring an online computer software ecommerce platform used for connecting customers in any scientific discipline, allowing customers to obtain data and place orders for scientific research and facilitating communication with individual experts, academic core facilities, government labs and for-profit companies, and enabling online discussions and social networking; Design and development of on-line computer software systems, namely, design and development of an online data sharing, procurement and social networking and communications platform for scientists and research suppliers to share information, create custom studies, get price quotes, establish legal agreements and purchase research services and custom products; Platform as a service (PAAS) featuring an online social networking and communications software platform used to enable communication with potential customers, the exchange of information and selling of custom research services and products; Platform as a service (PAAS) featuring an online computer software platform used to manage both internal and external research sourcing projects and used for sharing of scientific information and institutional knowledge across a research organization through a central hub
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


The owner's/holder's current attorney information: Joseph V. Myers III. Joseph V. Myers III of SEYFARTH SHAW LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2500
      1075 PEACHTREE ST. NE
      ATLANTA, Georgia 30309
      United States
The docket/reference number is 057670.
      The phone number is 404-885-1500.
      The fax number is 404-892-7056.
      The email address is tmatlanta@seyfarth.com

The owner's/holder's proposed attorney information: Joseph V. Myers III. Joseph V. Myers III of SEYFARTH SHAW LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      SUITE 2500
      1075 PEACHTREE ST. NE
      ATLANTA, Georgia 30309
      United States
The docket/reference number is 057670.
      The phone number is 404-885-1500.
      The fax number is 404-892-7056.
      The email address is tmatlanta@seyfarth.com

Joseph V. Myers III submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      JOSEPH V. MYERS III
      PRIMARY EMAIL FOR CORRESPONDENCE: tmatlanta@seyfarth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 057670.
Correspondence Information (proposed):
      Joseph V. Myers III
      PRIMARY EMAIL FOR CORRESPONDENCE: tmatlanta@seyfarth.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): NOT PROVIDED

The docket/reference number is 057670.

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: /Stephen D. Lott/     Date: 02/24/2022
Signatory's Name: Stephen D. Lott
Signatory's Position: Attorney of record, Illinois Bar member

Signatory's Phone Number: 312-460-5343 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:    JOSEPH V. MYERS III
   SEYFARTH SHAW LLP
   SUITE 2500
   1075 PEACHTREE ST. NE
   ATLANTA, Georgia 30309
Mailing Address:    Joseph V. Myers III
   SEYFARTH SHAW LLP
   SUITE 2500
   1075 PEACHTREE ST. NE
   ATLANTA, Georgia 30309
        
Serial Number: 90681720
Internet Transmission Date: Thu Feb 24 11:27:45 ET 2022
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.X-20220224112745015
453-90681720-8008dddb062843ae42e719277f2
63d24fa1335de8ddb079c778bcadbf7c83b-N/A-
N/A-20220224111722726994