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. 90858708 AUTODESK (Stylized and/or with Design, see http://tmng-al.uspto.gov /resting2/api/img/9085870 8/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for CAD/CAM software for machine control and general use; Computer aided design (CAD) software for general use; Computer aided manufacturing (CAM) software for machine control and general use; Computer game software; Computer graphics software; Computer software for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management; Computer software for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management and that may be downloaded from a global computer network; Educational software featuring instruction in design, art, multimedia, image manipulation and architecture; Software for processing images, graphics and text; Computer software for aiding, operating, and controlling devices for printing of three-dimensional (3D) objects; Computer aided design (CAD) software for designing and/or printing of three-dimensional objects; Computer software for scanning and processing of three-dimensional (3D) objects; Computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes and 3D models; Computer software for use in creating digital prototypes, virtual prototypes, 3D product presentations and renderings, and 3D design reviews and for streaming 3D data; Computer software for use in manufacturing and 3D printing; Computer software for use in electronic design automation and for designing and manufacturing printed circuit boards
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: CAD/CAM software for machine control and general use; Downloadable CAD/CAM software for machine control and general use; Computer aided design (CAD) software for general use; Downloadable computer aided design (CAD) software for general use; Computer aided manufacturing (CAM) software for machine control and general use; Downloadable computer aided manufacturing (CAM) software for machine control and general use; Computer game software; Downloadable computer game software; Computer graphics software; Downloadable computer graphics software; Computer software for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management; Downloadable computer software for data processing for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management; Computer software for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management and that may be downloaded from a global computer network; Downloadable computer software for processing data for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management and that may be downloaded from a global computer network; Educational software featuring instruction in design, art, multimedia, image manipulation and architecture; Downloadable educational software that displays information featuring instruction in design, art, multimedia, image manipulation and architecture; Software for processing images, graphics and text; Downloadable software for processing images, graphics and text; Computer software for aiding, operating, and controlling devices for printing of three-dimensional (3D) objects; Downloadable computer software for aiding, operating, and controlling devices for printing of three-dimensional objects; Computer aided design (CAD) software for designing and/or printing of three-dimensional objects; Downloadable computer-aided design (CAD) software for designing and printing of three-dimensional objects; Computer software for scanning and processing of three-dimensional (3D) objects; Downloadable computer software for scanning and processing of three-dimensional objects; Computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Downloadable computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes and 3D models; downloadable computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes and 3D models; Computer software for use in creating digital prototypes, virtual prototypes, 3D product presentations and renderings, and 3D design reviews and for streaming 3D data; downloadable computer software for use in creating digital prototypes, virtual prototypes, 3D product presentations and renderings, and 3D design reviews and for streaming 3D data; Computer software for use in manufacturing and 3D printing; downloadable computer software for use in manufacturing and 3D printing; Computer software for use in electronic design automation and for designing and manufacturing printed circuit boards; downloadable computer software for use in electronic design automation and for designing and manufacturing printed circuit boards; Downloadable computer software development toolsClass 009 for Downloadable CAD/CAM software for machine control and general use; Downloadable computer aided design (CAD) software for general use; Downloadable computer aided manufacturing (CAM) software for machine control and general use; Downloadable computer game software; Downloadable computer graphics software; Downloadable computer software for data processing for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management; Downloadable computer software for processing data for architecture, digital prototyping, graphic design, multimedia production, viewing of video entertainment, special effects, film editing, project management, image manipulation, home design, simulation, visualization, rendering of digital objects and images, and data management and that may be downloaded from a global computer network; Downloadable educational software that displays information featuring instruction in design, art, multimedia, image manipulation and architecture; Downloadable software for processing images, graphics and text; Downloadable computer software for aiding, operating, and controlling devices for printing of three-dimensional objects; Downloadable computer-aided design (CAD) software for designing and printing of three-dimensional objects; Downloadable computer software for scanning and processing of three-dimensional objects; Downloadable computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; downloadable computer software for designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes and 3D models; downloadable computer software for use in creating digital prototypes, virtual prototypes, 3D product presentations and renderings, and 3D design reviews and for streaming 3D data; downloadable computer software for use in manufacturing and 3D printing; downloadable computer software for use in electronic design automation and for designing and manufacturing printed circuit boards; Downloadable computer software development tools
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


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Applicant proposes to amend the following:

Current:
Class 041 for Computer education training services; Education services, namely, providing live and on-line seminars and programs in the field of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage; Training in the use of computer software in the fields of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Computer education training services; Education services, namely, providing live and on-line seminars and programs in the field of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage; Education services, namely, providing live and on-line seminars and educational programs in the fields of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage; Training in the use of computer software in the fields of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usageClass 041 for Computer education training services; Education services, namely, providing live and on-line seminars and educational programs in the fields of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage; Training in the use of computer software in the fields of computer aided design and manufacture, graphics, image manipulation, construction and project management, architectural design, digital prototyping, and computer software usage
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


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

Applicant proposes to amend the following:

Current:
Class 042 for Cloud computing featuring software for computer aided design, graphics design, multimedia production, project management, image manipulation and home design for use by architects, interior designers, civil engineers, construction managers, computer aided designers, multimedia manipulators, prototype creators, and graphics professionals; Computer aided graphic design; Computer project management services; Computer services, namely, creating an on-line community for registered users to publish and share their own content and images online; Providing a secure electronic online system featuring technology which allows users to create, publish, modify, share and produce personalized things from digital content, models and designs; Providing a web site featuring technology that enables users to design their own home layouts, three dimensional objects and construction projects; Providing a web site featuring temporary use of non-downloadable software for tools for image editing, simulation, visualization, rendering of digital objects and images, data management, construction projects, home design, object design and computer graphics; Providing an Internet website portal offering information in the field of computer aided design; Cloud computing featuring software for aiding, operating, and controlling devices for printing of three-dimensional (3D) objects ; Software as a service (SAAS) services featuring software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Providing temporary use of on-line non-downloadable software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Platform as a service (PAAS) featuring computer software platforms providing services, application programming interfaces, and software development kits to enable software developers and businesses, to develop software applications, products, and services; Computer software development tools; providing an internet website portal offering information on software development; software development consulting; technical support services in the field of software development Software as a service (SAAS) services featuring software for use in manufacturing and 3D printing; Providing temporary use of on-line non-downloadable software for use in manufacturing and 3D printing; Software as a service (SAAS) services featuring software for use in electronic design automation and for designing and manufacturing printed circuit boards; Providing temporary use of on-line non-downloadable software for use in electronic design automation and for designing and manufacturing printed circuit boards
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.

Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. For a certification 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.


Proposed:

Tracked Text Description: Cloud computing featuring software for computer aided design, graphics design, multimedia production, project management, image manipulation and home design for use by architects, interior designers, civil engineers, construction managers, computer aided designers, multimedia manipulators, prototype creators, and graphics professionals; Computer aided graphic design; Computer project management services; Computer services, namely, creating an on-line community for registered users to publish and share their own content and images online; Providing a secure electronic online system featuring technology which allows users to create, publish, modify, share and produce personalized things from digital content, models and designs; Providing a web site featuring technology that enables users to design their own home layouts, three dimensional objects and construction projects; Providing a web site featuring temporary use of non-downloadable software for tools for image editing, simulation, visualization, rendering of digital objects and images, data management, construction projects, home design, object design and computer graphics; Providing an Internet website portal offering information in the field of computer aided design; Providing an Internet website portal offering information in the field of computer-aided design; Cloud computing featuring software for aiding, operating, and controlling devices for printing of three-dimensional (3D) objects; Cloud computing featuring software for aiding, operating, and controlling devices for printing of three-dimensional objects; Software as a service (SAAS) services featuring software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Providing temporary use of on-line non-downloadable software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Platform as a service (PAAS) featuring computer software platforms providing services, application programming interfaces, and software development kits to enable software developers and businesses, to develop software applications, products, and services; Computer software development tools; providing on-line non-downloadable computer software development tools; providing an internet website portal offering information on software development; providing an internet website portal offering information on computer software development for others; software development consulting; software development consulting in the field of computer-aided design; technical support services in the field of software development Software as a service (SAAS) services featuring software for use in manufacturing and 3D printing; technical support services in the field of software development, namely, troubleshooting of computer software problems; Software as a service (SAAS) services featuring software for use in manufacturing and 3D printing; Providing temporary use of on-line non-downloadable software for use in manufacturing and 3D printing; Software as a service (SAAS) services featuring software for use in electronic design automation and for designing and manufacturing printed circuit boards; Providing temporary use of on-line non-downloadable software for use in electronic design automation and for designing and manufacturing printed circuit boards; providing temporary use of online non-downloadable CAD/CAM software for machine control and general use; providing temporary use of online non-downloadable computer aided design (CAD) software for general use; providing temporary use of online non-downloadable computer aided manufacturing (CAM) software for machine control and general useClass 042 for Cloud computing featuring software for computer aided design, graphics design, multimedia production, project management, image manipulation and home design for use by architects, interior designers, civil engineers, construction managers, computer aided designers, multimedia manipulators, prototype creators, and graphics professionals; Computer aided graphic design; Computer project management services; Computer services, namely, creating an on-line community for registered users to publish and share their own content and images online; Providing a secure electronic online system featuring technology which allows users to create, publish, modify, share and produce personalized things from digital content, models and designs; Providing a web site featuring technology that enables users to design their own home layouts, three dimensional objects and construction projects; Providing a web site featuring temporary use of non-downloadable software for tools for image editing, simulation, visualization, rendering of digital objects and images, data management, construction projects, home design, object design and computer graphics; Providing an Internet website portal offering information in the field of computer-aided design; Cloud computing featuring software for aiding, operating, and controlling devices for printing of three-dimensional objects; Software as a service (SAAS) services featuring software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Providing temporary use of on-line non-downloadable software for use in designing, creating, visualizing, editing, optimizing, and analyzing 3D meshes, 3D models, 3D point clouds, and orthographic projections and views; Platform as a service (PAAS) featuring computer software platforms providing services, application programming interfaces, and software development kits to enable software developers and businesses, to develop software applications, products, and services; providing on-line non-downloadable computer software development tools; providing an internet website portal offering information on computer software development for others; software development consulting in the field of computer-aided design; technical support services in the field of software development, namely, troubleshooting of computer software problems; Software as a service (SAAS) services featuring software for use in manufacturing and 3D printing; Providing temporary use of on-line non-downloadable software for use in manufacturing and 3D printing; Software as a service (SAAS) services featuring software for use in electronic design automation and for designing and manufacturing printed circuit boards; Providing temporary use of on-line non-downloadable software for use in electronic design automation and for designing and manufacturing printed circuit boards; providing temporary use of online non-downloadable CAD/CAM software for machine control and general use; providing temporary use of online non-downloadable computer aided design (CAD) software for general use; providing temporary use of online non-downloadable computer aided manufacturing (CAM) software for machine control and general use
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


Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority based upon a foreign application. 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, 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 or services that meet the certification standards of the applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Jamaica application number 82641 filed 02/09/2021]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant has another basis for registration (Section 1(a) or Section 1(b)) and does NOT intend to rely on Section 44(e) as the basis for registration, but is only asserting a valid claim of priority.

ADDITIONAL STATEMENTS
Description of mark
The mark consists of the stylized wording "AUTODESK" positioned to the right of an abstract stylized letter "A." The colors black and white represent background, outlining, shading, and transparent areas and are not claimed as features of the mark.

Miscellaneous Statement
Applicant is concurrently filing an Allegation of Use.

Correspondence Information (current):
      DAVID M. KELLY
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jodi.harpster@kelly-ip.com

The docket/reference number is 114.0314.
Correspondence Information (proposed):
      David M. Kelly
      PRIMARY EMAIL FOR CORRESPONDENCE: docketing@kelly-ip.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jodi.harpster@kelly-ip.com; tanya.curcio@kelly-ip.com

The docket/reference number is 114.0314.

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)
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: /jdj/      Date: 06/13/2022
Signatory's Name: Jennifer Daehler Jones
Signatory's Position: Director & Senior Intellectual Property Counsel
Signatory's Phone Number: Please Correspond with Attorney of Record

Signature method: Sent to third party for signature

Response Signature
Signature: /tmc/     Date: 06/14/2022
Signatory's Name: Tanya Marie Curcio
Signatory's Position: Counsel, Kelly IP LLP, New York Bar Member
Signature method: Sent to third party for signature

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:    DAVID M. KELLY
   KELLY IP, LLP
   
   1300 19TH STREET, NW, SUITE 300
   WASHINGTON, District of Columbia 20036
Mailing Address:    David M. Kelly
   KELLY IP, LLP
   1300 19TH STREET, NW, SUITE 300
   WASHINGTON, District of Columbia 20036
        
Serial Number: 90858708
Internet Transmission Date: Wed Jun 15 08:53:06 ET 2022
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20220615085306320
068-90858708-800b02874c925dafbe9a6366551
8ea428369883664741d84f9117df81bd40e82e8f
-N/A-N/A-20220607151758253016