Response to Office Action

OTTO

New Foundation Labs, Inc.

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

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 90098659
LAW OFFICE ASSIGNED LAW OFFICE 122
MARK SECTION
MARK mark
LITERAL ELEMENT OTTO
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
ARGUMENT(S)
Applicant notes the Examiner's citation of allowed Application No. 87870375 and respectfully reserves its substantive response to the same. Applicant further requests suspension of its application pending further action on the cited filing. Sincerely, Anne Peck, Counsel for Applicant
GOODS AND/OR SERVICES SECTION (009) (no change)
GOODS AND/OR SERVICES SECTION (041)(class deleted)
GOODS AND/OR SERVICES SECTION (042) (class added)Original Class (041)
INTERNATIONAL CLASS 042
DESCRIPTION
Platform as a service (PaaS) featuring a computer software platform for bill tracking and payment; software as a service (Saas) services featuring software for bill tracking and payment
        WEBPAGE URL None Provided
        WEBPAGE DATE OF ACCESS None Provided
FILING BASIS Section 1(b)
CORRESPONDENCE INFORMATION (current)
NAME ANNE H. PECK
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@cooley.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) apeck@cooley.com; kharrington@cooley.com; eyu@cooley.com; eortiz@cooley.com
CORRESPONDENCE INFORMATION (proposed)
NAME Anne H. Peck
PRIMARY EMAIL ADDRESS FOR CORRESPONDENCE trademarks@cooley.com
SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES) apeck@cooley.com; kharrington@cooley.com; eyu@cooley.com; eortiz@cooley.com
SIGNATURE SECTION
RESPONSE SIGNATURE /anne h. peck/
SIGNATORY'S NAME Anne H. Peck
SIGNATORY'S POSITION Attorney of record, California bar member
SIGNATORY'S PHONE NUMBER 650 843-5096
DATE SIGNED 05/19/2021
ROLE OF AUTHORIZED SIGNATORY Authorized U.S.-Licensed Attorney
SIGNATURE METHOD Signed directly within the form
FILING INFORMATION SECTION
SUBMIT DATE Wed May 19 19:01:16 ET 2021
TEAS STAMP USPTO/ROA-XX.XXX.XXX.XX-2
0210519190116389823-90098
659-780c69c7f8776dd58fb16
ebefed5e731d2f1fcd53f6019
ea1cd8a3e0bf254f9e69-N/A-
N/A-20210519185201821727



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. 90098659 OTTO(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/90098659/large) has been amended as follows:

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

Applicant notes the Examiner's citation of allowed Application No. 87870375 and respectfully reserves its substantive response to the same. Applicant further requests suspension of its application pending further action on the cited filing. Sincerely, Anne Peck, Counsel for Applicant

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant hereby deletes the following class of goods/services from the application.
Class 041 for Platform as a service (PaaS) services and software as a service (Saas) services all of the foregoing featuring software for use in bill tracking and payment

Applicant hereby adds the following class of goods/services to the application:
New: Class 042 (Original Class: 041 ) for Platform as a service (PaaS) featuring a computer software platform for bill tracking and payment; software as a service (Saas) services featuring software for bill tracking and payment
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):
      ANNE H. PECK
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apeck@cooley.com; kharrington@cooley.com; eyu@cooley.com; eortiz@cooley.com
Correspondence Information (proposed):
      Anne H. Peck
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@cooley.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): apeck@cooley.com; kharrington@cooley.com; eyu@cooley.com; eortiz@cooley.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: /anne h. peck/     Date: 05/19/2021
Signatory's Name: Anne H. Peck
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650 843-5096 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:    ANNE H. PECK
   COOLEY LLP
   SUITE 700
   1299 PENNSYLVANIA AVENUE NW
   WASHINGTON, District of Columbia 20004
Mailing Address:    Anne H. Peck
   COOLEY LLP
   SUITE 700
   1299 PENNSYLVANIA AVENUE NW
   WASHINGTON, District of Columbia 20004
        
Serial Number: 90098659
Internet Transmission Date: Wed May 19 19:01:16 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2021051919011638
9823-90098659-780c69c7f8776dd58fb16ebefe
d5e731d2f1fcd53f6019ea1cd8a3e0bf254f9e69
-N/A-N/A-20210519185201821727



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