Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER76718791
LAW OFFICE ASSIGNEDLAW OFFICE 102
MARK SECTION
MARK FILE NAME http://tmng-al.uspto.gov/resting2/api/img/76718791/large
LITERAL ELEMENT CH PLUS
STANDARD CHARACTERS NO
USPTO-GENERATED IMAGE NO
COLOR(S) CLAIMED
(If applicable)		The color(s) ORANGE, RED, GREEN, WHITE, GRAY is/are claimed as a feature of the mark.
DESCRIPTION OF THE MARK
(and Color Location, if applicable) 		The mark consists of the word CH in white with a white triangle above and below the wording, the CH and triangles are all within an orange square with rounded edges, the square overlaps a red square with rounded edges and a green square beneath the red with rounded edges, orange sound waves are next to the upper right corner of the orange square and PLUS in gray is to the?right of CH.
GOODS AND/OR SERVICES SECTION (current)
INTERNATIONAL CLASS009
DESCRIPTION
Television receivers; Smart TV; Software for TV (application); Software for smart TV (application); Computer application software; Display for mobile phone; Display for TV; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus; Audio components; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments; Wearable portable media players; Cases for mobile phones; Rest for mobile phones
FILING BASISSection 1(b)
FILING BASISSection 44(d)
        FOREIGN APPLICATION NUMBER 40-2015-0091
       FOREIGN APPLICATION COUNTRYKorea, South
        FOREIGN FILING DATE 12/09/2015
GOODS AND/OR SERVICES SECTION (proposed)
INTERNATIONAL CLASS009
TRACKED TEXT DESCRIPTION
Television receivers; Smart TV; Software for TV (application); Software for TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Software for smart TV (application); Software for smart TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Computer application software; Computer application software for providing and controlling over-the-top content using the Internet or non-coax cable connection; Display for mobile phone; Display for mobile phone, namely, liquid crystal displays; Display for TV; Display for TV, namely, liquid crystal displays, plasma displays, light emitting diodes displays, organic light emitting diode displays; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus; Portable communications apparatus, namely, telephone handsets, walkie-talkies, satellite telephones and personal digital assistants; Audio components; Audio components, namely, surround sound speakers, loud speakers, tuners, sound mixers, equalizers, amplifiers, audio recorders, and radios; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments; Wearable electric audio and visual apparatus and instruments, namely, MP3 players, DVD players; Wearable portable media players; Cases for mobile phones; Rest for mobile phones; Rest for mobile phones, namely, stands adapted for mobile phones
FINAL DESCRIPTION
Television receivers; Smart TV; Software for TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Software for smart TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Computer application software for providing and controlling over-the-top content using the Internet or non-coax cable connection; Display for mobile phone, namely, liquid crystal displays; Display for TV, namely, liquid crystal displays, plasma displays, light emitting diodes displays, organic light emitting diode displays; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus, namely, telephone handsets, walkie-talkies, satellite telephones and personal digital assistants; Audio components, namely, surround sound speakers, loud speakers, tuners, sound mixers, equalizers, amplifiers, audio recorders, and radios; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments, namely, MP3 players, DVD players; Wearable portable media players; Cases for mobile phones; Rest for mobile phones, namely, stands adapted for mobile phones
FILING BASISSection 1(b)
FILING BASISSection 44(d)
       FOREIGN APPLICATION NUMBER40-2015-0091
       FOREIGN APPLICATION COUNTRYKorea, South
       FOREIGN FILING DATE12/09/2015
       INTENT TO
       PERFECT 44(d)
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS SECTION
DISCLAIMER No claim is made to the exclusive right to use CH apart from the mark as shown.
MISCELLANEOUS STATEMENT CLARIFICATION OF FILING BASIS: The Applicant responds that it intends to rely upon both the intent-to-use filing basis under Section 1(b), as well as the Section 44(d) priority basis. Applicant notes that the foreign registration has not yet issued, and will select either the Section 1(b) or Section 44(e) basis upon the completion of the prosecution of Korean priority application no. 40-2015-0091479.
SIGNATURE SECTION
RESPONSE SIGNATURE /Robert J. Kenney/
SIGNATORY'S NAME Robert J. Kenney
SIGNATORY'S POSITION Attorney of record, VA bar member
SIGNATORY'S PHONE NUMBER (703)205-8000
DATE SIGNED 05/27/2016
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Fri May 27 16:41:41 EDT 2016
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20160527164141935431-7671
8791-55084a16aeb8611e4e1e
9ffee8e574ed5e38db6104e28
474ae5a3384898cea55-N/A-N
/A-20160527162307657675


Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011)
OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 76718791 CH PLUS (Stylized and/or with Design, see http://tmng-al.uspto.gov/resting2/api/img/76718791/large) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Television receivers; Smart TV; Software for TV (application); Software for smart TV (application); Computer application software; Display for mobile phone; Display for TV; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus; Audio components; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments; Wearable portable media players; Cases for mobile phones; Rest for mobile phones
Original Filing Basis:
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.

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[ Korea, South application number 40-2015-0091 filed 12/09/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Television receivers; Smart TV; Software for TV (application); Software for TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Software for smart TV (application); Software for smart TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Computer application software; Computer application software for providing and controlling over-the-top content using the Internet or non-coax cable connection; Display for mobile phone; Display for mobile phone, namely, liquid crystal displays; Display for TV; Display for TV, namely, liquid crystal displays, plasma displays, light emitting diodes displays, organic light emitting diode displays; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus; Portable communications apparatus, namely, telephone handsets, walkie-talkies, satellite telephones and personal digital assistants; Audio components; Audio components, namely, surround sound speakers, loud speakers, tuners, sound mixers, equalizers, amplifiers, audio recorders, and radios; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments; Wearable electric audio and visual apparatus and instruments, namely, MP3 players, DVD players; Wearable portable media players; Cases for mobile phones; Rest for mobile phones; Rest for mobile phones, namely, stands adapted for mobile phones

Class 009 for Television receivers; Smart TV; Software for TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Software for smart TV, namely, for providing and controlling over-the-top content using the Internet or non-coax cable connection; Computer application software for providing and controlling over-the-top content using the Internet or non-coax cable connection; Display for mobile phone, namely, liquid crystal displays; Display for TV, namely, liquid crystal displays, plasma displays, light emitting diodes displays, organic light emitting diode displays; Headphones; Ear phones; Bluetooth headphones; Smart phones; Portable communications apparatus, namely, telephone handsets, walkie-talkies, satellite telephones and personal digital assistants; Audio components, namely, surround sound speakers, loud speakers, tuners, sound mixers, equalizers, amplifiers, audio recorders, and radios; Apparatus for the recording/transmission or reproduction of sound and images; Wearable mobile phones; Wearable smart phones; Wearable electric audio and visual apparatus and instruments, namely, MP3 players, DVD players; Wearable portable media players; Cases for mobile phones; Rest for mobile phones, namely, stands adapted for mobile phones
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.

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 [ Korea, South application number 40-2015-0091 filed 12/09/2015]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use CH apart from the mark as shown.


Miscellaneous Statement
CLARIFICATION OF FILING BASIS: The Applicant responds that it intends to rely upon both the intent-to-use filing basis under Section 1(b), as well as the Section 44(d) priority basis. Applicant notes that the foreign registration has not yet issued, and will select either the Section 1(b) or Section 44(e) basis upon the completion of the prosecution of Korean priority application no. 40-2015-0091479.


SIGNATURE(S)
Response Signature
Signature: /Robert J. Kenney/     Date: 05/27/2016
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of record, VA bar member

Signatory's Phone Number: (703)205-8000

The signatory has confirmed that he/she is an attorney who is a member in good standing of the bar of the highest court of a U.S. state, which includes the District of Columbia, Puerto Rico, and other federal territories and possessions; 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. attorney or a Canadian attorney/agent not currently associated with his/her company/firm previously represented the owner/holder in this matter: (1) the owner/holder has filed or is concurrently filing a signed revocation of or substitute power of attorney with the USPTO; (2) the USPTO has granted the request of the prior representative to withdraw; (3) the owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder's appointed U.S. attorney or Canadian attorney/agent has filed a power of attorney appointing him/her as an associate attorney in this matter.

        
Serial Number: 76718791
Internet Transmission Date: Fri May 27 16:41:41 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201605271641419
35431-76718791-55084a16aeb8611e4e1e9ffee
8e574ed5e38db6104e28474ae5a3384898cea55-
N/A-N/A-20160527162307657675