PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
Input Field |
Entered |
SERIAL NUMBER | 77011743 |
LAW OFFICE ASSIGNED | LAW OFFICE 117 |
MARK SECTION (no change) | |
ARGUMENT(S) | |
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Applicant: Garmin Ltd. Serial No.: 77011743 Law Office: 117 Filed: October 2, 2006 Examiner: Amos T. Matthews, Esq. Mark: GARMIN
Commissioner for Trademarks P.O. Box 1451 Alexandria, VA 22313-1451
Amendment and Response to Office Action
Dear Sir: Applicant is in receipt of the Office Action of December 9, 2006, and acknowledges the same. Amendments 1. Please amend the identification of goods to the following: - - Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface devices, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; computer software, namely an application allowing enhanced satellite acquisition, sold as a component part of a global positioning system (GPS); Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner, in International Class 9 - - ;
- - Electronic exercise monitors; electronic exercise monitors featuring a GPS receiver and heart monitor, in International Class 10 - -;
- - Clothing, namely shirts, hats and caps, in International Class 25 - -;
- - Dealership services in the fields of communications, navigation and avionics equipment; Value-added reseller distributorship and wholesale distributorship services in the fields of avionics, communications and navigation, in International Class 35 - -;
- - Transmission of a global positioning system user's location to others via telecommunication and global communication networks, in International Class 38 - -;
- - Providing mapping, navigation, traffic and point-of-interest information via telecommunication networks, cellular telephones and wireless navigation devices, in International Class 39 - -;
- - Providing weather information via telecommunication networks, cellular telephones and wireless navigation devices, in International Class 42 - -;
Response The amendments to the goods noted above are consistent with the amendments suggested by the Examining Attorney, and Applicant believes that they are in
compliance with the Manual of Acceptable Identification of Goods and Services. The Examining Attorney required the Applicant to rewrite the identification of goods
in its entirety; however, Applicant notes that the only changes were to the identification of goods in International Classes 09 and 35. Specifically, the wording
“global positioning systems comprised of computers, transmitters, network interface, GPS receivers, antennas, and a LCD display” was amended to “global positioning systems comprised of computers,
transmitters, network interface devices, GPS receivers, antennas, and a LCD display” and the wording “feature of a global positioning system (GPS) to allow enhanced satellite
acquisition, sold as a component part of the global positioning system” was amended to “computer software, namely an application Applicant is the owner of U.S. Registration Nos. 2,288,989, 2,949,731 and 3,107,462. Wherefore, Applicant respectfully requests that the application, as amended, be approved for publication on the Principal Register. Applicant does not believe that any fee is due with this Response. If such fee is due, the Examining Attorney is authorized to debit the amount from Deposit Account No. 501791. Respectfully submitted,
/David V. Ayres/
Garmin Ltd. (Applicant) Attorney (913) 440-2386 Date: 06/08/2007
|
|
GOODS AND/OR SERVICES SECTION (009)(current) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; Feature of a global positioning system (GPS) to allow enhanced satellite acquisition, sold as a component part of the global positioning system; Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) | |
INTERNATIONAL CLASS | 009 |
DESCRIPTION | |
Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface devices, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; computer software, namely an application allowing enhanced satellite acquisition, sold as a component part of a global positioning system (GPS); Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner | |
FILING BASIS | Section 1(b) |
GOODS AND/OR SERVICES SECTION (010)(no change) | |
GOODS AND/OR SERVICES SECTION (025)(no change) | |
GOODS AND/OR SERVICES SECTION (035)(current) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Dealership services in the fields of communications, navigation and avionics equipment; Reseller distributorship and wholesale distributorship services in the fields of avionics, communications and navigation | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 04/10/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 04/10/2003 |
GOODS AND/OR SERVICES SECTION (035)(proposed) | |
INTERNATIONAL CLASS | 035 |
DESCRIPTION | |
Dealership services in the fields of communications, navigation and avionics equipment; Value-added reseller distributorship and wholesale distributorship services in the fields of avionics, communications and navigation | |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 04/10/2003 |
FIRST USE IN COMMERCE DATE | At least as early as 04/10/2003 |
GOODS AND/OR SERVICES SECTION (038)(no change) | |
GOODS AND/OR SERVICES SECTION (039)(no change) | |
GOODS AND/OR SERVICES SECTION (042)(no change) | |
ADDITIONAL STATEMENTS SECTION | |
PRIOR REGISTRATION(S) | "Applicant claims ownership of U.S. Registration Number(s) 2288989, 2949731, 3107462." |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /David V. Ayres/ |
SIGNATORY'S NAME | David V. Ayres |
SIGNATORY'S POSITION | Attorney |
DATE SIGNED | 06/08/2007 |
RESPONSE SIGNATURE | /David V. Ayres/ |
SIGNATORY'S NAME | David V. Ayres |
SIGNATORY'S POSITION | Attorney |
DATE SIGNED | 06/08/2007 |
AUTHORIZED SIGNATORY | YES |
FILING INFORMATION SECTION | |
SUBMIT DATE | Fri Jun 08 12:06:29 EDT 2007 |
TEAS STAMP | USPTO/ROA-XX.XX.XX.XX-200 70608120629542282-7701174 3-37067411b885799c3c9e317 a52c88b6c765-N/A-N/A-2007 0608114440735994 |
PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 04/2009) |
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: Garmin Ltd.
Serial No.: 77011743 Law Office: 117
Filed: October 2, 2006 Examiner: Amos T. Matthews, Esq.
Mark: GARMIN
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Amendment and Response to Office Action
Dear Sir:
Applicant is in receipt of the Office Action of December 9, 2006, and acknowledges the same.
Amendments
1. Please amend the identification of goods to the following:
- - Satellite Navigation Systems, namely, a global positioning system (GPS); Electronic navigational devices, namely, global positioning satellite (GPS) based navigation receivers; electronic depth sounders; portable communication devices, namely, radio transceivers and wireless telephones; pre-recorded CD-ROMs and cartridges featuring digital map data and software for facilitating use of GPS based navigation receivers, radio transceivers and wireless telephone; Global positioning systems comprised of computers, transmitters, network interface devices, GPS receivers, antennas, and a LCD display; Automobile navigation apparatus featuring GPS receivers, digital map displays and turn-by-turn instructions; electronic marine navigation products, namely, chart plotters and sonar depth sounders; avionics, namely, portable and panel mounted electronic navigation instruments for assisting a pilot in navigating an aircraft, primary flight displays and multi-function flight displays; GPS receivers; portable GPS devices, namely, electronic instruments for determining and outputting position and speed; marine electronic apparatus, namely, marine sonar fish finders; electronic chart plotters; wireless communications radios; wireless communications radios featuring a GPS receiver; personal digital assistants featuring a GPS receiver and electronic maps; satellite radio receivers; electronic navigation devices, namely, GPS receivers having an electronic compass; electronic navigation devices namely, GPS receivers having an altimeter; electronic storage media, namely, CD-ROMs, DVDs, discs and cards containing map data; and navigation software for calculating and displaying route; Avionics, communications, navigational and vehicle monitoring equipment, namely, radio, navigational and global positioning system receivers; data radio communications transceivers, data processors and data processing consoles; Theft deterrent software sold as a component of global positioning system (GPS) unit; Computer software to enable the transmission of mapping, navigation, traffic, weather and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; Computer software for the marking and uploading of information about places of interest to a global positioning system, and retrieval of this information via audio transmission and visual display, sold as a component of a global positioning system unit; Computer software for inputting, storing, processing or outputting personal exercise or fitness information; Portable personal navigation devices; portable personal navigation devices featuring travel guide features, language translation features, dictionary features and audible book-player features; Wireless two-way radios; and electronic handheld devices, namely, a combination two-way radio and GPS receiver; computer software, namely an application allowing enhanced satellite acquisition, sold as a component part of a global positioning system (GPS); Motorcycle navigation system featuring GPS receiver, digital map displays and turn-by-turn instructions; Handheld global positioning system (GPS) consisting of computers, computer software, transmitters, receivers and network interface devices; FM band radio receivers; Electric cables; Battery packs; Antennas; Protective carrying cases for GPS units; and electronic pet products, namely a global positioning system used to locate pets, consisting of a GPS receiver and a transmitter worn by the pet that transmits to a receiver held by the pet owner, in International Class 9 - - ;
- - Electronic exercise monitors; electronic exercise monitors featuring a GPS receiver and heart monitor, in International Class 10 - -;
- - Clothing, namely shirts, hats and caps, in International Class 25 - -;
- - Dealership services in the fields of communications, navigation and avionics equipment; Value-added reseller distributorship and wholesale distributorship services in the fields of avionics, communications and navigation, in International Class 35 - -;
- - Transmission of a global positioning system user's location to others via telecommunication and global communication networks, in International Class 38 - -;
- - Providing mapping, navigation, traffic and point-of-interest information via telecommunication networks, cellular telephones and wireless navigation devices, in International Class 39 - -;
- - Providing weather information via telecommunication networks, cellular telephones and wireless navigation devices, in International Class 42 - -;
Response
The amendments to the goods noted above are consistent with the amendments suggested by the Examining Attorney, and Applicant believes that they are in
compliance with the Manual of Acceptable Identification of Goods and Services. The Examining Attorney required the Applicant to rewrite the identification of goods
in its entirety; however, Applicant notes that the only changes were to the identification of goods in International Classes 09 and 35. Specifically, the wording
“global positioning systems comprised of computers, transmitters, network interface, GPS receivers, antennas, and a LCD display” was amended to “global positioning systems comprised of computers,
transmitters, network interface devices, GPS receivers, antennas, and a LCD display” and the wording “feature of a global positioning system (GPS) to allow enhanced satellite
acquisition, sold as a component part of the global positioning system” was amended to “computer software, namely an application feature of a global positioning system (GPS)
to allowing enhanced satellite acquisition, sold as a component part of a the global positioning system (GPS)” in the
wording in International Class 09. The wording “reseller distributorship and wholesale distributorship services in the field of avionics, communications and
navigation” was amended to “Value-added reseller distributorship and wholesale distributorship services in the field of avionics, communications and
navigation” in the wording in International Class 35. The remaining wording, including the identification of goods in International Classes 10, 25, 38, 39, and 42
were indicated as acceptable by the Examining Attorney and therefore have not been amended.
Applicant is the owner of U.S. Registration Nos. 2,288,989, 2,949,731 and 3,107,462.
Wherefore, Applicant respectfully requests that the application, as amended, be approved for publication on the Principal Register. Applicant does not believe that any fee is due with this Response. If such fee is due, the Examining Attorney is authorized to debit the amount from Deposit Account No. 501791.
Respectfully submitted,
/David V. Ayres/
Garmin Ltd. (Applicant)
Attorney
(913) 440-2386
Date: 06/08/2007