Response to Office Action

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 09/20/2020)

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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 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 79268782 HELP(Standard Characters, see http://uspto.report/TM/79268782/mark.png) has been amended as follows:

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

The Examining Attorney has refused registration based on a perceived likelihood of confusion with U.S. Registration No. 1392102 and a potential likelihood of confusion with U.S. Application Serial Nos. 88100926, 88100946, 88100963, and 88298532 (together, the "Cited Marks"). With this response, Applicant has made clarifications and limitations to its identification of goods in Classes 9 and 11 which are sufficient to obviate any likelihood of confusion with the Cited Marks. As such, Applicant respectfully requests the refusals under Section 2(d) be lifted and the Application approved for publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 009 for Electric power supply units; computer software and telecommunications apparatus, including modems, to enable connection to databases, computer networks, global computer networks and the internet; internal modems
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Electric power supply units; Electric power supply units, namely, electrical power supplies, uninterruptable electrical power supplies, power supplies for lights, sirens and public address systems, and telecommunication apparatus; computer software and telecommunications apparatus, including modems, to enable connection to databases, computer networks, global computer networks and the internet; downloadable computer software and telecommunications apparatus, namely, telephones, telecommunication transmitters, radio frequency transmitters, radio frequency receivers and radio frequency gateways, connected telecommunication sensors for measuring and reporting temperature, humidity, movement, air quality and carbon monoxide via a computer network; internal modems; modems, to enable connection to databases, computer networks, global computer networks and the internet; internal modems being parts of smoke alarms, fire sprinklersClass 009 for Electric power supply units, namely, electrical power supplies, uninterruptable electrical power supplies, power supplies for lights, sirens and public address systems, and telecommunication apparatus; downloadable computer software and telecommunications apparatus, namely, telephones, telecommunication transmitters, radio frequency transmitters, radio frequency receivers and radio frequency gateways, connected telecommunication sensors for measuring and reporting temperature, humidity, movement, air quality and carbon monoxide via a computer network; modems, to enable connection to databases, computer networks, global computer networks and the internet; internal modems being parts of smoke alarms, fire sprinklers;

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

Applicant proposes to amend the following:

Current:
Class 011 for Led lighting apparatus; environmental control apparatus and installations for lighting purposes; indoor lighting fittings; indoor lighting fixtures; outdoor lighting fittings; outdoor lighting fixtures
Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.


Proposed:

Tracked Text Description: Led lighting apparatus; Led lighting apparatus being led lighting installations; environmental control apparatus and installations for lighting purposes; environmental control apparatus namely, environmental control systems for buildings and installations for lighting purposes; indoor lighting fittings; indoor lighting fixtures; outdoor lighting fittings; outdoor lighting fixturesClass 011 for Led lighting apparatus being led lighting installations; environmental control apparatus namely, environmental control systems for buildings and installations for lighting purposes; indoor lighting fittings; indoor lighting fixtures; outdoor lighting fittings; outdoor lighting fixtures

Filing Basis Section 66(a) , Request for Extension of Protection to the United States. Section 66(a) of the Trademark Act, 15 U.S.C. §1141f.

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: TREAS TECH LIMITED a(n) Limited Company legally organized under the laws of New Zealand
Proposed: TREAS TECH LIMITED, Limited Company legally organized under the laws of New Zealand
      Email Address: XXXX

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
HELP appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Miscellaneous Statement
The term HELP appearing in the mark is not an acronym.


The owner's/holder's proposed attorney information: Jeffrey D. Larson. Other appointed attorneys are Scott S. Havlick, Timothy P. Getzoff, Andrea Anderson, Ester Martin, H. Matthew Horlacher, Larry H. Tronco, Hope Hamilton, Kazuyo Morita, Madelon Lapidus, Amanda Marston, Catherine C. Miller, Amy Tindell, Dardoh Skinner, Lian Ernette, Rachel Carnaggio and all other attorneys at Holland & Hart LLP.. Recognized Canadian attorney(s)/agent(s) is/are Jeffrey D. Larson. Jeffrey D. Larson of Holland & Hart, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      Attn: Trademark Docketing
      P.O. Box 8749, TM Docketing
      Denver, Colorado 80201
      United States
is appointed to submit this Response to Office Action Form on behalf of the applicant.
The docket/reference number is 108683.0001.
      The phone number is 303-295-8000.
      The email address is docket@hollandhart.com

Jeffrey D. Larson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      TREAS TECH LIMITED
Correspondence Information (proposed):
      Jeffrey D. Larson
      PRIMARY EMAIL FOR CORRESPONDENCE: docket@hollandhart.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): jdlarson@hollandhart.com; atticus.trademark.nobill@hollandhart.com

The docket/reference number is 108683.0001.

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: /Jeffrey D. Larson/     Date: 07/07/2020
Signatory's Name: Jeffrey D. Larson
Signatory's Position: Attorney of Record (CO Bar Member, Holland & Hart)

Signatory's Phone Number: 303-245-2094

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:    TREAS TECH LIMITED
   
   Epsom
   486 Manukau Road,
   Auckland 1023,
Mailing Address:    Jeffrey D. Larson
   Holland & Hart
   Attn: Trademark Docketing
   P.O. Box 8749, TM Docketing
   Denver, Colorado 80201
        
Serial Number: 79268782
Internet Transmission Date: Tue Jul 07 10:19:57 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2020070710195798
5441-79268782-710b347fa435614d64d7579af9
47b6fd749abcbd45e47cceda7364851b2c1a98d-
N/A-N/A-20200707095815186502