Response to Office Action

PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

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PTO Form 1957 (Rev 9/2005)

OMB No. 0651-0050 (Exp. 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 85549597 QFX(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85549597) 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 Battery chargers; cables; HDMI cables, universal power adaptors, USB cables; plugs; audio cassette adaptors; CD/DVD lens cleaners; USB charger; television antennaes; car televisions; speakers; PA speakers; subwoofers; tweeters; stereos; car stereos; radios; car radios; cassette players; CD players; AM/FM car radio; radios incorporating clocks; DVD players; analog television with DVD player; FM transmitters; gaming systems; gaming controllers; headphones; earphones; microphones; wireless microphones; portable audio devices namely MP3 players, MP4 players, personal radios, portable stereos; portable televisions; portable DVD players; power inverters; remote controls for televisions; RF modulators; electronic tablets; telephones; cellular telephones; landline telephones; televisions; digital televisions; LED televisions
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.

Proposed:
Tracked Text Description: Battery chargers; cables; cables, electric; HDMI cables, universal power adaptors, USB cables; high definition multimedia interface cables; plugs; universal power adaptors, USB cables; audio cassette adaptors; electrical adaptor plugs; CD/DVD lens cleaners; power supply adaptors for use with audio cassettes; USB charger; USB chargers; television antennaes; television antennas; car televisions; speakers; audio speakers; PA speakers; public address (PA) and sound system accessories, namely, audio speakers; subwoofers; tweeters; stereos; personal stereos; car stereos; audio equipment for cars, namely, stereos; radios; car radios; cassette players; CD players; AM/FM car radio; radios incorporating clocks; DVD players; analog television with DVD player; FM transmitters; FM radio transmitters; gaming systems; computer gaming software; gaming controllers; headphones; earphones; microphones; wireless microphones; portable audio devices, namely, MP3 players, MP4 players, personal radios, portable stereos; portable audio devices namely MP3 players, MP4 players, personal radios, portable stereos; portable televisions; portable DVD players; power inverters; remote controls for televisions; RF modulators; electronic PC tablets; electronic tablets; telephones; cellular telephones; landline telephones; televisions; digital televisions; LED televisionsClass 009 for Battery chargers; cables, electric; high definition multimedia interface cables; universal power adaptors, USB cables; electrical adaptor plugs; power supply adaptors for use with audio cassettes; USB chargers; television antennas; car televisions; audio speakers; public address (PA) and sound system accessories, namely, audio speakers; subwoofers; tweeters; personal stereos; audio equipment for cars, namely, stereos; radios; car radios; cassette players; CD players; AM/FM car radio; radios incorporating clocks; DVD players; analog television with DVD player; FM radio transmitters; computer gaming software; headphones; earphones; microphones; wireless microphones; portable audio devices, namely, MP3 players, MP4 players, personal radios, portable stereos; portable televisions; portable DVD players; power inverters; remote controls for televisions; RF modulators; electronic PC tablets; telephones; cellular telephones; landline telephones; televisions; digital televisions; LED televisions
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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 028 for Computer game consoles for use with an external display screen or monitor; games adapted for use with television receivers; hand-held units for playing electronic games for use with external display screen or monitor; hand held units for playing electronic games other than those adapted for use with an external display screen or monitor; hand held units for playing video games other than those adapted for use with an external display screen or monitor; hand-held electronic games adapted for use with television receivers only; hand-held games with liquid crystal displays; electronic games other than those adapted for use with television receivers only; game controllers for computer games
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: R & S Electronics Enterprises, DBA Club Electronics, a corporation of California, having an address of
      2050 E. 51st St.
      Vernon, California 90058
      United States

Proposed: QFX, Inc., DBA QFX, a corporation of California, having an address of
      2050 E. 51st St.
      Vernon, California 90058
      United States

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
QFX appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.


FEE(S)
Fee(s) in the amount of $325 is being submitted.

SIGNATURE(S)
Declaration Signature
If the applicant is seeking registration under Section 1(b) and/or Section 44 of the Trademark Act, the applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. 37 C.F.R. Secs. 2.34(a)(2)(i); 2.34 (a)(3)(i); and 2.34(a)(4)(ii); and/or the applicant has had a bona fide intention to exercise legitimate control over the use of the mark in commerce by its members. 37 C.F. R. Sec. 2.44. If the applicant is seeking registration under Section 1(a) of the Trademark Act, the mark was in use in commerce on or in connection with the goods and/or services listed in the application as of the application filing date or as of the date of any submitted allegation of use. 37 C.F.R. Secs. 2.34(a)(1)(i); and/or the applicant has exercised legitimate control over the use of the mark in commerce by its members. 37 C.F.R. Sec. 2.44. The undersigned, being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. Section 1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he/she is properly authorized to execute this application on behalf of the applicant; he/she believes the applicant to be the owner of the trademark/service mark sought to be registered, or, if the application is being filed under 15 U.S.C. Section 1051(b), he/she believes applicant to be entitled to use such mark in commerce; to the best of his/her knowledge and belief no other person, firm, corporation, or association has the right to use the mark in commerce, either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion, or to cause mistake, or to deceive; that if the original application was submitted unsigned, that all statements in the original application and this submission made of the declaration signer's knowledge are true; and all statements in the original application and this submission made on information and belief are believed to be true.

Signature: /Sharon Raminfard/      Date: 06/15/2012
Signatory's Name: Sharon Raminfard, Esq.
Signatory's Position: Attorney of Record, California State Bar Member

Response Signature
Signature: /Sharon Raminfard/     Date: 06/15/2012
Signatory's Name: Sharon Raminfard, Esq.
Signatory's Position: Attorney of Record, California State Bar Member

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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.

        
RAM Sale Number: 7110
RAM Accounting Date: 06/18/2012
        
Serial Number: 85549597
Internet Transmission Date: Fri Jun 15 19:59:48 EDT 2012
TEAS Stamp: USPTO/ROA-XX.XX.XX.XXX-20120615195948305
722-85549597-4909bdd4dca668420592cce9bd4
7949f1-CC-7110-20120615193036005565