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. 85892190 ASUS (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85892190) 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 Computers; Tablet computer; Computer hardware; Computer peripheral devices; Interfaces for computers; Power wires; wireless HDMI converters; wireless high-definition multimedia interface transmitters and receivers for audio, data, video or image transmission; Electric cables and wires; Electric connectors; set-top boxes; Tablet computer connection cables; Tablet computer serial ports; Tablet computer parallel ports; Electronic card readers; USB hubs; Blank USB flash drives; Carrying cases and bags for laptop computers; Cell phone straps; Carrying cases and bags for tablet computer; Earphones; Head-clip cell phone holders ; Protective covers and cases for cell phones; Cabinets for loudspeakers; Personal stereos; Audio speakers; Televisions; Protective covers and cases for personal digital assistants (PDA); Carrying cases and bags for personal digital assistants (PDA); Eyeglasses; theatre glasses; Optical glasses; Portable telephones; Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; Satellite navigational system, namely, a global positioning system (GPS); Loudspeakers; Blank hard computer discs; Scanners (data processing equipment); Carrying cases and bags for notebook computers; Computer mice; Mouse pads (computer peripheral); Covers for photographic apparatus; Cases for photographic apparatus; Camera straps; Electronic pens; computer stylus; Silicon chips; Light emitting diodes (LEDs); Capacitors; Electric resistances; Electrical inductors; Transformers; Diodes; Uninterruptible electrical power supplies; Batteries; Wrist rests for use with computers; computer keyboard; computer speakers; Disk drives for computers; Flash memory card; Headphones
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: Computers; Tablet computer; Computer hardware; Computer peripheral devices; Interfaces for computers; Power wires; wireless HDMI converters; wireless high definition multimedia interface converters; wireless high-definition multimedia interface transmitters and receivers for audio, data, video or image transmission; Electric cables and wires; Electric connectors; set-top boxes; Tablet computer connection cables; Tablet computer serial ports; Tablet computer parallel ports; Electronic card readers; USB hubs; Blank USB flash drives; Carrying cases and bags for laptop computers; Cell phone straps; Carrying cases and bags for tablet computer; Earphones; Head-clip cell phone holders; Protective covers and cases for cell phones; Cabinets for loudspeakers; Personal stereos; Audio speakers; Televisions; Protective covers and cases for personal digital assistants (PDA); Carrying cases and bags for personal digital assistants (PDA); Eyeglasses; theatre glasses; Optical glasses; Portable telephones; Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; Satellite navigational system, namely, a global positioning system (GPS); Loudspeakers; Blank hard computer discs; Scanners (data processing equipment); Data processing equipment, namely, scanners; Carrying cases and bags for notebook computers; Computer mice; Mouse pads (computer peripheral); Covers for photographic apparatus; Cases for photographic apparatus; Camera straps; Electronic pens; computer stylus; Silicon chips; Light emitting diodes (LEDs); Capacitors; Electric resistances; Electrical inductors; Transformers; Diodes; Uninterruptible electrical power supplies; Batteries; Wrist rests for use with computers; computer keyboard; computer speakers; Disk drives for computers; Flash memory card; Headphones; Headphone.Class 009 for Computers; Tablet computer; Computer hardware; Computer peripheral devices; Interfaces for computers; Power wires; wireless high definition multimedia interface converters; wireless high-definition multimedia interface transmitters and receivers for audio, data, video or image transmission; Electric cables and wires; Electric connectors; set-top boxes; Tablet computer connection cables; Tablet computer serial ports; Tablet computer parallel ports; Electronic card readers; USB hubs; Blank USB flash drives; Carrying cases and bags for laptop computers; Cell phone straps; Carrying cases and bags for tablet computer; Earphones; Head-clip cell phone holders; Protective covers and cases for cell phones; Cabinets for loudspeakers; Personal stereos; Audio speakers; Televisions; Protective covers and cases for personal digital assistants (PDA); Carrying cases and bags for personal digital assistants (PDA); Eyeglasses; theatre glasses; Optical glasses; Portable telephones; Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; Satellite navigational system, namely, a global positioning system (GPS); Loudspeakers; Blank hard computer discs; Data processing equipment, namely, scanners; Carrying cases and bags for notebook computers; Computer mice; Mouse pads (computer peripheral); Covers for photographic apparatus; Cases for photographic apparatus; Camera straps; Electronic pens; computer stylus; Silicon chips; Light emitting diodes (LEDs); Capacitors; Electric resistances; Electrical inductors; Transformers; Diodes; Uninterruptible electrical power supplies; Batteries; Wrist rests for use with computers; computer keyboard; computer speakers; Disk drives for computers; Flash memory card; Headphone.
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 proposes to amend the following class of goods/services in the application:
Current: Class 018 for Backpacks; Bags for sports; Handbags; Trunks (luggage); Pocket wallets; Briefcases; Name card cases; Bags (envelopes, pouches) for packaging of leather; Reusable shopping bags; Umbrellas; Leather, unworked or semi-worked
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: Backpacks; Bags for sports; Handbags; Trunks (luggage); Trunks, namely, luggage; Pocket wallets; Briefcases; Name card cases; Bags (envelopes, pouches) for packaging of leather; Bags, envelopes, and pouches for packaging of leather; Reusable shopping bags; Umbrellas; Leather, unworked or semi-worked; Leather, unworked or semi-worked.Class 018 for Backpacks; Bags for sports; Handbags; Trunks, namely, luggage; Pocket wallets; Briefcases; Name card cases; Bags, envelopes, and pouches for packaging of leather; Reusable shopping bags; Umbrellas; Leather, unworked or semi-worked.
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.

ADDITIONAL STATEMENTS
Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 1894985, 2376858, 3379287, and others.


Miscellaneous Statement
The applicant claims ownership of U.S. Registration Numbers 1894985; 2376858; 3379287; 3370930; 4284749; and 4238336.


SIGNATURE(S)
Response Signature
Signature: /Tim Tingkang Xia/     Date: 10/03/2013
Signatory's Name: Tim Tingkang Xia
Signatory's Position: Attorney of Record, GA Bar Member

Signatory's Phone Number: 404-504-7786

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.

        
Serial Number: 85892190
Internet Transmission Date: Thu Oct 03 18:23:46 EDT 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XXX-20131003182346
408935-85892190-50014fad877205f832e8635d
4c450e3163756e1536031ec9a77e82f250fa3490
89-N/A-N/A-20131003175645204960