TEAS Request Reconsideration after FOA

PTO Form 1960 (Rev 9/2007)

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

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PTO Form 1960 (Rev 9/2007)

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

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 85894588 GLANCE(Standard Characters, see http://uspto.report/TM/85894588/mark.png) 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 Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services used in tracking, measuring and displaying physiologic parameters, not for medical use; Computer hardware and software that provides web-based access to applications and services through a web operating system, or portal interface for the purpose of personal health and wellness monitoring
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: Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition; Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data in the nature of personal information, activity data and levels, distance, altitude, speed, steps taken, diet, food consumption, schedules, calendars, traffic, weather, and temperature and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services used in tracking, measuring and displaying physiologic parameters, not for medical use; Computer hardware and software that provides web-based access to applications and services through a web operating system, or portal interface for the purpose of personal health and wellness monitoringClass 009 for Electronic devices for measuring, monitoring, reporting, and analysis of telemetry data in the nature of personal information, activity data and levels, distance, altitude, speed, steps taken, diet, food consumption, schedules, calendars, traffic, weather, and temperature and computer hardware and software for measuring, monitoring, reporting, and analysis of telemetry data for use in the field of health, wellness and nutrition; electronic sensors and delivery mechanism in the nature of an interactive display with supporting connected services used in tracking, measuring and displaying physiologic parameters, not for medical use; Computer hardware and software that provides web-based access to applications and services through a web operating system, or portal interface for the purpose of personal health and wellness monitoring
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 010 for Electronic devices, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes, for use in the field of health, wellness and nutrition; Health monitoring devices, wearable electronic devices for measuring, monitoring and reporting telemetry data relating heart rate, blood pressure, oxygen consumption, energy consumption and expenditure, stress levels, distances traveled, and other biometric criteria, and reporting results via an interactive display with supporting connected services; Medical apparatus and instruments for use in monitoring and reporting heart, respiratory and metabolic functions; Electronic sensors for tracking, measuring and displaying physiologic parameters, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person wearing or carrying the device for medical and wellness use
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: Electronic devices, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes, for use in the field of health, wellness and nutrition; Electronic devices, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes for monitoring and measuring heart rate, blood pressure, perspiration, temperature, oxygen consumption, energy consumption, calories burned, energy expenditure, stress levels, activity levels, food consumption, steps taken, and distances traveled for medical use specifically in the field of health, wellness and nutrition; Health monitoring devices, wearable electronic devices for measuring, monitoring and reporting telemetry data relating heart rate, blood pressure, oxygen consumption, energy consumption and expenditure, stress levels, distances traveled, and other biometric criteria, and reporting results via an interactive display with supporting connected services; Medical apparatus and instruments for use in monitoring and reporting heart, respiratory and metabolic functions; Electronic sensors for tracking, measuring and displaying physiologic parameters, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person wearing or carrying the device for medical and wellness useClass 010 for Electronic devices, namely, electronic monitoring and measurement sensors incorporated or embedded into wristbands, scales, rings, earrings, bracelets, ankle-bands, necklaces, cuff-bands, neck-bands, headbands, eyeglasses, footwear, fabrics, textiles, clothes for monitoring and measuring heart rate, blood pressure, perspiration, temperature, oxygen consumption, energy consumption, calories burned, energy expenditure, stress levels, activity levels, food consumption, steps taken, and distances traveled for medical use specifically in the field of health, wellness and nutrition; Health monitoring devices, wearable electronic devices for measuring, monitoring and reporting telemetry data relating heart rate, blood pressure, oxygen consumption, energy consumption and expenditure, stress levels, distances traveled, and other biometric criteria, and reporting results via an interactive display with supporting connected services; Medical apparatus and instruments for use in monitoring and reporting heart, respiratory and metabolic functions; Electronic sensors for tracking, measuring and displaying physiologic parameters, namely biofeedback sensors for monitoring physical properties and events, sensors to gather human biometric data, sensors to monitor the physical movements and conditions of the person wearing or carrying the device for medical and wellness use
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.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /PMWreid/     Date: 04/03/2014
Signatory's Name: Pamela M.W. Reid
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 650-988-8500

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 85894588
Internet Transmission Date: Thu Apr 03 18:49:58 EDT 2014
TEAS Stamp: USPTO/RFR-XX.XXX.XXX.XXX-201404031849582
65855-85894588-500adca44130b6bc37a241f37
6486cd9642222082e9ab4d5998db39c84893c239
-N/A-N/A-20140403183505181405