PTO Form 1957 (Rev 9/2005) |
OMB No. 0651-0050 (Exp. 07/31/2017) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
85966360 |
LAW OFFICE ASSIGNED |
LAW OFFICE 105 |
MARK SECTION |
MARK |
http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85966360 |
LITERAL ELEMENT |
INSITE |
STANDARD CHARACTERS |
YES |
USPTO-GENERATED IMAGE |
YES |
MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Asset monitoring system and digital productivity tools suite, comprising of electronic transmitters, receivers, circuitry,
microprocessors, software and web and mobile applications, all for use in and incorporation into mobile construction machines |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Asset monitoring system and digital productivity tools suite, comprising of electronic transmitters,
receivers, circuitry, microprocessors, software and web and mobile applications, all for use in and incorporation into mobile construction machines; Asset
monitoring system, comprised of telematics control unit, antenna, connection to machine controller and web interface, and digital productivity tools suite comprising electronic transmitters,
receivers, circuitry, microprocessors, and software and downloadable mobile software applications for machine global position, fuel utilization, engine on or off, machine hours of usage, alert
indicators, fault codes, all for use in and incorporation into mobile construction machines |
FINAL DESCRIPTION |
Asset monitoring system, comprised of telematics control unit, antenna, connection to machine controller and web interface, and digital
productivity tools suite comprising electronic transmitters, receivers, circuitry, microprocessors, and software and downloadable mobile software applications for machine global position, fuel
utilization, engine on or off, machine hours of usage, alert indicators, fault codes, all for use in and incorporation into mobile construction machines |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(current) |
INTERNATIONAL CLASS |
035 |
DESCRIPTION |
Providing earth moving machines operational data services, namely data for machine service and management, through components
integrated into earth moving machines, namely electronic transmitters, receivers, circuitry,microprocessors and software, interacting with global positioning system(s), cellular networks, wireless
internet and satellite technology connected with a customer service center |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (035)(proposed) |
INTERNATIONAL CLASS |
035 |
TRACKED TEXT DESCRIPTION |
Providing earth moving machines operational data services, namely data for machine service and
management, through components integrated into earth moving machines, namely electronic transmitters, receivers, circuitry,microprocessors and software, interacting with global positioning system(s),
cellular networks, wireless internet and satellite technology connected with a customer service center; Providing earth moving machines operational data services,
namely, data for machine global position, fuel utilization, engine on or off, machine hours of usage, alert indicators, fault codes for machine service and management, through components integrated
into earth moving machines, namely telematics control unit, antenna, connection to machine controller, electronic transmitters, receivers, circuitry, microprocessors and software, interacting with
global positioning systems, cellular networks, wireless internet and satellite technology connected with a customer service center. |
FINAL DESCRIPTION |
Providing earth moving machines operational data services, namely, data for machine global position, fuel utilization, engine on or
off, machine hours of usage, alert indicators, fault codes for machine service and management, through components integrated into earth moving machines, namely telematics control unit, antenna,
connection to machine controller, electronic transmitters, receivers, circuitry, microprocessors and software, interacting with global positioning systems, cellular networks, wireless internet and
satellite technology connected with a customer service center. |
FILING BASIS |
Section 1(b) |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/ber/ |
SIGNATORY'S NAME |
Brent E. Routman |
SIGNATORY'S POSITION |
Attorney for Applicant |
SIGNATORY'S PHONE NUMBER |
612.336.4619 |
DATE SIGNED |
12/12/2013 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Dec 12 11:12:09 EST 2013 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20131212111209866718-8596
6360-500c63d345fd948ea427
f1de6ac033f6ad1e8c58a35ac
ca34746037aa5b2c1f93-N/A-
N/A-20131212110843077891 |
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.
85966360 INSITE(Standard Characters, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=85966360) 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 Asset monitoring system and digital productivity tools suite, comprising of electronic transmitters, receivers, circuitry, microprocessors, software and web and mobile
applications, all for use in and incorporation into mobile construction machines
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: Asset monitoring system and digital productivity tools suite, comprising of electronic transmitters, receivers, circuitry,
microprocessors, software and web and mobile applications, all for use in and incorporation into mobile construction machines;
Asset monitoring system, comprised
of telematics control unit, antenna, connection to machine controller and web interface, and digital productivity tools suite comprising electronic transmitters, receivers, circuitry,
microprocessors, and software and downloadable mobile software applications for machine global position, fuel utilization, engine on or off, machine hours of usage, alert indicators, fault codes, all
for use in and incorporation into mobile construction machinesClass 009 for Asset monitoring system, comprised of telematics control unit, antenna, connection to machine controller and web
interface, and digital productivity tools suite comprising electronic transmitters, receivers, circuitry, microprocessors, and software and downloadable mobile software applications for machine
global position, fuel utilization, engine on or off, machine hours of usage, alert indicators, fault codes, all for use in and incorporation into mobile construction machines
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 035 for Providing earth moving machines operational data services, namely data for machine service and management, through components integrated into earth moving machines,
namely electronic transmitters, receivers, circuitry,microprocessors and software, interacting with global positioning system(s), cellular networks, wireless internet and satellite technology
connected with a customer service center
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: Providing earth moving machines operational data services, namely data for machine service and management, through components
integrated into earth moving machines, namely electronic transmitters, receivers, circuitry,microprocessors and software, interacting with global positioning system(s), cellular networks, wireless
internet and satellite technology connected with a customer service center;
Providing earth moving machines operational data services, namely, data for machine
global position, fuel utilization, engine on or off, machine hours of usage, alert indicators, fault codes for machine service and management, through components integrated into earth moving
machines, namely telematics control unit, antenna, connection to machine controller, electronic transmitters, receivers, circuitry, microprocessors and software, interacting with global positioning
systems, cellular networks, wireless internet and satellite technology connected with a customer service center.Class 035 for Providing earth moving machines operational data services, namely,
data for machine global position, fuel utilization, engine on or off, machine hours of usage, alert indicators, fault codes for machine service and management, through components integrated into
earth moving machines, namely telematics control unit, antenna, connection to machine controller, electronic transmitters, receivers, circuitry, microprocessors and software, interacting with global
positioning systems, cellular networks, wireless internet and satellite technology connected with a customer service center.
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)
Response Signature
Signature: /ber/ Date: 12/12/2013
Signatory's Name: Brent E. Routman
Signatory's Position: Attorney for Applicant
Signatory's Phone Number: 612.336.4619
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: 85966360
Internet Transmission Date: Thu Dec 12 11:12:09 EST 2013
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201312121112098
66718-85966360-500c63d345fd948ea427f1de6
ac033f6ad1e8c58a35acca34746037aa5b2c1f93
-N/A-N/A-20131212110843077891