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. 86028255 FAB (Stylized and/or with Design, see http://tess2.gov.uspto.report/ImageAgent/ImageAgentProxy?getImage=86028255) 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 Bathroom scales; Bicycle helmets; Bicycle speedometers; Bicycles speedometers; Binoculars; Cable connectors; Calculators; Camera cases; Cameras; Cell phone cases; Cell phone covers; Computer bags; Computer cables; Computer docking stations; Computer heat sinks; Computer keyboards; Computer mouse; Digital photo frames; Dog whistles; Earphones; Ethernet cables; Headphones; Helmets for bicycles; Laptop carrying cases; Laptop computers; Laser pointers; Light pens; Measuring cups; Measuring spoons; Measuring tapes; Mousepads; Neon signs; Power adapters; Power cables; Protective carrying cases for portable music players; Stereo cables; USB cables; Wireless computer mice; Wireless indoor and outdoor speakers; Baby monitors; Backpacks especially adapted for holding laptops; Backpacks especially adapted for electronic items; bags adapted for electronic equipment; Bags adapted for laptops; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Bags for cameras and photographic equipment; Bags for cameras; Binders for CDs; Binoculars; Briefcases specially adapted for holding laptop computers; Calculators; Call bells; Camcorders; Camera cases; Cameras; Carrying cases and containers for contact lenses; Carrying cases for cell phones; Carrying cases for mobile computers; Cases for contact lenses; Cases for electronic diaries; Cases for mobile phones; cases for music players; Cases for telephones; CD cases; CD sleeves; CD storage racks; Cell phone cases; Cell phone covers; Cell phone faceplates; Cell phone straps; Cell phones; Computer carrying cases; Computer game software; Computer joysticks; Decorative charms for cellular telephones; Decorative covers for satellite dishes; Decorative covers for smoke detectors; Decorative magnets; Decorative ornaments for cellular telephones; Decorative refrigerator magnets; Decorative switch plate covers; DVD cases; DVD sleeves; Disposable cameras; Diving equipment; Downloadable printing fonts; Downloadable ring tones and graphics for mobile phones; Downloadable ring tones for mobile phones; Downloadable books; E-books featuring stories recorded on computer media; Egg timers; Electric buzzers; Electric door bells; Electric door chimes; Electric light dimmers; Electric light switches; Electric locks; Electric navigational instruments; Electric pocket translators; Electric signs; warning lights; Electronic agendas; Electronic animal confinement system; Electronic anti-theft system; Electronic book reader; Electronic calculators; Electronic desk calculators; Electronic door alarms; Electronic pens; Electronic signs; Electronic timers; Flashing safety lights; Hands free kits for phones; Helmet safety lights; Helmets for bicycles; Helmets for motorcyclists; Home theater systems comprising dvd; Intercoms; Karaoke machines; Karaoke players; Lightning rods; Luminous pointers; Luminous signs; Microphones; Monocles; Musical sound recordings; Musical video recordings; Notebook computer carrying cases; Portable DVD players; Portable media players; Portable radios; Projection screens; Protective cases for smartphones; Radios; Scales; Scuba snorkels; Smoke alarms; Smoke detectors; Telephone answering machines; Telephones; Time and date stamping machines; Wind sleeves
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: Bathroom scales; Camera cases; Bicycle helmets; Cameras; Bicycle speedometers; Cell phone cases; Bicycles speedometers; Cell phone covers; Binoculars; Computer bags; Cable connectors; Laptop carrying cases; Calculators; Mousepads; Protective carrying cases for portable music players; Backpacks especially adapted for holding laptops; Backpacks especially adapted for holding personal computers; bags adapted for electronic equipment, namely, electronic book readers; Bags adapted for laptops; Computer cables; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Computer docking stations; Bags for cameras and photographic equipment; Computer heat sinks; Bags for cameras; Computer keyboards; Camera cases; Computer mouse; Carrying cases for cell phones; Digital photo frames; Carrying cases for mobile computers; Dog whistles; Cases for mobile phones; Earphones; Cell phone covers; Ethernet cables; Cell phone faceplates; Headphones; Decorative charms for cellular telephones; Helmets for bicycles; Decorative magnets; Decorative ornaments for cellular telephones; Laptop computers; Decorative refrigerator magnets; Laser pointers; Decorative switch plate covers; Light pens; Egg timers; Measuring cups; Measuring spoons; Measuring tapes; Neon signs; Power adapters; Power cables; Stereo cables; USB cables; Wireless computer mice; Wireless indoor and outdoor speakers; Baby monitors; Backpacks especially adapted for electronic items; bags adapted for electronic equipment; Binders for CDs; Binoculars; Briefcases specially adapted for holding laptop computers; Calculators; Call bells; Camcorders; Cameras; Carrying cases and containers for contact lenses; Cases for contact lenses; Cases for electronic diaries; cases for music players; Cases for telephones; CD cases; CD sleeves; CD storage racks; Cell phone cases; Cell phone straps; Cell phones; Computer carrying cases; Computer game software; Computer joysticks; Decorative covers for satellite dishes; Decorative covers for smoke detectors; DVD cases; DVD sleeves; Disposable cameras; Diving equipment; Downloadable printing fonts; Downloadable ring tones and graphics for mobile phones; Downloadable ring tones for mobile phones; Downloadable books; E-books featuring stories recorded on computer media; Electric buzzers; Electric door bells; Electric door chimes; Electric light dimmers; Electric light switches; Electric locks; Electric navigational instruments; Electric pocket translators; Electric signs; warning lights; Electronic agendas; Electronic animal confinement system; Electronic anti-theft system; Electronic book reader; Electronic calculators; Electronic desk calculators; Electronic door alarms; Electronic pens; Electronic signs; Electronic timers; Flashing safety lights; Hands free kits for phones; Helmet safety lights; Helmets for bicycles; Helmets for motorcyclists; Home theater systems comprising dvd; Intercoms; Karaoke machines; Karaoke players; Lightning rods; Luminous pointers; Luminous signs; Microphones; Monocles; Musical sound recordings; Musical video recordings; Notebook computer carrying cases; Portable DVD players; Portable media players; Portable radios; Projection screens; Protective cases for smartphones; Radios; Scales; Scuba snorkels; Smoke alarms; Smoke detectors; Telephone answering machines; Telephones; Time and date stamping machines; Wind sleevesClass 009 for Camera cases; Cameras; Cell phone cases; Cell phone covers; Computer bags; Laptop carrying cases; Mousepads; Protective carrying cases for portable music players; Backpacks especially adapted for holding laptops; Backpacks especially adapted for holding personal computers; bags adapted for electronic equipment, namely, electronic book readers; Bags adapted for laptops; Bags and cases specially adapted for holding or carrying portable telephones and telephone equipment and accessories; Bags for cameras and photographic equipment; Bags for cameras; Camera cases; Carrying cases for cell phones; Carrying cases for mobile computers; Cases for mobile phones; Cell phone covers; Cell phone faceplates; Decorative charms for cellular telephones; Decorative magnets; Decorative ornaments for cellular telephones; Decorative refrigerator magnets; Decorative switch plate covers; Egg timers
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: /Holly Pranger/     Date: 03/03/2014
Signatory's Name: Holly Pranger
Signatory's Position: Attorney of record, CA bar member

Signatory's Phone Number: 415-885-9800

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: 86028255
Internet Transmission Date: Mon Mar 03 23:45:45 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2014030323454527
1275-86028255-5004971c719d335c4429efd84c
159ee581eef6afa334e47a352633be9172c148a5
-N/A-N/A-20140303234235230816