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 |
86136634 |
LAW OFFICE ASSIGNED |
LAW OFFICE 104 |
MARK SECTION |
MARK |
http://uspto.report/TM/86136634/mark.png |
LITERAL ELEMENT |
TIBURON |
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. |
ARGUMENT(S) |
See attached evidence. |
EVIDENCE SECTION |
EVIDENCE FILE NAME(S) |
ORIGINAL PDF FILE |
evi_2041552263-20140924154154032983_._TIBURON_office_action_response.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\861\366\86136634\xml4\ROA0002.JPG |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Computer hardware; digital video players; computer software |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
46953 |
FOREIGN APPLICATION COUNTRY |
Trinidad and Tobago |
FOREIGN FILING DATE |
06/07/2013 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Computer hardware; Computer operating system software;
digital video players; computer software; application development software |
FINAL DESCRIPTION |
Computer operating system software; digital video players; application development software |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
46953 |
FOREIGN APPLICATION COUNTRY |
Trinidad and Tobago |
FOREIGN FILING DATE |
06/07/2013 |
ADDITIONAL STATEMENTS SECTION |
TRANSLATION |
The English translation of TIBURON in the mark is SHARK. |
SIGNATURE SECTION |
ORIGINAL PDF FILE |
HS_2041552263-154154032_._TIBURON_declaration.pdf |
CONVERTED PDF FILE(S)
(1 page) |
\\TICRS\EXPORT16\IMAGEOUT16\861\366\86136634\xml4\ROA0003.JPG |
SIGNATORY'S NAME |
Joan L. Yori |
SIGNATORY'S POSITION |
Manager |
RESPONSE SIGNATURE |
/Matthew Clark/ |
SIGNATORY'S NAME |
Matthew Clark |
SIGNATORY'S POSITION |
Attorney of record |
DATE SIGNED |
09/24/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Sep 24 15:51:57 EDT 2014 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.X-2
0140924155157183882-86136
634-500951c7bde4b4f771307
7ad4f5a1a7447b2ba672b37e1
5a023774b41517e115-N/A-N/
A-20140924154154032983 |
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.
86136634 TIBURON(Standard Characters, see http://uspto.report/TM/86136634/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
See attached evidence.
EVIDENCE
Original PDF file:
evi_2041552263-20140924154154032983_._TIBURON_office_action_response.pdf
Converted PDF file(s) ( 1 page)
Evidence-1
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware; digital video players; computer software
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.
Filing Basis: Section 44(d), Priority based on foreign filing: 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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on[ Trinidad and Tobago application number 46953 filed 06/07/2013]. 15
U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Computer hardware;
Computer operating system software;
digital video
players;
computer software;
application development softwareClass 009 for Computer operating system software;
digital video players; application development software
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.
Filing Basis: Section 44(d), Priority based on foreign filing: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, and asserts a claim of priority based upon a foreign 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, and asserts a claim of priority
based upon a foreign application.
For a certification 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 authorized users in connection with the identified goods/services, 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 or services that meet the certification standards of the
applicant, and the applicant asserts a claim of priority based upon a foreign application. Claim of priority is based on [ Trinidad and Tobago application number 46953 filed 06/07/2013]. 15
U.S.C.Section 1126(d), as amended.
ADDITIONAL STATEMENTS
Translation
The English translation of TIBURON in the mark is SHARK.
SIGNATURE(S)
Declaration Signature
Original PDF file:
HS_2041552263-154154032_._TIBURON_declaration.pdf
Converted PDF file(s) (1 page)
Signature File1
Signatory's Name: Joan L. Yori
Signatory's Position: Manager
Response Signature
Signature: /Matthew Clark/ Date: 09/24/2014
Signatory's Name: Matthew Clark
Signatory's Position: Attorney of record
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: 86136634
Internet Transmission Date: Wed Sep 24 15:51:57 EDT 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.X-2014092415515718
3882-86136634-500951c7bde4b4f7713077ad4f
5a1a7447b2ba672b37e15a023774b41517e115-N
/A-N/A-20140924154154032983