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 |
86279510 |
LAW OFFICE ASSIGNED |
LAW OFFICE 106 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/86279510/mark.png |
LITERAL ELEMENT |
CENTURION |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
ARGUMENT(S) |
Applicant requires additional time to procure a copy of the foreign registration, and requests that the U.S. application be suspended until a copy
of the foreign registration is available. Applicant submits that the revised Description of the Goods and Services complies with all requirements of the Trademark Office. It is particularly submitted
that the revised Description of Goods and Services identifies common commercial terms for the goods and services within the scope of the application, and are acceptable as now presented. Should any
issue remain outstanding, the examining attorney is invited to contact the undersigned attorney in anticipation that the issue may be resolved and the application may be advanced to approval as soon
as possible. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Access automation; access control and access security equipment and apparatus, including gate motors, garage door operators, boom
operators, motor controllers and converters, traffic barriers, remote controls, keypads, proximity access control systems, intercom systems, electronic locks, magnetic locks, inverters, converters,
and all goods related and ancillary to the aforementioned goods |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2014/06835 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
03/14/2014 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Access automation; access control and alarm monitoring
systems; access control and access security equipment and apparatus, including gate motors, garage door operators, boom operators, motor controllers and
converters, traffic barriers, remote controls, keypads, proximity access control systems, intercom systems, electronic locks, magnetic locks, inverters, converters, and all goods related and
ancillary to the aforementioned goods; access control and access security equipment, namely, electronic operators for garage doors, electric control devices for
boom operators, electronic controls for motors and converters, remote controls, locking keypads, intercoms, electronic locks, magnetic locks, inverters, converters, and electronic proximity sensors
and switches |
FINAL DESCRIPTION |
access control and alarm monitoring systems; access control and access security equipment, namely, electronic operators for garage
doors, electric control devices for boom operators, electronic controls for motors and converters, remote controls, locking keypads, intercoms, electronic locks, magnetic locks, inverters,
converters, and electronic proximity sensors and switches |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2014/06835 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
03/14/2014 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section
44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (007)(class added) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
motors for gates used in access control and access security systems |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2014/06835 |
FOREIGN APPLICATION COUNTRY |
South Africa |
FOREIGN FILING DATE |
03/14/2014 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e)
as a basis for registration, a valid claim of priority may be retained. |
PAYMENT SECTION |
NUMBER OF CLASSES |
1 |
FEE PER CLASS |
325 |
TOTAL FEES DUE |
325 |
SIGNATURE SECTION |
DECLARATION SIGNATURE |
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark
Rules of Practice. |
RESPONSE SIGNATURE |
/David Jacobson/ |
SIGNATORY'S NAME |
David Jacobson |
SIGNATORY'S POSITION |
Attorney of Record, CT, NY and NJ bar members |
SIGNATORY'S PHONE NUMBER |
203-323-1800 |
DATE SIGNED |
11/25/2014 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Nov 25 12:13:49 EST 2014 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20141125121349688077-8627
9510-50020f2211e56c5d4688
840e8ddc4a9bb5d9de4451d18
a83429590752d6b2acd25-DA-
16500-2014112511552733564
6 |
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.
86279510 CENTURION (Stylized and/or with Design, see http://uspto.report/TM/86279510/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
Applicant requires additional time to procure a copy of the foreign registration, and requests that the U.S. application be suspended until a copy of the foreign registration is available. Applicant
submits that the revised Description of the Goods and Services complies with all requirements of the Trademark Office. It is particularly submitted that the revised Description of Goods and Services
identifies common commercial terms for the goods and services within the scope of the application, and are acceptable as now presented. Should any issue remain outstanding, the examining attorney is
invited to contact the undersigned attorney in anticipation that the issue may be resolved and the application may be advanced to approval as soon as possible.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Access automation; access control and access security equipment and apparatus, including gate motors, garage door operators, boom operators, motor controllers and
converters, traffic barriers, remote controls, keypads, proximity access control systems, intercom systems, electronic locks, magnetic locks, inverters, converters, and all goods related and
ancillary to the aforementioned goods
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[ South Africa application number 2014/06835 filed 03/14/2014]. 15
U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Access automation;
access control and alarm monitoring systems;
access control and access security equipment and apparatus, including gate motors, garage door operators, boom operators, motor controllers and converters, traffic barriers, remote controls,
keypads, proximity access control systems, intercom systems, electronic locks, magnetic locks, inverters, converters, and all goods related and ancillary to the aforementioned goods;
access control and access security equipment, namely, electronic operators for garage doors, electric control devices for boom operators, electronic controls for
motors and converters, remote controls, locking keypads, intercoms, electronic locks, magnetic locks, inverters, converters, and electronic proximity sensors and switchesClass 009 for access
control and alarm monitoring systems; access control and access security equipment, namely, electronic operators for garage doors, electric control devices for boom operators, electronic controls for
motors and converters, remote controls, locking keypads, intercoms, electronic locks, magnetic locks, inverters, converters, and electronic proximity sensors and switches
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 [ South Africa application number 2014/06835 filed 03/14/2014]. 15
U.S.C.Section 1126(d), as amended.
Applicant hereby adds the following class of goods/services to the application:
New: Class 007 for motors for gates used in access control and access security systems
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 [ South Africa application number 2014/06835 filed 03/14/2014]. 15
U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant intends to rely on Section 44(e) as a basis for registration. If ultimately the applicant does not rely on Section 44(e) as a basis for
registration, a valid claim of priority may be retained.
FEE(S)
Fee(s) in the amount of $325 is being submitted.
SIGNATURE(S)
Declaration Signature
I hereby elect to bypass the submission of a signed declaration, because I believe a declaration is not required by the rules of practice. I understand that the examining attorney could still, upon
later review, require a signed declaration.
Response Signature
Signature: /David Jacobson/ Date: 11/25/2014
Signatory's Name: David Jacobson
Signatory's Position: Attorney of Record, CT, NY and NJ bar members
Signatory's Phone Number: 203-323-1800
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.
RAM Sale Number: 86279510
RAM Accounting Date: 11/25/2014
Serial Number: 86279510
Internet Transmission Date: Tue Nov 25 12:13:49 EST 2014
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201411251213496
88077-86279510-50020f2211e56c5d4688840e8
ddc4a9bb5d9de4451d18a83429590752d6b2acd2
5-DA-16500-20141125115527335646