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. 86399303 VOLTE TECHNOLOGY(Standard Characters, see http://uspto.report/TM/86399303/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see actual argument attached in "Evidence" section.

EVIDENCE

Original PDF file:
evi_17412471144-20150706185545466911_._VOLTE_TECHNOLOGY_Argument.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electrotechnical and electronic devices for harvesting mechanical energy, energy conversion, and energy generation, namely, power sources for sensors and actuators for pollutants, heat, motion, location detection, communication, pressure and electricity, vibration sensors, vibration meters, radio receivers, radio transmitters, piezo electric sensors, piezo electric actuators, and optical transmitters; weighing, signaling, measuring, counting, recording, monitoring, testing, and open- and closed-loop control and switching devices, namely, radio-controlled switches, electric sensors and electric actuators for pollutants, location detection, communication, heat, motion, pressure and electricity
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: Electrotechnical and electronic devices for harvesting mechanical energy, energy conversion, and energy generation, namely, power sources for sensors and actuators for pollutants, heat, motion, location detection, communication, pressure and electricity, vibration sensors, vibration meters, radio receivers, radio transmitters, piezo electric sensors, piezo electric actuators, and optical transmitters; Electrotechnical and electronic devices for harvesting mechanical energy, energy conversion, and energy generation, namely, electrical power supplies for sensors and electric actuators for pollutants, heat, motion, location detection, communication, pressure and electricity; weighing, signaling, measuring, counting, recording, monitoring, testing, and open- and closed-loop control and switching devices, namely, radio-controlled switches, electric sensors and electric actuators for pollutants, location detection, communication, heat, motion, pressure and electricity; vibration sensors for applications such as monitoring equipment and environmental conditions, vibration meters, radio receivers, radio transmitters, piezo electric sensors, piezo electric actuators, and optical transmitters; weighing, signaling, measuring, counting, recording, monitoring, testing, and open- and closed-loop control and switching devices, namely, radio-controlled electric switches, electric sensors and electric actuators for pollutants, location detection, communication, heat, motion, pressure and electricityClass 009 for Electrotechnical and electronic devices for harvesting mechanical energy, energy conversion, and energy generation, namely, electrical power supplies for sensors and electric actuators for pollutants, heat, motion, location detection, communication, pressure and electricity; vibration sensors for applications such as monitoring equipment and environmental conditions, vibration meters, radio receivers, radio transmitters, piezo electric sensors, piezo electric actuators, and optical transmitters; weighing, signaling, measuring, counting, recording, monitoring, testing, and open- and closed-loop control and switching devices, namely, radio-controlled electric switches, electric sensors and electric actuators for pollutants, location detection, communication, heat, motion, pressure and electricity
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.

ADDITIONAL STATEMENTS
Disclaimer
No claim is made to the exclusive right to use TECHNOLOGY apart from the mark as shown.


Claim of Active Prior Registration(s)
The applicant claims ownership of U.S. Registration Number(s) 4514966.


SIGNATURE(S)
Response Signature
Signature: /Sean Ploen/     Date: 07/06/2015
Signatory's Name: Sean Ploen
Signatory's Position: Attorney of record, MN bar member

Signatory's Phone Number: 651-894-6800

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: 86399303
Internet Transmission Date: Mon Jul 06 19:04:16 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XXX-201507061904167
47189-86399303-530d96c9818ef158387bdc987
ed85cd775cebfc9b9af131fae7fb46a0d6794f5e
-N/A-N/A-20150706185545466911