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. 86504350 RANGE-OF-FLOW(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86504350/large) 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 Audio Receivers; Video receivers; Computer application software for mobile phones for receiving and transmission of message in the nature of data, text, language, sound, image and video; Computer software for controlling the operation of audio and video devices; Speakers for television; Electric audio and visual apparatus and instruments, namely, audio and video cassette recorders, audio recorders, video tape recorders, or audio-video receivers; Apparatus for recording, transmission or reproduction of sound or images; Speakers for home theaters; Audio-Video receivers
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[ Korea, South application number 402015000061 filed 01/06/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Audio Receivers; Video receivers; Computer application software for mobile phones for receiving and transmission of message in the nature of data, text, language, sound, image and video; Computer software for controlling the operation of audio and video devices; Speakers for television; Audio Speakers for television; Electric audio and visual apparatus and instruments, namely, audio and video cassette recorders, audio recorders, video tape recorders, or audio-video receivers; Apparatus for recording, transmission or reproduction of sound or images; Speakers for home theaters; Audio Speakers for home theaters; Audio-Video receiversClass 009 for Audio Receivers; Video receivers; Computer application software for mobile phones for receiving and transmission of message in the nature of data, text, language, sound, image and video; Computer software for controlling the operation of audio and video devices; Audio Speakers for television; Electric audio and visual apparatus and instruments, namely, audio and video cassette recorders, audio recorders, video tape recorders, or audio-video receivers; Apparatus for recording, transmission or reproduction of sound or images; Audio Speakers for home theaters; Audio-Video receivers
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 [ Korea, South application number 402015000061 filed 01/06/2015]. 15 U.S.C.Section 1126(d), as amended.

ADDITIONAL STATEMENTS
Miscellaneous Statement
1.Foreign Filing Basis Korean priority application has not been registered yet. When the Korean priority application gets registered, a copy of the registration certificate will be submitted. 2. Additional Information 1) What does the term Range-of-Flow specifically mean in relation to applicant's goods? A product, e.g. speaker, which includes a function based on LG's own Range-of-Flow technology that detects the distance between the product and another product. 2) What does the term Range-of-Flow specifically mean in applicant's industry? Technically, Range-of-Flow is similar with Beacon technology based on Bluetooth Low Energy standard. LG established its own algorithm and sub functions for it. 3) Do applicant's goods gauge or control flow? a. For example, if someone puts its smart phone on the table where an LG Music Flow speaker with Range-of-Flow is located, the music playing in its phone would be transferred to the speaker and could be listened to through the speaker seamlessly. Applicant calls this scenario Music Flow, and the Range-of-Flow technology allows to have the music be transmitted by the speaker.


SIGNATURE(S)
Response Signature
Signature: /Robert J. Kenney/     Date: 08/05/2015
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of Record

Signatory's Phone Number: 703-205-8000

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 owner's/holder'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 owner/holder in this matter: (1) the owner/holder 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 owner/holder has filed a power of attorney appointing him/her in this matter; or (4) the owner's/holder'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: 86504350
Internet Transmission Date: Wed Aug 05 12:18:57 EDT 2015
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201508051218574
91605-86504350-540daa08849954bb1ba589868
c245feeebfb11b846dbb4d48a9a8f14f41858de3
-N/A-N/A-20150805115001354514