Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 86675372 BOOMERANG(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86675372/large) has been amended as follows:

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

1. This Response is intended to replace the previous response to Office Action filed earlier today. In addition to the issues addressed in the Office Action, the Applicant's entity type is corrected. "Raytheon BBN Technologies, Inc." is not an existing entity.

2. REQUEST FOR SUSPENSION

The Examining Attorney has cited the pending U.S. Application Serial No. 86674091 as a potential bar to registration of applicant's mark under Trademark Act Section 2(d) because of an alleged likelihood of confusion between the two marks. Applicant therefore requests the suspension of the present application until the referenced application is either registered or abandoned.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; telecommunications hardware and software for monitoring and alerting shooter or hostile fire locations; portable detection and identification instruments using global positioning system (GPS) for detecting and identifying ballistic events; audio speakers
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: Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; telecommunications hardware and software for monitoring and alerting shooter or hostile fire locations; telecommunications computer hardware and software for monitoring and alerting shooter or hostile fire locations; portable detection and identification instruments using global positioning system (GPS) for detecting and identifying ballistic events; audio speakersClass 009 for Electronic communications systems comprised of computer hardware and software for the transmission of data between two points; telecommunications computer hardware and software for monitoring and alerting shooter or hostile fire locations; portable detection and identification instruments using global positioning system (GPS) for detecting and identifying ballistic events; audio speakers
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.

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Raytheon BBN Technologies, Inc., a corporation of Delaware, having an address of
      10 Moulton Street
      Cambridge, Massachusetts 02138
      United States

      XXXX (not authorized)
Proposed: Raytheon BBN Technologies, Corp., a corporation of Delaware, having an address of
      10 Moulton Street
      Cambridge, Massachusetts 02138
      United States
      

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
BOOMERANG appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


SIGNATURE(S)
Response Signature
Signature: /MA/     Date: 03/23/2016
Signatory's Name: Matthew D. Asbell
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212.708.3463

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: 86675372
Internet Transmission Date: Wed Mar 23 17:48:40 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201603231748403
53268-86675372-550e827f971ed078b92dee273
d99799616954fe25adad3755deb279aae37a2466
-N/A-N/A-20160323172709665054