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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
86756705 |
LAW OFFICE ASSIGNED |
LAW OFFICE 103 |
MARK SECTION |
MARK FILE NAME |
http://tmng-al.gov.uspto.report/resting2/api/img/86756705/large |
LITERAL ELEMENT |
SPIN N' CLICK |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) blue, black and orange is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of the wording "Spin n' Click", where the word "Spin" appears in blue, "n'" appears in black and "Click" appears in
orange. |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Wireless remote controllers for application software for smartphones, which are mounted in automobiles; Wireless remote controllers for
application software for smartphones; Telecommunication machines and apparatus; Remote controls; Computer application software for smartphones; Computer software; Electronic machines and apparatus
and parts therefor; Computer software for cloud computing |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2015-60386 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
06/25/2015 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Wireless remote controllers for application software for smartphones, which are mounted in
automobiles; Wireless remote controllers for operating application software for car-mounted smartphones; Wireless remote
controllers for application software for smartphones; Wireless remote controllers for operating application software for smartphones; Telecommunication machines and apparatus; Remote controls for operating application software for smartphones; Remote controls; Computer application software for use in smartphones, namely, software for connecting wireless remote controllers with car-mounted
smartphones; Computer application software for smartphones; Computer application software for use in smartphones, namely,
software for operating application software for car-mounted smartphones by wireless remote controllers; Computer software; Electronic machines and apparatus and parts therefor; Computer software for cloud computing |
FINAL DESCRIPTION |
Wireless remote controllers for operating application software for car-mounted smartphones; Wireless remote controllers for operating
application software for smartphones; Remote controls for operating application software for smartphones; Computer application software for use in smartphones, namely, software for connecting
wireless remote controllers with car-mounted smartphones; Computer application software for use in smartphones, namely, software for operating application software for car-mounted smartphones by
wireless remote controllers |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2015-60386 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
06/25/2015 |
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. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
Applicant has amended the goods in a manner thought to comply with Office requirements. The Japanese registration documents and translation
are not yet available but it is expected they will become available soon. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/gda/ |
SIGNATORY'S NAME |
Geoffrey D. Aurini |
SIGNATORY'S POSITION |
Attorney of Record, Michigan Bar Member |
SIGNATORY'S PHONE NUMBER |
248-641-1238 |
DATE SIGNED |
06/14/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Tue Jun 14 14:50:41 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20160614145041794985-8675
6705-550429fe224c189f8419
764b53517a45951b360628234
7378ac6c696dac03ee-N/A-N/
A-20160614142754825396 |
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.
86756705 SPIN N' CLICK (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86756705/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 Wireless remote controllers for application software for smartphones, which are mounted in automobiles; Wireless remote controllers for application software for
smartphones; Telecommunication machines and apparatus; Remote controls; Computer application software for smartphones; Computer software; Electronic machines and apparatus and parts therefor;
Computer software for cloud computing
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 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[ Japan application number 2015-60386 filed 06/25/2015]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Wireless remote controllers for application software for smartphones, which are mounted in automobiles;
Wireless remote controllers for operating application software for car-mounted smartphones;
Wireless remote controllers for application software for
smartphones;
Wireless remote controllers for operating application software for smartphones;
Telecommunication machines
and apparatus;
Remote controls for operating application software for smartphones;
Remote controls;
Computer application software for use in smartphones, namely, software for connecting wireless remote controllers with car-mounted smartphones;
Computer application software for smartphones;
Computer application software for use in smartphones, namely, software for operating application software
for car-mounted smartphones by wireless remote controllers;
Computer software;
Electronic machines and apparatus and
parts therefor;
Computer software for cloud computingClass 009 for Wireless remote controllers for operating application software for car-mounted
smartphones; Wireless remote controllers for operating application software for smartphones; Remote controls for operating application software for smartphones; Computer application software for use
in smartphones, namely, software for connecting wireless remote controllers with car-mounted smartphones; Computer application software for use in smartphones, namely, software for operating
application software for car-mounted smartphones by wireless remote controllers
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 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 [ Japan application number 2015-60386 filed 06/25/2015]. 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.
ADDITIONAL STATEMENTS
Miscellaneous Statement
Applicant has amended the goods in a manner thought to comply with Office requirements. The Japanese registration documents and translation are not yet available but it is expected they will become
available soon.
SIGNATURE(S)
Response Signature
Signature: /gda/ Date: 06/14/2016
Signatory's Name: Geoffrey D. Aurini
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 248-641-1238
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: 86756705
Internet Transmission Date: Tue Jun 14 14:50:41 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201606141450417
94985-86756705-550429fe224c189f8419764b5
3517a45951b3606282347378ac6c696dac03ee-N
/A-N/A-20160614142754825396