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 |
GOODS AND/OR SERVICES SECTION (current) |
INTERNATIONAL CLASS |
009 |
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 |
GOODS AND/OR SERVICES SECTION (proposed) |
INTERNATIONAL CLASS |
009 |
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. |
FILING BASIS |
Section 44(e) |
FOREIGN REGISTRATION NUMBER |
5842787 |
FOREIGN REGISTRATION
COUNTRY |
Japan |
FOREIGN REGISTRATION
DATE |
04/15/2016 |
FOREIGN EXPIRATION DATE |
04/15/2026 |
FOREIGN REGISTRATION FILE NAME(S) |
ORIGINAL PDF FILE |
FRU0-20915515266-160201237_._JP_Reg.No.5842787.PDF |
CONVERTED PDF FILE(S)
(4 pages) |
\\TICRS\EXPORT16\IMAGEOUT16\867\567\86756705\xml7\ROA0002.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\867\567\86756705\xml7\ROA0003.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\867\567\86756705\xml7\ROA0004.JPG |
|
\\TICRS\EXPORT16\IMAGEOUT16\867\567\86756705\xml7\ROA0005.JPG |
STANDARD CHARACTERS
OR EQUIVALENT |
NO |
SIGNATURE SECTION |
DECLARATION 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 |
07/14/2016 |
RESPONSE SIGNATURE |
/gda/ |
SIGNATORY'S NAME |
Geoffrey D. Aurini |
SIGNATORY'S POSITION |
Attorney of record, Michigan bar member |
SIGNATORY'S PHONE NUMBER |
(248) 641-1600 |
DATE SIGNED |
07/14/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Thu Jul 14 16:14:33 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.XXX.XX-
20160714161433006904-8675
6705-550b12f544c62cdba8ff
91d704ff9c8df0c1672324b89
6141ad0339cf9d7d5809f-N/A
-N/A-20160714160201237448 |
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 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
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: Class 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.
Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 5842787 registered 04/15/2016 with a
renewal date of __________ and an expiration date of 04/15/2026 ], and translation thereof, if appropriate.
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.
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 on or 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 or services that meet the certification standards of the applicant.
Original PDF file:
FRU0-20915515266-160201237_._JP_Reg.No.5842787.PDF
Converted PDF file(s) ( 4 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
SIGNATURE(S)
Declaration Signature
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful
false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or
allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this
submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally
believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in
connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of
the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective
membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over
the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged 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.
To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either
in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion
or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C.
§§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark
application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the
mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or
certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention,
and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of
the applicant; for a certification mark application, 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. To the best of the signatory's knowledge and belief, no other
persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be
likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
Signature: /gda/ Date: 07/14/2016
Signatory's Name: Geoffrey D. Aurini
Signatory's Position: Attorney of Record, Michigan Bar Member
Signatory's Phone Number: 248-641-1238
Response Signature
Signature: /gda/ Date: 07/14/2016
Signatory's Name: Geoffrey D. Aurini
Signatory's Position: Attorney of record, Michigan bar member
Signatory's Phone Number: (248) 641-1600
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: Thu Jul 14 16:14:33 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201607141614330
06904-86756705-550b12f544c62cdba8ff91d70
4ff9c8df0c1672324b896141ad0339cf9d7d5809
f-N/A-N/A-20160714160201237448