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. 86764566 AIRPODS(Standard Characters, see http://uspto.report/TM/86764566/mark.png) has been amended as follows:

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

The description of applied-for goods in this application was amended in the Amendment to Allege Use filed on January 31, 2017. Applicant respectfully submits that the description of goods in class 9, as amended, sufficiently identifies the applied-for goods and asks that the USPTO allow the application to move forward to publication.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Sound reproducing apparatus; audio speakers; earphones; headphones; microphones; voice recording apparatuses, namely, digital voice recorders; voice recognition apparatuses, namely, microphones for receiving voice data; radios, radio transmitters, and radio receivers; remote controls for controlling handheld digital electronic devices for use as a telephone, handheld computer, and audio and video player; wireless communication devices for voice or data transmission; and remote control apparatus, battery chargers, electronic connectors, couplers, battery chargers, docks being power supplies, electrical and electronic docking stations, specially adapted cases,specially adapted cases for battery charging, interfaces for computers, handheld or wearable digital electronic devices, telephones, mobile phones, and digital media players, and electrical, electronic, and power adapters for use with all of the aforesaid goods
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/07/2016 and first used in commerce at least as early as 12/19/2016 , and is now in use in such commerce.

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[ Jamaica application number 66798 filed 03/23/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed: Class 009 for Sound reproducing apparatus; audio speakers; earphones; headphones; microphones; voice recording apparatuses, namely, digital voice recorders; voice recognition apparatuses, namely, microphones for receiving voice data; radios, radio transmitters, and radio receivers; remote controls for controlling handheld digital electronic devices for use as a telephone, handheld computer, and audio and video player; wireless communication devices for voice or data transmission; and remote control apparatus, battery chargers, electronic connectors, couplers, battery chargers, docks being power supplies, electrical and electronic docking stations, specially adapted cases,specially adapted cases for battery charging, interfaces for computers, handheld or wearable digital electronic devices, telephones, mobile phones, and digital media players, and electrical, electronic, and power adapters for use with all of the aforesaid goods
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 09/07/2016 and first used in commerce at least as early as 12/19/2016 , and is now in use in such commerce.
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 [ Jamaica application number 66798 filed 03/23/2015]. 15 U.S.C.Section 1126(d), as amended.
INTENT TO PERFECT 44(d) : At this time, the applicant does NOT intend to rely on Section 44(e) as a basis for registration, but wishes only to assert a valid claim of priority. The application should not be suspended to await the submission of the foreign registration.

SIGNATURE(S)
Response Signature
Signature: /Hillary I. Schroeder/     Date: 03/29/2017
Signatory's Name: Hillary I. Schroeder
Signatory's Position: Attorney of Record; CA Bar No. 281833

Signatory's Phone Number: 408-862-1022

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: 86764566
Internet Transmission Date: Wed Mar 29 17:34:35 EDT 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201703291734356
92375-86764566-58079ed6faec2a6fc98a20688
a9251d7a337e59e6bee6146e7cc4f9b71c0354d-
N/A-N/A-20170329170400603152