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. 86784289 VINE (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86784289/large) has been amended as follows:

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

The refusal based on likelihood of confusion was based on the services specified in the application, and the applicant is deleting the classes and descriptions of services in this Response to Office Action.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 038 for Online usage management and information services and messages related to home electric powered devices, namely, AV media systems, HVAC systems, lighting, water systems, security systems, alarms, mechanical door locks, curtains, and motion sensors

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices; lighting fixtures, digital door locks, security cameras; thermostat and electronic controllers to control home electric powered devices, namely, electrical appliances, electrical outlets, HVAC systems, lighting, water systems, security systems, alarms, motion sensors, mechanical door locks, mechanical garage doors, and mechanical blinds and curtains; computer application software for smartphones, tablet computers, PCs, and laptops for remotely activating thermostat and electronic controllers that control the aforesaid home electric powered devices
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: Climate control systems consisting of digital thermostats, air conditioning, heating, ventilation and drying control devices; Climate control systems consisting of digital thermostats and electric control devices for air conditioning, heating, ventilation and drying; lighting fixtures, digital door locks, security cameras; digital door locks, security cameras; thermostat and electronic controllers to control home electric powered devices, namely, electrical appliances, electrical outlets, HVAC systems, lighting, water systems, security systems, alarms, motion sensors, mechanical door locks, mechanical garage doors, and mechanical blinds and curtains; computer application software for smartphones, tablet computers, PCs, and laptops for remotely activating thermostat and electronic controllers that control the aforesaid home electric powered devicesClass 009 for Climate control systems consisting of digital thermostats and electric control devices for air conditioning, heating, ventilation and drying; digital door locks, security cameras; thermostat and electronic controllers to control home electric powered devices, namely, electrical appliances, electrical outlets, HVAC systems, lighting, water systems, security systems, alarms, motion sensors, mechanical door locks, mechanical garage doors, and mechanical blinds and curtains; computer application software for smartphones, tablet computers, PCs, and laptops for remotely activating thermostat and electronic controllers that control the aforesaid home electric powered devices
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 hereby adds the following class of goods/services to the application:
New: Class 011 for Lighting fixtures
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.

ATTORNEY ADDRESS
Applicant proposes to amend the following:
Proposed:
Robert L. Taylor of JG, P.C. Business & Corporate Law, having an address of
5890 Stoneridge Dr., Suite 102 Pleasanton, California 94588
United States
btaylor@jgpc.com
(925) 463-9600
(925) 463-9644
The attorney docket/reference number is 16040 .
The Other Appointed Attorney(s): James H. Gulseth.

CORRESPONDENCE ADDRESS CHANGE
Applicant proposes to amend the following:
Current:
XING CONNECTED CORPORATION
9811 NE Radio School Rd
Bainbridge Island
Washington
US
98110-3078

Proposed:
Robert L. Taylor of JG, P.C. Business & Corporate Law, having an address of
5890 Stoneridge Dr., Suite 102 Pleasanton, California 94588
United States
btaylor@jgpc.com
(925) 463-9600
(925) 463-9644
The docket/reference number is 16040 .



ADDITIONAL STATEMENTS
Description of mark
The mark consists of the word "Vine" and a wireless signal integrated with the letter "e".

FEE(S)
Fee(s) in the amount of $275 is being submitted.

SIGNATURE(S)
Declaration Signature
The filing Attorney has elected not to submit the signed declaration, believing no supporting declaration is required under the Trademark Rules of Practice.

Response Signature
Signature: /Robert L. Taylor/     Date: 08/02/2016
Signatory's Name: Robert L. Taylor
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: (925) 463-9600

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.

Mailing Address:    Robert L. Taylor
   JG, P.C. Business & Corporate Law
   5890 Stoneridge Dr., Suite 102
   Pleasanton, California 94588
        
RAM Sale Number: 86784289
RAM Accounting Date: 08/03/2016
        
Serial Number: 86784289
Internet Transmission Date: Tue Aug 02 15:24:46 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XX.X-2016080215244667996
4-86784289-5502cd4d147e28394d35688afa8ee
583f2f693eeb57be1f7ef0f985f5ea2997db-CC-
1862-20160802144011153014