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. 86826158 LIME(Standard Characters, see http://tmng-al.gov.uspto.report/resting2/api/img/86826158/large) has been amended as follows:

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

Applicant's substantive response is attached as evidence in PDF format.

EVIDENCE

Original PDF file:
evi_19235139129-20160928155442768488_._2016-09-28_LIME_Arguments_for_ROA_3449-2550US1.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer application software for smart phones, mobile phones, smart TV and handheld electric communication device, which is used for implementing internet of things; Motion recognizing sensors; Gyro sensors using GPS functions; Motion detectors; Invader detecting sensors; Privacy protection sensors; Alarm sensors for refrigerators; Alarm sensors for washing machines; Range sensor; Sensor controllers; Pressure sensors; Sensors for measuring instruments; Window opening and closing detecting sensors; Digital sensory devices; Object detecting sensors; Door opening and closing detecting sensors; Remote control apparatus; Universal serial bus (USB) Dongle (Wireless network adapters); Transmitters and receivers of electronic signals; Adapters for wireless network access; Multi-function touch buttons; Sensor station; Audio speakers; Computer monitors; Digital door locks; TV remote controls; Remote controls for controlling electronic products; Home network devices; Electronic security system for home network; Home automation device; Downloadable smart phone application (software); Interfaces and peripheral devices for computers; Cloud server; Server for home network system; Server for home automation; Digital audio interface apparatus; Wireless audio/video receivers; Wireless communication apparatus; Battery charge devices; Computer software for the remote control of security apparatus; Computer software for the remote control of office machines and equipment; Computer software for the remote control of electric lighting apparatus; Computer application software for the remote control of electronic apparatus and instruments and consumer electronic apparatus; Computer software for the remote control of electronic apparatus and instruments and consumer electronic apparatus; Computer programs for the remote control of electronic apparatus and instruments and consumer electronic apparatus, which are installed for electronic apparatus and instruments and consumer electronic apparatus; Computer software for the remote control of telephone sets and radiotelephony sets; Computer software for the remote control of vacuum cleaner, printer and computer; Remote multi switches; Smart phones; Display for smart phones; Mobile phones; Wearable smart phones; Bluetooth headsets; Wireless headsets; Headsets; Wireless headsets for mobile phones; Wireless headsets for smartphones; Digital set top boxes; Leather case for mobile phones; Leather case for smart phones; Flip covers for mobile phones; Flip covers for smart phones; Computer application software; Downloadable computer software applications; Computer application software for mobile phones; Software for mobile phones; Software for TV; Tablet PC; Monitors for commercial use; Wearable computers; Computers; Printers for computers; Light emitting diodes (LED) display; Leather case for tablet computers; Flip covers for tablet computers; Portable computers; Chargeable batteries; Battery compensation chargers; 3D spectacles; Digital cameras; Network monitoring cameras; Television receivers; Display for television receivers; Audio components system, comprising surround sound speakers, loud speakers, tuners, sound mixers, equalizers, audio recorders, and radios; Apparatus for the recording/transmission or reproduction of sound and images; Earphones; DVD players; Handheld media players; Oscillation sensor devices; Air pollution measuring devices; Measuring and control devices for air conditioning technology; Air measuring apparatus; Dust measuring apparatus; Weight scales not for medical purposes; Measuring apparatus not for medical purposes; Sensor controllers; Automatic control apparatus and instruments; Light switches; Electric power distribution apparatus; Apparatus for improving power efficiency; Apparatus and instruments for conveying, distributing, transforming, storing, regulating or controlling electric current; Lighting control apparatus; Apparatus for diagnosing electrical power installations; Apparatus for measuring/monitoring/analyzing electricity consumption; Electric wire and cable; Digital audio and video recorders and players; Speaker systems; Electric audio and visual apparatus and instruments; Handheld multimedia players; Modems; Wireless routers; Antennas for wireless communications apparatus; Remote air conditioning control devices; Telemetric apparatus and instruments; Remote control telemetering machines and apparatus; Mobile phones; Telecommunication machines and implements; Remote control apparatus for controlling lighting; Telecommunication converters; Computer software for controlling and managing access server applications; Computer programs for connecting remotely to computers or computer networks; Computer software; Digital electronic controllers; Plugs; Sockets, plugs and other contacts (electric connectors); Solar cell wafer; Modules for photovoltaic power generation; Solar wafers; Solar batteries; Crystalline silicon solar power cells; Solar cell plates; Solar cell panels; Solar power panel for generation; Solar panels for electricity generation; Solar panels for the production of electricity; Inverter used in solar power generation; Accumulators for photovoltaic power; Electric control devices for heating and energy management; Computer hardware modules for use in internet of things electronic devices; Computer software used to allow electronic devices to share data and communicate with each other; Computer software and firmware used to allow electronic devices to share data and communicate with each other; computer operating system software; Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; Middleware for management of software functions on electronic devices; Software for network and device security; computer software for others to use for the development of software to manage, operate and connect internet of things electronic devices; Software for mobile device management
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[ Korea, South application number 402015005406 filed 07/20/2015]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer application software for smart phones, mobile phones, smart TV and handheld electric communication device, which is used for implementing internet of things; Motion recognizing sensors in the nature of motion detectors; Motion recognizing sensors; Gyro sensors using GPS functions for measuring movement; Gyro sensors using GPS functions; Motion detectors; Invader detecting sensors in the nature of alarm sensors; Invader detecting sensors; Privacy protection sensors in the nature of alarm sensors; Privacy protection sensors; Alarm sensors for refrigerators; Alarm sensors for washing machines; Range sensor in the nature of proximity sensors; Range sensor; Electronic controllers for sensors; Sensor controllers; Pressure sensors; Sensors for measuring motion or movement of instruments, not for medical use; Sensors for measuring instruments; Window opening and closing detecting sensors in the nature of motion detectors; Window opening and closing detecting sensors; Digital sensory devices, namely, motion detectors; Digital sensory devices; Object detecting sensors in the nature of motion detectors; Object detecting sensors; Door opening and closing detecting sensors in the nature of motion detectors; Door opening and closing detecting sensors; Remote control apparatus for radios, televisions, stereos, air conditioning devices and media players; Remote control apparatus; Multi-function touch buttons in the nature of remote control apparatus; Universal serial bus (USB) Dongle (Wireless network adapters); Sensor station in the nature of a motion detector control panel; Transmitters and receivers of electronic signals; Audio speakers; Adapters for wireless network access; Computer monitors; Multi-function touch buttons; Digital door locks; Sensor station; TV remote controls; Remote controls for controlling electronic products, namely, radios, televisions, stereos, air conditioning devices and media players; Digital audio interface apparatus, namely, audio-receivers, radios, stereos and media players; Wireless audio and video receivers; Battery charge devices; Remote controls for controlling electronic products; Computer software for the remote control of security apparatus; Home network devices; Computer software for the remote control of office machines and equipment; Electronic security system for home network; Computer software for the remote control of electric lighting apparatus; Home automation device; Computer application software for the remote control of consumer electronic apparatus; Downloadable smart phone application (software); Computer software for the remote control of consumer electronic apparatus; Interfaces and peripheral devices for computers; Computer programs for the remote control of consumer electronic apparatus, which are installed for consumer electronic apparatus; Cloud server; Computer software for the remote control of vacuum cleaner; Server for home network system; wireless headsets for smartphones; Server for home automation; Wireless cellular phone headsets; Digital audio interface apparatus; Headsets for use with computers; Wireless audio/video receivers; Wireless headsets for mobile phones; Wireless communication apparatus; Wireless headsets for smartphones; Leather case for mobile phones; Leather case for smart phones; Flip covers for mobile phones; Flip covers for smart phones; Computer application software for the remote control of electronic apparatus and instruments and consumer electronic apparatus; Tablet PC; Computer software for the remote control of electronic apparatus and instruments and consumer electronic apparatus; Monitors for commercial use; Computer programs for the remote control of electronic apparatus and instruments and consumer electronic apparatus, which are installed for electronic apparatus and instruments and consumer electronic apparatus; Wearable computers; Computer software for the remote control of telephone sets and radiotelephony sets; Computers; Computer software for the remote control of vacuum cleaner, printer and computer; Light emitting diodes (LED) display; Remote multi switches; Leather cases adapted for tablet computers; Smart phones; Protective flip covers for tablet computers; Display for smart phones; Portable computers; Mobile phones; Chargeable batteries; Wearable smart phones; Battery compensation chargers; Bluetooth headsets; 3D spectacles; Wireless headsets; Digital cameras; Headsets; Network monitoring cameras; Television receivers; Display for television receivers, namely, televisions; Digital set top boxes; Audio components system comprising surround sound speakers, loud speakers, stereo tuners, sound mixers, sound equalizers, audio recorders, and radios; Apparatus for the recording, transmission, or reproduction of sound and images; Earphones; DVD players; Handheld media players; Computer application software; Oscillation sensor devices; Downloadable computer software applications; Air pollution measuring devices; Computer application software for mobile phones; Measuring and control devices for air conditioning technology; Software for mobile phones; Air quality measuring apparatus, namely, particle counters; Software for TV; Dust measuring apparatus, namely, particle counters; Weight scales not for medical purposes; Measuring apparatus not for medical purposes, namely, digitizers and air cleaners; Light switches; Electric power distribution units; Printers for computers; Apparatus for improving power efficiency, namely, testing and measuring equipment for testing efficiency of power plant equipment; Apparatus for diagnosing electrical power installations, namely, testing equipment for use in testing the performance and efficiency of power plant equipment; Leather case for tablet computers; Apparatus for measuring, monitoring, and analyzing electricity consumption, namely, electric sensors; Flip covers for tablet computers; Electric wire and cable; Digital audio and video recorders and players; Speaker systems comprising audio amplifiers, audio speakers and stereos; Electric audio and visual apparatus and instruments, namely, media players, televisions, and tablet computers; Handheld multimedia players; Remote control for air conditioning devices; Remote control apparatus for controlling lighting; Electric plugs; Display for television receivers; Electric connectors, namely, sockets and plugs; Audio components system, comprising surround sound speakers, loud speakers, tuners, sound mixers, equalizers, audio recorders, and radios; Solar cell wafer; Apparatus for the recording/transmission or reproduction of sound and images; Modules for photovoltaic power generation; Solar wafers; Solar batteries; Crystalline silicon solar power cells; Solar cell plates; Solar cell panels for production of electricity; Solar power panel for electricity generation; Air measuring apparatus; Solar panels for electricity generation; Dust measuring apparatus; Solar panels for the production of electricity; Inverter used in solar power generation; Measuring apparatus not for medical purposes; Accumulators for photovoltaic power; Sensor controllers; Electric control devices for heating and energy management; Automatic control apparatus and instruments; Computer operating system software; Electric power distribution apparatus; Apparatus for improving power efficiency; Apparatus and instruments for conveying, distributing, transforming, storing, regulating or controlling electric current; Lighting control apparatus; Apparatus for diagnosing electrical power installations; Apparatus for measuring/monitoring/analyzing electricity consumption; Speaker systems; Electric audio and visual apparatus and instruments; Modems; Wireless routers; Antennas for wireless communications apparatus; Remote air conditioning control devices; Telemetric apparatus and instruments; Remote control telemetering machines and apparatus; Mobile phones; Telecommunication machines and implements; Telecommunication converters; Computer software for controlling and managing access server applications; Computer programs for connecting remotely to computers or computer networks; Computer software; Digital electronic controllers; Plugs; Sockets, plugs and other contacts (electric connectors); Solar cell panels; Solar power panel for generation; Computer hardware modules for use in internet of things electronic devices; Computer software used to allow electronic devices to share data and communicate with each other; Computer software and firmware used to allow electronic devices to share data and communicate with each other; Electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; Middleware for management of software functions on electronic devices; Software for network and device security; computer software for others to use for the development of software to manage, operate and connect internet of things electronic devices; Software for mobile device managementClass 009 for Motion recognizing sensors in the nature of motion detectors; Gyro sensors using GPS functions for measuring movement; Motion detectors; Invader detecting sensors in the nature of alarm sensors; Privacy protection sensors in the nature of alarm sensors; Alarm sensors for refrigerators; Alarm sensors for washing machines; Range sensor in the nature of proximity sensors; Electronic controllers for sensors; Pressure sensors; Sensors for measuring motion or movement of instruments, not for medical use; Window opening and closing detecting sensors in the nature of motion detectors; Digital sensory devices, namely, motion detectors; Object detecting sensors in the nature of motion detectors; Door opening and closing detecting sensors in the nature of motion detectors; Remote control apparatus for radios, televisions, stereos, air conditioning devices and media players; Multi-function touch buttons in the nature of remote control apparatus; Sensor station in the nature of a motion detector control panel; Audio speakers; Computer monitors; Digital door locks; TV remote controls; Remote controls for controlling electronic products, namely, radios, televisions, stereos, air conditioning devices and media players; Digital audio interface apparatus, namely, audio-receivers, radios, stereos and media players; Wireless audio and video receivers; Battery charge devices; Computer software for the remote control of security apparatus; Computer software for the remote control of office machines and equipment; Computer software for the remote control of electric lighting apparatus; Computer application software for the remote control of consumer electronic apparatus; Computer software for the remote control of consumer electronic apparatus; Computer programs for the remote control of consumer electronic apparatus, which are installed for consumer electronic apparatus; Computer software for the remote control of vacuum cleaner; wireless headsets for smartphones; Wireless cellular phone headsets; Headsets for use with computers; Wireless headsets for mobile phones; Wireless headsets for smartphones; Leather case for mobile phones; Leather case for smart phones; Flip covers for mobile phones; Flip covers for smart phones; Tablet PC; Monitors for commercial use; Wearable computers; Computers; Light emitting diodes (LED) display; Leather cases adapted for tablet computers; Protective flip covers for tablet computers; Portable computers; Chargeable batteries; Battery compensation chargers; 3D spectacles; Digital cameras; Network monitoring cameras; Television receivers; Display for television receivers, namely, televisions; Audio components system comprising surround sound speakers, loud speakers, stereo tuners, sound mixers, sound equalizers, audio recorders, and radios; Apparatus for the recording, transmission, or reproduction of sound and images; Earphones; DVD players; Handheld media players; Oscillation sensor devices; Air pollution measuring devices; Measuring and control devices for air conditioning technology; Air quality measuring apparatus, namely, particle counters; Dust measuring apparatus, namely, particle counters; Weight scales not for medical purposes; Measuring apparatus not for medical purposes, namely, digitizers and air cleaners; Light switches; Electric power distribution units; Apparatus for improving power efficiency, namely, testing and measuring equipment for testing efficiency of power plant equipment; Apparatus for diagnosing electrical power installations, namely, testing equipment for use in testing the performance and efficiency of power plant equipment; Apparatus for measuring, monitoring, and analyzing electricity consumption, namely, electric sensors; Electric wire and cable; Digital audio and video recorders and players; Speaker systems comprising audio amplifiers, audio speakers and stereos; Electric audio and visual apparatus and instruments, namely, media players, televisions, and tablet computers; Handheld multimedia players; Remote control for air conditioning devices; Remote control apparatus for controlling lighting; Electric plugs; Electric connectors, namely, sockets and plugs; Solar cell wafer; Modules for photovoltaic power generation; Solar wafers; Solar batteries; Crystalline silicon solar power cells; Solar cell plates; Solar cell panels for production of electricity; Solar power panel for electricity generation; Solar panels for electricity generation; Solar panels for the production of electricity; Inverter used in solar power generation; Accumulators for photovoltaic power; Electric control devices for heating and energy management; Computer operating system software
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 [ Korea, South application number 402015005406 filed 07/20/2015]. 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 [ Korea, South registration number 1190517 registered 07/14/2016 with a renewal date of __________ and an expiration date of 07/14/2026 ], 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:
FRU0-19235139129-155442768_._ified_copy_of_register_for_Korean_Trademark_Reg._NO._1190517.pdf
Converted PDF file(s) ( 3 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Original PDF file:
FRU0-19235139129-155442768_._ranslation_of_register_for_Korean_Trademark_Reg__NO__1190517.pdf
Converted PDF file(s) ( 6 pages)
Foreign Registration-1
Foreign Registration-2
Foreign Registration-3
Foreign Registration-4
Foreign Registration-5
Foreign Registration-6

The foreign registration that is the basis of the U.S. application under §44(e) of the Trademark Act (15 U.S.C. §1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.

ADDITIONAL STATEMENTS
Supplemental Register
The applicant seeks registration of the mark on the Supplemental Register (i.e., a change of the words 'Principal Register' to 'Supplemental Register'). NOTE: The applicant has separately filed an Allegation of Use, to change the basis of this application from Section 1(b), intent-to-use, to Section 1(a), use in commerce.


Miscellaneous Statement
AMENDMENT TO SUPPLEMENTAL REGISTER: Applicant believes that all requirements to establish the Section 44(e) basis have been satisfied herein and the Applicant respectfully requests that the Section 1(b) basis be deleted if the Section 44(e) basis is accepted by the Examining Attorney. In reliance on the 44(e) basis, Applicant further requests that the application be amended to seek registration of the mark on the Supplemental Register. Applicant has checked the box to indicate an Amendment to Allege Use is being filed solely for the purpose of circumventing the electronic filing system, which requires the box to be checked to amend the application to the Supplemental Register. Applicant is relying on its 44(e) basis to satisfy the requirements for supplemental registration and is not relying on section 1(a). REMARKS: Applicant has amended the basis in reliance on its South Korean registration, responded to all issues raised in the Office Action, and amended the identification of goods/services. There being no other issues raised in the Office Action, Applicant believes that the present application is in condition for allowance. If the Examiner has any questions concerning this application, the Examiner is requested to contact Robert J. Kenney at (703) 205-8000 in the Washington, D.C. area.


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: /Robert J. Kenney/      Date: 09/28/2016
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of Record, Virginia bar member
Signatory's Phone Number: 7032058000


Response Signature
Signature: /Robert J. Kenney/     Date: 09/28/2016
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of Record, Virginia bar member

Signatory's Phone Number: 7032058000

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: 86826158
Internet Transmission Date: Wed Sep 28 16:17:24 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201609281617243
68418-86826158-5503f7870753514ee8c41f65a
4a653350ad234ddd8ed82d75bf54487ffbbe1312
56-N/A-N/A-20160928155442768488