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. 86855127 KINETIC (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/86855127/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 Wearable sensors for determining position and movement including velocity and acceleration; sensors to be worn by humans for monitoring movements; software for monitoring and assessing human ergonomics and workplace performance
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 01/00/2015 and first used in commerce at least as early as 01/00/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Wearable sensors for determining position and movement including velocity and acceleration; Wearable sensors for determining position and movement, namely, velocity and acceleration; sensors to be worn by humans for monitoring movements; non-medical sensors to be worn by humans for monitoring movements; software for monitoring and assessing human ergonomics and workplace performanceClass 009 for Wearable sensors for determining position and movement, namely, velocity and acceleration; non-medical sensors to be worn by humans for monitoring movements; software for monitoring and assessing human ergonomics and workplace performance
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 01/00/2015 and first used in commerce at least as early as 01/00/2015 , and is now in use in such commerce.
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Development and provision of software, hardware, and technology solutions for the purpose of evaluating, monitoring or assessing human ergonomics, performance, alertness, fatigue, or worker safety; consulting services in the field of ergonomics and worker safety, namely, providing computer-based systems for monitoring workplace activity; consulting services in the design and implementation of information systems for optimizing work schedules and logistics planning; software as a service, namely, provision of software and associated hardware for monitoring workers and evaluating their physical activity and safety; consulting services in the field of worker safety, namely, evaluating, monitoring or assessing worker safety in industrial environments
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 01/00/2015 and first used in commerce at least as early as 01/00/2015 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Development and provision of software, hardware, and technology solutions for the purpose of evaluating, monitoring or assessing human ergonomics, performance, alertness, fatigue, or worker safety; Development of software, hardware, and technology solutions, and provision of non-downloadable cloud-based software, hardware, and technology solutions for the purpose of evaluating, monitoring or assessing human ergonomics, performance, alertness, fatigue, or worker safety; consulting services in the field of ergonomics and worker safety, namely, providing computer-based systems for monitoring workplace activity; consulting services in the field of ergonomics and worker safety via computer-based systems for monitoring workplace activity, namely designing workplace facilities and and equipment to optomize efficiency and safety; consulting services in the design and implementation of information systems for optimizing work schedules and logistics planning; consulting services in the design and implementation of computer-based information systems for optimizing work schedules and logistics planning; software as a service, namely, provision of software and associated hardware for monitoring workers and evaluating their physical activity and safety; consulting services in the field of worker safety, namely, evaluating, monitoring or assessing worker safety in industrial environmentsClass 042 for Development of software, hardware, and technology solutions, and provision of non-downloadable cloud-based software, hardware, and technology solutions for the purpose of evaluating, monitoring or assessing human ergonomics, performance, alertness, fatigue, or worker safety; consulting services in the field of ergonomics and worker safety via computer-based systems for monitoring workplace activity, namely designing workplace facilities and and equipment to optomize efficiency and safety; consulting services in the design and implementation of computer-based information systems for optimizing work schedules and logistics planning; software as a service, namely, provision of software and associated hardware for monitoring workers and evaluating their physical activity and safety; consulting services in the field of worker safety, namely, evaluating, monitoring or assessing worker safety in industrial environments
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 01/00/2015 and first used in commerce at least as early as 01/00/2015 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Harris A. Wolin/     Date: 05/20/2016
Signatory's Name: Harris A. Wolin
Signatory's Position: Attorney of Record, New Jersey bar member

Signatory's Phone Number: 973-401-7157

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: 86855127
Internet Transmission Date: Fri May 20 16:24:12 EDT 2016
TEAS Stamp: USPTO/ROA-XX.XX.XXX.XXX-2016052016241276
9461-86855127-550d0533777981e5fad46ac77b
edeca59eb268ba5482fd9f972e5b0703c24c923-
N/A-N/A-20160520142852167836