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. 86953560 LG (Stylized and/or with Design, see http://uspto.report/TM/86953560/mark.png) 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 Solar cells; Solar panels for production of electricity; Solar modules; Solar cell plates; Solar cell panels; Batteries; Solar energy storage devices; Electric control devices for energy management; Apparatus for measuring electric energy consumption; Electricity controller for managing electricity energy; Energy storage apparatus comprised of batteries; Energy storage system for domestic use; Measuring and control devices for air conditioning technology; Automatic heat control apparatus, namely, thermostats; Electronic control apparatus for managing and optimizing energy loads within a building; Optical film for display; Optical film for lighting regulators; Computer software used to protect and back up computer files, and to recover and restore deleted and overwritten files; Cameras for personal computer (PC); Voice recorders; TV cable for mobile phone; Stereo ear mike for mobile phone; LED diode cluster lamps; Wafer level package; Remote controllers for washing machines; Wireless cameras; Computer software for virtual reality game; Wearable telecommunication devices for the wireless receipt, storage and/or transmission of data and messages; Head-mounted video display apparatus
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 402016002178 filed 03/24/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Solar cells; Solar panels for production of electricity; Solar modules; Photovoltaic solar modules for production of electricity; Solar cell plates; Solar cell panels; Batteries; Solar energy storage devices; Solar energy storage devices, namely, solar panels for the storage of solar energy; Electric control devices for energy management; Apparatus for measuring electric energy consumption; Apparatus for measuring electric energy consumption, namely, watt-hour meters; Electricity controller for managing electricity energy; Energy storage apparatus comprised of batteries; Energy storage system for domestic use; Energy storage system for domestic use comprised primarily of batteries and ultracapacitor, and photovoltaic modules; Measuring and control devices for air conditioning technology; Automatic heat control apparatus, namely, thermostats; Electronic control apparatus for managing and optimizing energy loads within a building; Electronic control apparatus, namely, electronic controllers for use with power converters and power controllers for managing and optimizing energy loads within a building; Optical film for display; Optical film for display, namely, polarizing film and retardation film; Optical film for lighting regulators; Computer software used to protect and back up computer files, and to recover and restore deleted and overwritten files; Cameras for personal computer (PC); Voice recorders; Digital voice recorders; TV cable for mobile phone; Stereo ear mike for mobile phone; LED diode cluster lamps; Wafer level package comprising solar wafers; Wafer level package; Remote controllers for washing machines; Wireless cameras; Computer software for virtual reality game; Wearable telecommunication devices in the nature of smartphones, smart watches, and tablet computers for the wireless receipt, storage and/or transmission of data and messages; Wearable telecommunication devices for the wireless receipt, storage and/or transmission of data and messages; Head-mounted video display apparatus; Smart watches; Smart watches with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and informationClass 009 for Solar cells; Solar panels for production of electricity; Photovoltaic solar modules for production of electricity; Solar cell plates; Solar cell panels; Batteries; Solar energy storage devices, namely, solar panels for the storage of solar energy; Electric control devices for energy management; Apparatus for measuring electric energy consumption, namely, watt-hour meters; Electricity controller for managing electricity energy; Energy storage apparatus comprised of batteries; Energy storage system for domestic use comprised primarily of batteries and ultracapacitor, and photovoltaic modules; Measuring and control devices for air conditioning technology; Automatic heat control apparatus, namely, thermostats; Electronic control apparatus, namely, electronic controllers for use with power converters and power controllers for managing and optimizing energy loads within a building; Optical film for display, namely, polarizing film and retardation film; Optical film for lighting regulators; Computer software used to protect and back up computer files, and to recover and restore deleted and overwritten files; Cameras for personal computer (PC); Digital voice recorders; TV cable for mobile phone; Stereo ear mike for mobile phone; Wafer level package comprising solar wafers; Remote controllers for washing machines; Wireless cameras; Computer software for virtual reality game; Wearable telecommunication devices in the nature of smartphones, smart watches, and tablet computers for the wireless receipt, storage and/or transmission of data and messages; Head-mounted video display apparatus; Smart watches; Smart watches with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information
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 402016002178 filed 03/24/2016]. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for Electric fan; Electric pressure cooker, Electric rice cooker; Electric massage chair for household purposes; Electric massage apparatus for household use; Electric clothing management machines having the functions of deodorizing, sterilizing and steaming garments for household purposes
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 402016002178 filed 03/24/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Electric fan; Electric pressure cooker, Electric rice cooker; Electric massage chair for household purposes; Electric clothing management machines having the functions of deodorizing, sterilizing and steaming garments for household purposes; Electric massage apparatus for household use; LED diode cluster lampsClass 011 for Electric fan; Electric pressure cooker, Electric rice cooker; Electric clothing management machines having the functions of deodorizing, sterilizing and steaming garments for household purposes; LED diode cluster lamps
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 402016002178 filed 03/24/2016]. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 014 for Smart watches; Watches; Wristwatches; Watches with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Jewelry, namely, wrist bands with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Bracelets with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Rings with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Earrings with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Necklaces with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Precious metals with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Watches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watchbands that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information; Wearable digital electronic devices comprised primarily of a wristwatch and also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers; Watch chains; Watch bands; Electronic clocks and watches; Parts for watches; Necklaces; Bracelets; key rings of precious metal; Rings
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 402016002178 filed 03/24/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Smart watches; Watches; Wristwatches; Watches with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Watches with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Jewelry, namely, wrist bands with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Jewelry, namely, wrist bands with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Bracelets with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Bracelets with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Rings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Rings with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Earrings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Earrings with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Necklaces with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Necklaces with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Precious metals with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Precious metals with the functions to measure/analyze/storage/transmit data relating to physiology/body/activity of the users; Watches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watchbands that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Wearable digital electronic devices comprised primarily of a wristwatch and also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers; Smart watches comprised primarily of a wristwatch also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information; Watch chains; Watch bands; Electronic clocks and watches; Parts for watches; Necklaces; Bracelets; key rings of precious metal; RingsClass 014 for Watches; Wristwatches; Watches with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Jewelry, namely, wrist bands with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Bracelets with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Rings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Earrings with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Necklaces with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Precious metals with the functions to measure, analyze, store and transmit data relating to physiology/body/activity of the users; Watches that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Watchbands that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Bracelets that communicate data to personal digital assistants, smart phones, tablet computers and personal computers through internet websites and other computer and electronic communication networks; Wearable digital electronic devices comprised primarily of a wristwatch and also featuring a telephone, software and display screens for viewing, sending and receiving texts, emails, data and information from smart phones, tablet computers and portable computers; Watch chains; Watch bands; Electronic clocks and watches; Parts for watches; Necklaces; Bracelets; key rings of precious metal; Rings
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 402016002178 filed 03/24/2016]. 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.

Applicant hereby adds the following class of goods/services to the application:
New: Class 010 for Electric massage chair for household purposes; Electric massage apparatus for household use
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 402016002178 filed 03/24/2016]. 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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
CLARIFICATION OF FILING/REGISTRATION BASIS: The Applicant responds that it intends to rely upon both the intent-to-use filing basis under Section 1(b), as well as the Section 44(d) priority basis. Applicant notes that the foreign registration has not yet issued, and will select either the Section 1(b) or Section 44(e) basis upon the completion of the prosecution of Korean priority application 40-2016-0021782. REMARKS: Applicant thanks the examining attorney for the thorough consideration given the present application. Applicant has amended the identification of goods as suggested in the Office Action and clarified the registration/filing basis herein. There being no other issues raised in the Office Action, applicant believes that the present application will be in condition for publication as soon as a basis is elected. An early Notice of Publication thereafter is respectfully requested. If the examining attorney has any questions concerning this application, the examining attorney is requested to contact Robert J. Kenney at (703) 205-8000 in the Washington, D.C. area.


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

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: 12/22/2016
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of record, VA bar member
Signatory's Phone Number: 703-205-8000


Response Signature
Signature: /Robert J. Kenney/     Date: 12/22/2016
Signatory's Name: Robert J. Kenney
Signatory's Position: Attorney of record, VA bar member

Signatory's Phone Number: 703-205-8000

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.

        
RAM Sale Number: 86953560
RAM Accounting Date: 12/22/2016
        
Serial Number: 86953560
Internet Transmission Date: Thu Dec 22 06:17:27 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2016122206172767
4939-86953560-570ba10375bafee8512602711b
34b0681eb18c3adb8b2b556452d754da293453e-
CC-24041-20161222060611935187