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
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87040210 |
LAW OFFICE ASSIGNED |
LAW OFFICE 110 |
MARK SECTION |
MARK FILE NAME |
http://uspto.report/TM/87040210/mark.png |
LITERAL ELEMENT |
DAYDREAM |
STANDARD CHARACTERS |
NO |
USPTO-GENERATED IMAGE |
NO |
COLOR(S) CLAIMED
(If applicable) |
The color(s) green and blue is/are claimed as a feature of the mark. |
DESCRIPTION OF THE MARK
(and Color Location, if applicable) |
The mark consists of a stylized cloud in blue and green with the word DAYDREAM in gray. |
ARGUMENT(S) |
In the Office Action, the Examiner cited an earlier filed pending application Serial No. 86834132. This mark has been assigned to and belongs to
the Applicant, and we respectfully request that this application, Serial No. 87040210, proceed to publication. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
handheld computers; mobile devices; virtual reality controllers and headsets; headsets for mobile phones; wearable peripherals for
computers, tablet computers, mobile devices and mobile telephones; virtual reality software; computer software platform for browsing, transmitting, visualizing, manipulating, and displaying virtual
reality media; computer software for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for browsing, transmitting, and downloading virtual
reality apps; computer software for enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide virtual reality experiences;
computer software for mobile phones, namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual reality media |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Handheld computers; mobile devices; mobile devices, namely, mobile phones, tablet computers, and mobile computers; virtual reality controllers and headsets; headsets for mobile
phones; wearable peripherals for computers, tablet computers, mobile devices and mobile telephones; virtual reality software;
virtual reality software for use in enabling computers, video game consoles, tablet computers, mobile phones, and headsets to provide virtual reality
experiences; computer software platform for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer
software for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for browsing, transmitting, and downloading virtual
reality apps; computer software for enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide
virtual reality experiences; computer software for mobile phones, namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual
reality media |
FINAL DESCRIPTION |
Handheld computers; mobile devices, namely, mobile phones, tablet computers, and mobile computers; virtual reality controllers and
headsets; headsets for mobile phones; wearable peripherals for computers, tablet computers, mobile devices and mobile telephones; virtual reality software for use in enabling computers, video game
consoles, tablet computers, mobile phones, and headsets to provide virtual reality experiences; computer software platform for browsing, transmitting, visualizing, manipulating, and displaying
virtual reality media; computer software for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for browsing, transmitting, and downloading
virtual reality apps; computer software for enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide virtual reality
experiences; computer software for mobile phones, namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual reality media |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(current) |
INTERNATIONAL CLASS |
042 |
DESCRIPTION |
design and development of virtual reality software, virtual reality hardware; providing temporary use of non-downloadable software for
browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual
reality apps |
FILING BASIS |
Section 1(b) |
GOODS AND/OR SERVICES SECTION (042)(proposed) |
INTERNATIONAL CLASS |
042 |
TRACKED TEXT DESCRIPTION |
design and development of virtual reality software, virtual reality hardware; Design and development of virtual reality software and virtual reality hardware; providing temporary use of non-downloadable software for browsing, transmitting,
visualizing, manipulating, and displaying virtual reality media; providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual
reality apps |
FINAL DESCRIPTION |
Design and development of virtual reality software and virtual reality hardware; providing temporary use of non-downloadable software
for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual
reality apps |
FILING BASIS |
Section 1(b) |
ADDITIONAL STATEMENTS SECTION |
COLOR(S) CLAIMED
(If applicable) |
The color(s) green, blue and gray is/are claimed as a feature of the mark. |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Christine Hsieh/ |
SIGNATORY'S NAME |
Christine Hsieh |
SIGNATORY'S POSITION |
Google trademark counsel; Attorney of record, CA bar member |
SIGNATORY'S PHONE NUMBER |
650-253-0000 |
DATE SIGNED |
11/02/2016 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Wed Nov 02 16:02:27 EDT 2016 |
TEAS STAMP |
USPTO/ROA-XXX.XXX.X.XX-20
161102160227472774-870402
10-5705565c992413398368df
b057c2f76cc01bcec33ad2da1
fd1b2b4576e4e67189-N/A-N/
A-20161102151440855466 |
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.
87040210 DAYDREAM (Stylized and/or with Design, see http://uspto.report/TM/87040210/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
In the Office Action, the Examiner cited an earlier filed pending application Serial No. 86834132. This mark has been assigned to and belongs to the Applicant, and we respectfully request that this
application, Serial No. 87040210, proceed to publication.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for handheld computers; mobile devices; virtual reality controllers and headsets; headsets for mobile phones; wearable peripherals for computers, tablet computers, mobile
devices and mobile telephones; virtual reality software; computer software platform for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for
browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for browsing, transmitting, and downloading virtual reality apps; computer software for
enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide virtual reality experiences; computer software for mobile phones,
namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual reality media
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: Handheld computers;
mobile devices;
mobile devices, namely, mobile
phones, tablet computers, and mobile computers;
virtual reality controllers and headsets;
headsets for mobile phones;
wearable peripherals for computers, tablet computers, mobile devices and mobile telephones;
virtual reality software;
virtual reality software for use in enabling computers, video game consoles, tablet computers, mobile phones, and headsets to provide virtual reality experiences;
computer software platform for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media;
computer software for browsing,
transmitting, visualizing, manipulating, and displaying virtual reality media;
computer software for browsing, transmitting, and downloading virtual reality apps;
computer software for enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide virtual reality
experiences;
computer software for mobile phones, namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual reality
mediaClass 009 for Handheld computers; mobile devices, namely, mobile phones, tablet computers, and mobile computers; virtual reality controllers and headsets; headsets for mobile phones;
wearable peripherals for computers, tablet computers, mobile devices and mobile telephones; virtual reality software for use in enabling computers, video game consoles, tablet computers, mobile
phones, and headsets to provide virtual reality experiences; computer software platform for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software
for browsing, transmitting, visualizing, manipulating, and displaying virtual reality media; computer software for browsing, transmitting, and downloading virtual reality apps; computer software for
enabling computers, video game consoles, handheld video game consoles, tablet computers, mobile devices, and mobile phones to provide virtual reality experiences; computer software for mobile phones,
namely, software for browsing, discovering, downloading, and viewing virtual reality apps and virtual reality media
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 proposes to amend the following class of goods/services in the application:
Current: Class 042 for design and development of virtual reality software, virtual reality hardware; providing temporary use of non-downloadable software for browsing, transmitting,
visualizing, manipulating, and displaying virtual reality media; providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual reality apps
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: design and development of virtual reality software, virtual reality hardware;
Design and
development of virtual reality software and virtual reality hardware;
providing temporary use of non-downloadable software for browsing, transmitting, visualizing,
manipulating, and displaying virtual reality media;
providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual reality
appsClass 042 for Design and development of virtual reality software and virtual reality hardware; providing temporary use of non-downloadable software for browsing, transmitting, visualizing,
manipulating, and displaying virtual reality media; providing temporary use of non-downloadable software for browsing, transmitting, and downloading virtual reality apps
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.
ADDITIONAL STATEMENTS
Color Claim
The color(s) green, blue and gray is/are claimed as a feature of the mark.
SIGNATURE(S)
Response Signature
Signature: /Christine Hsieh/ Date: 11/02/2016
Signatory's Name: Christine Hsieh
Signatory's Position: Google trademark counsel; Attorney of record, CA bar member
Signatory's Phone Number: 650-253-0000
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: 87040210
Internet Transmission Date: Wed Nov 02 16:02:27 EDT 2016
TEAS Stamp: USPTO/ROA-XXX.XXX.X.XX-20161102160227472
774-87040210-5705565c992413398368dfb057c
2f76cc01bcec33ad2da1fd1b2b4576e4e67189-N
/A-N/A-20161102151440855466