Response to Office Action

BACTRACK

KHN Solutions, Inc.

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)

Response to Office Action


The table below presents the data as entered.

Input Field
Entered
SERIAL NUMBER 87071473
LAW OFFICE ASSIGNED LAW OFFICE 119
MARK SECTION
MARK http://uspto.report/TM/87071473/mark.png
LITERAL ELEMENT BACTRACK
STANDARD CHARACTERS YES
USPTO-GENERATED IMAGE YES
MARK STATEMENT The mark consists of standard characters, without claim to any particular font style, size or color.
EVIDENCE SECTION
        EVIDENCE FILE NAME(S)
       ORIGINAL PDF FILE evi_19294203253-20170320185134042044_._Response_to_OA_BACTRACK.pdf
       CONVERTED PDF FILE(S)
       (5 pages)
\\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0002.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0003.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0004.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0005.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0006.JPG
       ORIGINAL PDF FILE evi_1-19294203253-20170320185134042044_._Exhibit_A_BACTRACK.pdf
       CONVERTED PDF FILE(S)
       (3 pages)
\\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0007.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0008.JPG
        \\TICRS\EXPORT17\IMAGEOUT17\870\714\87071473\xml4\ROA0009.JPG
DESCRIPTION OF EVIDENCE FILE Argument and Exhibit A
GOODS AND/OR SERVICES SECTION (009)(current)
INTERNATIONAL CLASS 009
DESCRIPTION
Apparatus for recording, transmission, processing and reproduction of sound, images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing sound, images or data in connection with the foregoing goods
FILING BASIS Section 1(a)
        FIRST USE ANYWHERE DATE At least as early as 04/23/2013
        FIRST USE IN COMMERCE DATE At least as early as 04/23/2013
GOODS AND/OR SERVICES SECTION (009)(proposed)
INTERNATIONAL CLASS 009
TRACKED TEXT DESCRIPTION
Apparatus for recording, transmission, processing and reproduction of sound, images or data; Apparatus for recording, transmission, processing and reproduction of images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing sound, images or data in connection with the foregoing goods; software for recording, transmitting, processing and reproducing images or data in connection with the foregoing goods; none of the foregoing being for recording, transmission, production, reproduction and/or playback of sound; and none of the foregoing being touch pads
FINAL DESCRIPTION
Apparatus for recording, transmission, processing and reproduction of images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing images or data in connection with the foregoing goods; none of the foregoing being for recording, transmission, production, reproduction and/or playback of sound; and none of the foregoing being touch pads
FILING BASIS Section 1(a)
       FIRST USE ANYWHERE DATE At least as early as 04/23/2013
       FIRST USE IN COMMERCE DATE At least as early as 04/23/2013
GOODS AND/OR SERVICES SECTION (010)(no change)
SIGNATURE SECTION
RESPONSE SIGNATURE /Paula E. Hopkins/
SIGNATORY'S NAME Paula E. Hopkins
SIGNATORY'S POSITION Attorney of Record, Venable LLP, New York bar member
DATE SIGNED 03/20/2017
AUTHORIZED SIGNATORY YES
FILING INFORMATION SECTION
SUBMIT DATE Mon Mar 20 19:09:30 EDT 2017
TEAS STAMP USPTO/ROA-XXX.XX.XXX.XXX-
20170320190930734116-8707
1473-58024a873d95ce23b152
9bd9f7c81686fc2dafb7d3450
a0adad5845e01471b46-N/A-N
/A-20170320185134042044



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. 87071473 BACTRACK(Standard Characters, see http://uspto.report/TM/87071473/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Argument and Exhibit A has been attached.
Original PDF file:
evi_19294203253-20170320185134042044_._Response_to_OA_BACTRACK.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_1-19294203253-20170320185134042044_._Exhibit_A_BACTRACK.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Apparatus for recording, transmission, processing and reproduction of sound, images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing sound, images or data in connection with the foregoing goods
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 04/23/2013 and first used in commerce at least as early as 04/23/2013 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Apparatus for recording, transmission, processing and reproduction of sound, images or data; Apparatus for recording, transmission, processing and reproduction of images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing sound, images or data in connection with the foregoing goods; software for recording, transmitting, processing and reproducing images or data in connection with the foregoing goods; none of the foregoing being for recording, transmission, production, reproduction and/or playback of sound; and none of the foregoing being touch padsClass 009 for Apparatus for recording, transmission, processing and reproduction of images or data; data-processing apparatus; calculating machines; computer-peripheral devices; computers; wearable computers; software for recording, transmitting, processing and reproducing images or data in connection with the foregoing goods; none of the foregoing being for recording, transmission, production, reproduction and/or playback of sound; and none of the foregoing being touch pads
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 04/23/2013 and first used in commerce at least as early as 04/23/2013 , and is now in use in such commerce.
SIGNATURE(S)
Response Signature
Signature: /Paula E. Hopkins/     Date: 03/20/2017
Signatory's Name: Paula E. Hopkins
Signatory's Position: Attorney of Record, Venable LLP, New York bar member

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: 87071473
Internet Transmission Date: Mon Mar 20 19:09:30 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201703201909307
34116-87071473-58024a873d95ce23b1529bd9f
7c81686fc2dafb7d3450a0adad5845e01471b46-
N/A-N/A-20170320185134042044


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