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 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
SERIAL NUMBER |
87091227 |
LAW OFFICE ASSIGNED |
LAW OFFICE 113 |
MARK SECTION |
MARK |
http://uspto.report/TM/87091227/mark.png |
LITERAL ELEMENT |
ARCUS |
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_1086160243-20181105133347161693_._doc08143720181105125758.pdf |
CONVERTED PDF FILE(S)
(6 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0002.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0003.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0004.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0005.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0006.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0007.JPG |
ORIGINAL PDF FILE |
evi_1086160243-20181105133347161693_._doc13130620181105101553.pdf |
CONVERTED PDF FILE(S)
(12 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0008.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0009.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0010.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0011.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0012.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0013.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0014.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0015.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0016.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0017.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0018.JPG |
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\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0019.JPG |
DESCRIPTION OF EVIDENCE FILE |
Applicant is submitting arguments and evidence in support of its contention that there is no partial likelihood of confusion between its ARCUS
mark and the cited registration. |
GOODS AND/OR SERVICES SECTION (007)(current) |
INTERNATIONAL CLASS |
007 |
DESCRIPTION |
Industrial robots; Robotic arms for industrial purposes; Springs being parts of machines; Ball-bearings for machines, namely, robots,
shaft couplings as parts of machines, shaft bearings being parts of machines, Bearing inserts for machines; Plastic processing machines and apparatus; Machines and apparatus for manufacturing rubber
goods; Industrial robots for use in the handling of workpieces; Service Robot; Collaborative Robot; Industrial robots for disaster response |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2016-31868 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
03/23/2016 |
GOODS AND/OR SERVICES SECTION (007)(proposed) |
INTERNATIONAL CLASS |
007 |
TRACKED TEXT DESCRIPTION |
Industrial robots; Industrial robots other than for manufacturing
semiconductors; Robotic arms for industrial purposes; Robotic arms for industrial purposes other than for manufacturing
semiconductors; Springs being parts of machines; Ball-bearings for machines, namely, robots, shaft couplings as parts of machines, shaft bearings
being parts of machines, Bearing inserts for machines; Plastic processing machines and apparatus; Machines and apparatus for manufacturing rubber
goods; Industrial robots for use in the handling of workpieces; Industrial robots for use in assisting with the handling
and supporting of workpieces other than for manufacturing semiconductors; Service Robot; Industrial Service Robot other
than for manufacturing semiconductors; Collaborative Robot; Industrial robot for collaborative purposes other than for
manufacturing semiconductors; Industrial robots for disaster response; Industrial robots for disaster response other than
for manufacturing semiconductors |
FINAL DESCRIPTION |
Industrial robots other than for manufacturing semiconductors; Robotic arms for industrial purposes other than for manufacturing
semiconductors; Springs being parts of machines; Ball-bearings for machines, namely, robots, shaft couplings as parts of machines, shaft bearings being parts of machines, Bearing inserts for
machines; Plastic processing machines and apparatus; Machines and apparatus for manufacturing rubber goods; Industrial robots for use in assisting with the handling and supporting of workpieces other
than for manufacturing semiconductors; Industrial Service Robot other than for manufacturing semiconductors; Industrial robot for collaborative purposes other than for manufacturing semiconductors;
Industrial robots for disaster response other than for manufacturing semiconductors |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2016-31868 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
03/23/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
GOODS AND/OR SERVICES SECTION (009)(current) |
INTERNATIONAL CLASS |
009 |
DESCRIPTION |
Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and instruments for
industrial robots, namely, optical inspection apparatus, cameras, laser scanners; Optical profilers for sensors, Optical profilers for industrial robots; Optical sensors, infrared sensors, namely,
electronic sensors for detecting motion; Pressure sensors; Angle sensors, namely, a device to measure angles using industrial field; Thermal sensors for human detection, namely, heat sensors for
detecting the presence of humans; Position sensors; Motion sensors, heat detectors, proximity sensors; Liquid level sensors; Motion detectors, namely, motion sensitive sensors for pressure measuring
sheets; Alarm sensors, motion sensors for security purpose; Piezoelectric switches; Static electricity sensors; Electric current sensors; Ammeters; Electronic machines, namely, electronic sensors for
measuring pressure, position, heat, not including Geiger counters, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not for medical use, industrial betatrons not for
medical use, magnetic object detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron
microscopes; Conductive tape for electrical purposes; all of the foregoing for use in connection with industrial robots, assisting robots for agricultural purposes, robots for non-medical nursing
care, robots for assisting physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots for entertainment purposes, robots for
disaster-relief purpose, robots for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence, robots for assisting mining, robots for
assisting construction, robots for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for painting, robots for assisting
woodworking, robots for teaching, robots enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural purposes, industrial fishing
purposes, forestry purposes, medical purposes, nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster relief purposes, entertainment
purposes, hobby purposes, education and laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the person wearing the apparatus,
robots for assisting forestry purposes, robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots for security surveillance
purpose, robots for vacuum cleaners use, robots for hobby purposes, robots for education and laboratory purposes; Robots for guarded purpose namely, theft prevention purpose, security surveillance
purpose and security guarding for facilities; Robots for personal use; Robots for hobby use; Robot for non-medical nursing care |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2016-31868 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
03/23/2016 |
GOODS AND/OR SERVICES SECTION (009)(proposed) |
INTERNATIONAL CLASS |
009 |
TRACKED TEXT DESCRIPTION |
Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and
instruments for industrial robots, namely, optical inspection apparatus, cameras, laser scanners; Optical profilers for sensors, Optical profilers for industrial
robots; Optical sensors, infrared sensors, namely, electronic sensors for detecting motion; Pressure sensors; Angle
sensors, namely, a device to measure angles using industrial field; Thermal sensors for human detection, namely, heat sensors for detecting the presence of humans;
Position sensors; Optical sensors for detecting the position of objects; Motion sensors, heat
detectors, proximity sensors; Liquid level sensors; Motion detectors, namely, motion sensitive sensors for pressure measuring sheets;
Alarm sensors, motion sensors for security purpose; Piezoelectric switches; Static electricity sensors; Electric current sensors; Ammeters; Electronic machines, namely, electronic sensors for measuring pressure, position, heat, not including
Geiger counters, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not for medical use, industrial betatrons not for medical use, magnetic object detectors, seismic
exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron microscopes; Conductive
tape for electrical purposes; all of the foregoing for use in connection with industrial robots, assisting robots for agricultural purposes, robots for non-medical nursing
care, robots for assisting physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots for entertainment purposes, robots for
disaster-relief purpose, robots for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence, robots for assisting mining, robots for
assisting construction, robots for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for painting, robots for assisting
woodworking, robots for teaching, robots enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural purposes, industrial fishing
purposes, forestry purposes, medical purposes, nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster relief purposes, entertainment
purposes, hobby purposes, education and laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the person wearing the apparatus,
robots for assisting forestry purposes, robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots for security surveillance
purpose, robots for vacuum cleaners use, robots for hobby purposes, robots for education and laboratory purposes; Robots for guarded purpose namely, theft
prevention purpose, security surveillance purpose and security guarding for facilities; Robots for guarding purpose namely, theft prevention purposes, security
surveillance purposes and security guarding for facilities, and not for industrial, medical purposes or for use as a toy; Robots for personal use;
Robots for personal entertainment use and not for industrial, medical purposes or for use as a toy; Robots for hobby
use; Robots for hobby use and not for industrial, medical purposes or for use as a toy; Robot for non-medical nursing
care; Piezoelectric switches; high frequency apparatus for welding; electronic
door closing control systems, conductive tape for sensors, conductive tape for industrial robots |
FINAL DESCRIPTION |
Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and instruments for
industrial robots, namely, optical inspection apparatus, cameras, laser scanners; Optical profilers for sensors, Optical profilers for industrial robots; Optical sensors, infrared sensors, namely,
electronic sensors for detecting motion; Pressure sensors; Angle sensors, namely, a device to measure angles using industrial field; Thermal sensors for human detection, namely, heat sensors for
detecting the presence of humans; Optical sensors for detecting the position of objects; Motion sensors, heat detectors, proximity sensors; Liquid level sensors; Motion detectors, namely, motion
sensitive sensors for pressure measuring sheets; Alarm sensors, motion sensors for security purpose; Piezoelectric switches; Static electricity sensors; Electric current sensors; Ammeters; Electronic
machines, namely, electronic sensors for measuring pressure, position, heat, not including Geiger counters, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not for
medical use, industrial betatrons not for medical use, magnetic object detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw
detectors, ultrasonic sensors, and electron microscopes; Conductive tape for electrical purposes; all of the foregoing for use in connection with industrial robots, assisting robots for agricultural
purposes, robots for non-medical nursing care, robots for assisting physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots
for entertainment purposes, robots for disaster-relief purpose, robots for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence,
robots for assisting mining, robots for assisting construction, robots for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for
painting, robots for assisting woodworking, robots for teaching, robots enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural
purposes, industrial fishing purposes, forestry purposes, medical purposes, nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster
relief purposes, entertainment purposes, hobby purposes, education and laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the
person wearing the apparatus, robots for assisting forestry purposes, robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots
for security surveillance purpose, robots for vacuum cleaners use, robots for hobby purposes, robots for education and laboratory purposes; Robots for guarding purpose namely, theft prevention
purposes, security surveillance purposes and security guarding for facilities, and not for industrial, medical purposes or for use as a toy; Robots for personal entertainment use and not for
industrial, medical purposes or for use as a toy; Robots for hobby use and not for industrial, medical purposes or for use as a toy; Piezoelectric switches; high frequency apparatus for welding;
electronic door closing control systems, conductive tape for sensors, conductive tape for industrial robots |
FILING BASIS |
Section 1(b) |
FILING BASIS |
Section 44(d) |
FOREIGN APPLICATION NUMBER |
2016-31868 |
FOREIGN APPLICATION COUNTRY |
Japan |
FOREIGN FILING DATE |
03/23/2016 |
INTENT TO
PERFECT 44(d)
|
At this time, the applicant intends to rely on Section 44(e) as a basis for registration and requests that the application be suspended to await
the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained. |
ADDITIONAL STATEMENTS SECTION |
MISCELLANEOUS STATEMENT |
The Examiner requested that Applicant clarify which goods are supported by which foreign registration. Accordingly, Applicant is attaching a
document hereto which identifies which goods are supported by which foreign registration. |
MISCELLANEOUS FILE NAME(S) |
ORIGINAL PDF FILE |
mis-1086160243-20181105133347161693_._doc08144020181105125903.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0020.JPG |
|
\\TICRS\EXPORT17\IMAGEOUT17\870\912\87091227\xml8\ROA0021.JPG |
SIGNATURE SECTION |
RESPONSE SIGNATURE |
/Lindsey S. Leibowitz/ |
SIGNATORY'S NAME |
Lindsey S. Leibowitz |
SIGNATORY'S POSITION |
Attorney for Applicant, NYS Bar Member |
SIGNATORY'S PHONE NUMBER |
914-723-4300 |
DATE SIGNED |
11/05/2018 |
AUTHORIZED SIGNATORY |
YES |
FILING INFORMATION SECTION |
SUBMIT DATE |
Mon Nov 05 13:51:28 EST 2018 |
TEAS STAMP |
USPTO/ROA-XXX.X.XXX.XXX-2
0181105135128114279-87091
227-610cf97c43ca4132fee3e
0991ca37b41cffddfb2ef5444
9328e0c1db502aa42d1e-N/A-
N/A-20181105133347161693 |
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 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
87091227 ARCUS(Standard Characters, see http://uspto.report/TM/87091227/mark.png) has been amended as follows:
EVIDENCE
Evidence in the nature of Applicant is submitting arguments and evidence in support of its contention that there is no partial likelihood of confusion between its ARCUS mark and the cited
registration. has been attached.
Original PDF file:
evi_1086160243-20181105133347161693_._doc08143720181105125758.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_1086160243-20181105133347161693_._doc13130620181105101553.pdf
Converted PDF file(s) ( 12 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 007 for Industrial robots; Robotic arms for industrial purposes; Springs being parts of machines; Ball-bearings for machines, namely, robots, shaft couplings as parts of
machines, shaft bearings being parts of machines, Bearing inserts for machines; Plastic processing machines and apparatus; Machines and apparatus for manufacturing rubber goods; Industrial robots for
use in the handling of workpieces; Service Robot; Collaborative Robot; Industrial robots for disaster response
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[ Japan application number 2016-31868 filed 03/23/2016]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Industrial robots;
Industrial robots other than for manufacturing semiconductors;
Robotic arms for industrial purposes;
Robotic arms for industrial purposes other than for manufacturing semiconductors;
Springs being parts of machines;
Ball-bearings for machines, namely, robots, shaft couplings as parts of machines, shaft bearings being parts of
machines, Bearing inserts for machines;
Plastic processing machines and apparatus;
Machines and apparatus for manufacturing rubber goods;
Industrial robots for use in the handling of workpieces;
Industrial robots for use in assisting with the handling and
supporting of workpieces other than for manufacturing semiconductors;
Service Robot;
Industrial Service Robot other than
for manufacturing semiconductors;
Collaborative Robot;
Industrial robot for collaborative purposes other than for
manufacturing semiconductors;
Industrial robots for disaster response;
Industrial robots for disaster response other than
for manufacturing semiconductorsClass 007 for Industrial robots other than for manufacturing semiconductors; Robotic arms for industrial purposes other than for manufacturing semiconductors;
Springs being parts of machines; Ball-bearings for machines, namely, robots, shaft couplings as parts of machines, shaft bearings being parts of machines, Bearing inserts for machines; Plastic
processing machines and apparatus; Machines and apparatus for manufacturing rubber goods; Industrial robots for use in assisting with the handling and supporting of workpieces other than for
manufacturing semiconductors; Industrial Service Robot other than for manufacturing semiconductors; Industrial robot for collaborative purposes other than for manufacturing semiconductors; Industrial
robots for disaster response other than for manufacturing semiconductors
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 [ Japan application number 2016-31868 filed 03/23/2016]. 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 and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §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 009 for Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and instruments for industrial robots, namely, optical
inspection apparatus, cameras, laser scanners; Optical profilers for sensors, Optical profilers for industrial robots; Optical sensors, infrared sensors, namely, electronic sensors for detecting
motion; Pressure sensors; Angle sensors, namely, a device to measure angles using industrial field; Thermal sensors for human detection, namely, heat sensors for detecting the presence of humans;
Position sensors; Motion sensors, heat detectors, proximity sensors; Liquid level sensors; Motion detectors, namely, motion sensitive sensors for pressure measuring sheets; Alarm sensors, motion
sensors for security purpose; Piezoelectric switches; Static electricity sensors; Electric current sensors; Ammeters; Electronic machines, namely, electronic sensors for measuring pressure, position,
heat, not including Geiger counters, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not for medical use, industrial betatrons not for medical use, magnetic object
detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron microscopes; Conductive tape for
electrical purposes; all of the foregoing for use in connection with industrial robots, assisting robots for agricultural purposes, robots for non-medical nursing care, robots for assisting
physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots for entertainment purposes, robots for disaster-relief purpose, robots
for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence, robots for assisting mining, robots for assisting construction, robots
for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for painting, robots for assisting woodworking, robots for teaching, robots
enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural purposes, industrial fishing purposes, forestry purposes, medical purposes,
nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster relief purposes, entertainment purposes, hobby purposes, education and
laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the person wearing the apparatus, robots for assisting forestry purposes,
robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots for security surveillance purpose, robots for vacuum cleaners use,
robots for hobby purposes, robots for education and laboratory purposes; Robots for guarded purpose namely, theft prevention purpose, security surveillance purpose and security guarding for
facilities; Robots for personal use; Robots for hobby use; Robot for non-medical nursing care
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[ Japan application number 2016-31868 filed 03/23/2016]. 15 U.S.C.Section 1126(d), as amended.
Proposed:
Tracked Text Description: Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and instruments for industrial robots,
namely, optical inspection apparatus, cameras, laser scanners;
Optical profilers for sensors, Optical profilers for industrial robots;
Optical
sensors, infrared sensors, namely, electronic sensors for detecting motion;
Pressure sensors;
Angle sensors, namely, a device to measure angles
using industrial field;
Thermal sensors for human detection, namely, heat sensors for detecting the presence of humans;
Position
sensors;
Optical sensors for detecting the position of objects;
Motion sensors, heat detectors, proximity sensors;
Liquid level sensors;
Motion detectors, namely, motion sensitive sensors for pressure measuring sheets;
Alarm sensors, motion sensors for
security purpose;
Piezoelectric switches;
Static electricity sensors;
Electric current sensors;
Ammeters;
Electronic machines, namely, electronic sensors for measuring pressure, position, heat, not including Geiger counters, cyclotrons not for medical
purposes, industrial X-ray machines and apparatus not for medical use, industrial betatrons not for medical use, magnetic object detectors, seismic exploration machines and apparatus, hydrophone
machines and apparatus, echo sounders, ultrasonic flaw detectors, ultrasonic sensors, and electron microscopes;
Conductive tape for electrical purposes;
all of the foregoing for use in connection with industrial robots, assisting robots for agricultural purposes, robots for non-medical nursing care, robots for assisting
physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots for entertainment purposes, robots for disaster-relief purpose, robots
for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence, robots for assisting mining, robots for assisting construction, robots
for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for painting, robots for assisting woodworking, robots for teaching, robots
enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural purposes, industrial fishing purposes, forestry purposes, medical purposes,
nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster relief purposes, entertainment purposes, hobby purposes, education and
laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the person wearing the apparatus, robots for assisting forestry purposes,
robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots for security surveillance purpose, robots for vacuum cleaners use,
robots for hobby purposes, robots for education and laboratory purposes;
Robots for guarded purpose namely, theft prevention purpose, security surveillance
purpose and security guarding for facilities;
Robots for guarding purpose namely, theft prevention purposes, security surveillance purposes and security
guarding for facilities, and not for industrial, medical purposes or for use as a toy;
Robots for personal use;
Robots
for personal entertainment use and not for industrial, medical purposes or for use as a toy;
Robots for hobby use;
Robots for hobby use and not for industrial, medical purposes or for use as a toy;
Robot for non-medical nursing care;
Piezoelectric switches;
high frequency apparatus for welding;
electronic door closing control systems,
conductive tape for sensors, conductive tape for industrial robotsClass 009 for Optical apparatus and instruments for sensors, namely, optical lenses, optical reflectors, Optical apparatus and
instruments for industrial robots, namely, optical inspection apparatus, cameras, laser scanners; Optical profilers for sensors, Optical profilers for industrial robots; Optical sensors, infrared
sensors, namely, electronic sensors for detecting motion; Pressure sensors; Angle sensors, namely, a device to measure angles using industrial field; Thermal sensors for human detection, namely, heat
sensors for detecting the presence of humans; Optical sensors for detecting the position of objects; Motion sensors, heat detectors, proximity sensors; Liquid level sensors; Motion detectors, namely,
motion sensitive sensors for pressure measuring sheets; Alarm sensors, motion sensors for security purpose; Piezoelectric switches; Static electricity sensors; Electric current sensors; Ammeters;
Electronic machines, namely, electronic sensors for measuring pressure, position, heat, not including Geiger counters, cyclotrons not for medical purposes, industrial X-ray machines and apparatus not
for medical use, industrial betatrons not for medical use, magnetic object detectors, seismic exploration machines and apparatus, hydrophone machines and apparatus, echo sounders, ultrasonic flaw
detectors, ultrasonic sensors, and electron microscopes; Conductive tape for electrical purposes; all of the foregoing for use in connection with industrial robots, assisting robots for agricultural
purposes, robots for non-medical nursing care, robots for assisting physically disabled individuals and the elderly, robots for security and premises guarding and theft prevention purposes, robots
for entertainment purposes, robots for disaster-relief purpose, robots for operating metalworking machines purpose, humanoid robots with artificial intelligence, robots with artificial intelligence,
robots for assisting mining, robots for assisting construction, robots for assisting loading-unloading for burden, robots for assisting lumbering, robot for assisting industrial fishing, robots for
painting, robots for assisting woodworking, robots for teaching, robots enhancing physical abilities extend to lift, move and hold assisting human activities for industrial purpose, agricultural
purposes, industrial fishing purposes, forestry purposes, medical purposes, nursing care purposes, security purposes, surgical purpose, security surveillance purpose, vacuum cleaners use, disaster
relief purposes, entertainment purposes, hobby purposes, education and laboratory purposes, robotic exoskeleton apparatus worn by humans for the purpose of enhancing the strength and endurance of the
person wearing the apparatus, robots for assisting forestry purposes, robots for medical purposes, robots for nursing care purposes, robots for security purposes, robots for surgical purpose, robots
for security surveillance purpose, robots for vacuum cleaners use, robots for hobby purposes, robots for education and laboratory purposes; Robots for guarding purpose namely, theft prevention
purposes, security surveillance purposes and security guarding for facilities, and not for industrial, medical purposes or for use as a toy; Robots for personal entertainment use and not for
industrial, medical purposes or for use as a toy; Robots for hobby use and not for industrial, medical purposes or for use as a toy; Piezoelectric switches; high frequency apparatus for welding;
electronic door closing control systems, conductive tape for sensors, conductive tape for industrial robots
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 [ Japan application number 2016-31868 filed 03/23/2016]. 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 and requests that the application be suspended to await the submission of the
foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.
ADDITIONAL STATEMENTS
Miscellaneous Statement
The Examiner requested that Applicant clarify which goods are supported by which foreign registration. Accordingly, Applicant is attaching a document hereto which identifies which goods are supported
by which foreign registration.
Original PDF file:
mis-1086160243-20181105133347161693_._doc08144020181105125903.pdf
Converted PDF file(s) ( 2 pages)
Miscellaneous File1
Miscellaneous File2
SIGNATURE(S)
Response Signature
Signature: /Lindsey S. Leibowitz/ Date: 11/05/2018
Signatory's Name: Lindsey S. Leibowitz
Signatory's Position: Attorney for Applicant, NYS Bar Member
Signatory's Phone Number: 914-723-4300
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: 87091227
Internet Transmission Date: Mon Nov 05 13:51:28 EST 2018
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2018110513512811
4279-87091227-610cf97c43ca4132fee3e0991c
a37b41cffddfb2ef54449328e0c1db502aa42d1e
-N/A-N/A-20181105133347161693