TEAS Response to Suspension Inquiry

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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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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 1822 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Suspension Inquiry or Letter of Suspension

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:
FOREIGN REGISTRATION
The applicant herein submits a digitized image of a copy, a certification, or a certified copy of a registration in the applicant's country of origin showing that the mark has been registered in that country, and that the registration is in full force and effect. If the foreign registration is not in English, an English translation thereof is being submitted. The applicant hereby requests removal of this application from suspension for further action by the examining attorney.

The applicant requests that the examining attorney delete the Section 1(b) basis for the goods and/or services that the foreign registration submitted herewith covers, IF the Section 44(e) basis is accepted for those goods and/or services.

Filing Basis: Section 44(e), Based on Foreign Registration: A copy of Japan registration number 5930354 registered 03/10/2017, with a renewal date of __________ and an expiration date of 03/10/2027, and translation thereof (if appropriate), is attached in accordance with 15 U.S.C. Section 1126(e), as amended.
Original PDF file:
FR_1086160243-211158785_._ARCUS_Japanese_RN_5930354_IC_7__9_regn_certificate_19678.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
Original PDF file:
FR_1086160243-211158785_._ARCUS_Japanese_RN_5930354_IC_7__9_translation_19678.pdf
Converted PDF file(s) (2 pages)
Foreign Registration-1
Foreign Registration-2
Comment(s)/Remark(s):

The Sec. 44(e) claim for this application is based upon two Japanese registrations:

Japanese RN 5930354 in ICs 7 and 9, registered 03/10/2017, expiring 03/10/2027, in standard characters,

and

Japanese RN 5978095 in IC 9, registered 09/08/2017, expiring 09/08/2027, in standard characters.

Signed translations for both sets of registrations are attached to this response.  The two-class registration documents are attached to the TEAS form template; the IC 9-only registration documents are attached separately, as part of these comments/remarks.

Original PDF file:
FRR_1086160243-211158785_._ARCUS_Japanese_RN_5978095_IC_9_regn_certificate_19678.pdf
Converted PDF file(s) (2 pages)
Foreign Remark File1
Foreign Remark File2
Original PDF file:
FRR_1086160243-211158785_._ARCUS_Japanese_RN_5978095_IC_9_translation_19678.pdf
Converted PDF file(s) (1 page)
Foreign Remark File1
The foreign registration that is the basis of the U.S. application under Section 44(e) of the Trademark Act (15 U.S.C. Section 1126(e)) includes a claim of standard characters or the country of origin's standard character equivalent.
CLASSIFICATION AND LISTING OF GOODS/SERVICES
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; Robots for guarded purpose; Robots for personal use; Robots for hobby use; Robot for nursing care
Original Filing Basis:
Filing Basis: Section 1(b), Intent to Use: The applicant has had a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has had a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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; 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; Robots for guarded purpose; 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; Robot for nursing care; Robots for hobby use; Robot for non-medical nursing careClass 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
Filing Basis: Section 1(b), Intent to Use: The applicant has a bona fide intention to use or use through the applicant's related company or licensee the mark in commerce on or in connection with the identified goods and/or services as of the filing date of the application. (15 U.S.C. Section 1051(b)).

Filing Basis: Section 44(d), Priority based on foreign filing: Applicant has a bona fide intention to use the mark in commerce on or in connection with the identified goods and/or services, and asserts a claim of priority 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. If ultimately the applicant does not rely on Section 44(e) as a basis for registration, a valid claim of priority may be retained.


Response Suspension Inquiry Signature
Signature: /Nancy Dwyer Chapman/     Date: 04/19/2018
Signatory's Name: Nancy Dwyer Chapman
Signatory's Position: Attorney for Applicant, New York State Bar member
Signatory's Phone Number: 914-723-4300 x160

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 applicant'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 applicant in this matter: (1) the applicant 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 applicant has filed a power of attorney appointing him/her in this matter; or (4) the applicant'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: Thu Apr 19 21:32:11 EDT 2018
TEAS Stamp: USPTO/RSI-XXX.X.XXX.XXX-2018041921321137
9013-87091227-51013c1f2d6b037f43fa57e715
6f8f86966e33eae67b3cce3bffa11dc1153901d1
3-N/A-N/A-20180419211158785090