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)

---

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. 87097086 XR(Standard Characters, see http://uspto.report/TM/87097086/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 035 for XR ("Extra Reality") is a combination of technologies that modify, and/or add to, experiential and sensory dimensions in a physical environment through IOT and/or "Smart" devices. XR sensory experience can include sight, touch, hearing, smell, and other related sensory modalities such as temperature, sleep, energy, rhythm, position and location, motion, balance, vibration, and other stimuli. The surrounding XR effects in the real world of the user become interactive and digitally manipulatable through a variety of human, algorithmic, artificially intelligent, and/or sensory interfaces. XR is enabled by the seamless distribution of digital effects, and dynamic content, to IOT and Smart Devices, to produce low, medium and high-level effects: respectively, reactive services to automatic identification, reactive services to Digital tools and applications, and finally collaborative services between multiple agents and devices
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: XR ("Extra Reality") is a combination of technologies that modify, and/or add to, experiential and sensory dimensions in a physical environment through IOT and/or "Smart" devices. XR sensory experience can include sight, touch, hearing, smell, and other related sensory modalities such as temperature, sleep, energy, rhythm, position and location, motion, balance, vibration, and other stimuli. The surrounding XR effects in the real world of the user become interactive and digitally manipulatable through a variety of human, algorithmic, artificially intelligent, and/or sensory interfaces. XR is enabled by the seamless distribution of digital effects, and dynamic content, to IOT and Smart Devices, to produce low, medium and high-level effects: respectively, reactive services to automatic identification, reactive services to Digital tools and applications, and finally collaborative services between multiple agents and devices; Marketing the goods and services of others by means of real world digital dimensions triggered with automatic identification sensors, media application software, and/or social collaboration, by means of experiential and sensory digital multimedia, generating seamless, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration by Internet Connected Devices ("IoT").Class 035 for Marketing the goods and services of others by means of real world digital dimensions triggered with automatic identification sensors, media application software, and/or social collaboration, by means of experiential and sensory digital multimedia, generating seamless, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration by Internet Connected Devices ("IoT").
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 041 for XR ("Extra Reality") is a combination of technologies that modify, and/or add to, experiential and sensory dimensions in a physical environment through IOT and/or "Smart" devices. XR sensory experience can include sight, touch, hearing, smell, and other related sensory modalities such as temperature, sleep, energy, rhythm, position and location, motion, balance, vibration, and other stimuli. The surrounding XR effects in the real world of the user become interactive and digitally manipulatable through a variety of human, algorithmic, artificially intelligent, and/or sensory interfaces. XR is enabled by the seamless distribution of digital effects, and dynamic content, to IOT and Smart Devices, to produce low, medium and high-level effects: respectively, reactive services to automatic identification, reactive services to Digital tools and applications, and finally collaborative services between multiple agents and devices
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: XR ("Extra Reality") is a combination of technologies that modify, and/or add to, experiential and sensory dimensions in a physical environment through IOT and/or "Smart" devices. XR sensory experience can include sight, touch, hearing, smell, and other related sensory modalities such as temperature, sleep, energy, rhythm, position and location, motion, balance, vibration, and other stimuli. The surrounding XR effects in the real world of the user become interactive and digitally manipulatable through a variety of human, algorithmic, artificially intelligent, and/or sensory interfaces. XR is enabled by the seamless distribution of digital effects, and dynamic content, to IOT and Smart Devices, to produce low, medium and high-level effects: respectively, reactive services to automatic identification, reactive services to Digital tools and applications, and finally collaborative services between multiple agents and devices; Multimedia entertainment services, namely providing experiential and sensory multimedia generating seamless, real world, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration, by Internet Connected Devices ("IoT"), in which that users can digitally interact with and manipulate a dynamic physical environment by means of automatic identification sensors, media applications, and/or social collaboration, for recreational, leisure or entertainment purposes.Class 041 for Multimedia entertainment services, namely providing experiential and sensory multimedia generating seamless, real world, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration, by Internet Connected Devices ("IoT"), in which that users can digitally interact with and manipulate a dynamic physical environment by means of automatic identification sensors, media applications, and/or social collaboration, for recreational, leisure or entertainment purposes.
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 hereby adds the following class of goods/services to the application:
New: Class 042 for Computer services, providing temporary use of on-line non-downloadable software applications that create seamless, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration by Internet Connected Devices ("IoT"), for purposes of creating dynamic real world digital dimensions of experiential and sensory multimedia; Computer services, namely, creating an on-line community for registered users to create seamless, sensory stimuli effects in the nature of temperature, images, smell, rhythm, position and location, motion, balance and/or vibration by Internet Connected Devices ("IoT"), for purposes of creating dynamic real world digital dimensions of experiential and sensory multimedia.
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.

FEE(S)
Fee(s) in the amount of $400 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: /Carma Khatib/      Date: 02/13/2017
Signatory's Name: Carma Khatib
Signatory's Position: Patent and Trademark Analyst
Signatory's Phone Number: 7039923044


Response Signature
Signature: /Carma Khatib/     Date: 02/13/2017
Signatory's Name: Carma Khatib
Signatory's Position: Patent and Trademark Analyst

Signatory's Phone Number: 7039923044

The signatory has confirmed that he/she is not represented by either an authorized attorney or Canadian attorney/agent, and that he/she is either: (1) the owner/holder ; or (2) a person(s) with legal authority to bind the owner/holder; and if an authorized U.S. attorney or Canadian attorney/agent previously represented him/her in this matter, either he/she has filed a signed revocation of power of attorney with the USPTO or the USPTO has granted the request of his/her prior representative to withdraw.

        
RAM Sale Number: 87097086
RAM Accounting Date: 02/14/2017
        
Serial Number: 87097086
Internet Transmission Date: Mon Feb 13 15:28:51 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201702131528515
52851-87097086-580c47e5654db3fd156c7e50f
61a972692641e6ed62342251b06dc3542c81bac-
CC-2138-20170213152426904587