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 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 1957 (Rev 10/2011)

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

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87114260 EXADRIVE(Standard Characters, see http://uspto.report/TM/87114260/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

In response to the Office action dated October 10, 2017, Applicant is submitting a substitute specimen and the Confirmation Receipt showing that a Change of Name document has been submitted to the USPTO for recordation. In the Office action, the Examining Attorney refused the specimen submitted with the Statement of Use stating that it appeared to be mere advertising material. Accordingly, Applicant is submitting a verified substitute specimen in the form of a photograph showing the mark on a label affixed to the goods. Additionally, the Examining Attorney refused Applicant's request that the certificate of registration issue in the name "Nimbus Data, Inc." because no ownership transfer or name change documents appear to have been filed and recorded with the USPTO's Assignment Recordation Branch. Applicant is attaching the Confirmation Receipt showing that the Change of Name document has been submitted to the USPTO for recordation. Therefore, Applicant requests that the certificate of registration issue in the name of "Nimbus Data, Inc."

EVIDENCE
Evidence in the nature of USPTO Confirmation Receipt of Change of Name document has been attached.
Original PDF file:
evi_502323178-20180410185051487522_._20180410_PTO_Confirmation_Receipt_of_Change_of_Name_NMB401.pdf
Converted PDF file(s) ( 1 page)
Evidence-1

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Solid state drives; solid state storage, namely, a nonvolatile storage medium that employs integrated circuits
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.

In International Class 009, the mark was first used at least as early as 07/16/2017 and first used in commerce at least as early as 08/07/2017 .

Proposed: Class 009 for Solid state drives; solid state storage, namely, a nonvolatile storage medium that employs integrated circuits

Deleted Filing Basis: 1(b)
In International Class 009, the mark was first used at least as early as 07/16/2017 . and first used in commerce at least as early as 08/07/2017 .

Applicant hereby submits one(or more) specimen(s) for Class 009 . The specimen(s) submitted consists of photograph showing the mark on a label affixed to the goods .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

APPLICANT AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: Nimbus Data Systems, Inc., a corporation of Delaware, having an address of
      65 Enterprise
      Aliso Viejo, California 92656
      United States

      XXXX (authorized)
      4157308835
Proposed: Nimbus Data, Inc., a corporation of Delaware, having an address of
      65 Enterprise
      Aliso Viejo, California 92656
      United States
      XXXX (authorized)
      4157308835

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: /Thomas Isakovich/      Date: 04/10/2018
Signatory's Name: Thomas Isakovich
Signatory's Position: CEO
Signatory's Phone Number: 4157308835


Response Signature
Signature: /Thomas Isakovich/     Date: 04/10/2018
Signatory's Name: Thomas Isakovich
Signatory's Position: CEO

Signatory's Phone Number: 415-730-8835

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.

        
Serial Number: 87114260
Internet Transmission Date: Tue Apr 10 19:28:48 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.X.XXX-20180410192848574
443-87114260-5101feb9e5cf0da493d71cb9347
be7c18a178119b93de1d0a1dd69f869f84843d-N
/A-N/A-20180410185051487522