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)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87115578 RYZEN(Standard Characters, see http://uspto.report/TM/87115578/mark.png) has been amended as follows:

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

           

Division of Application

            Applicant has separately filed a Request to Divide this application.  A copy of the divisional receipt is attached.  Per the Request, the following goods should remain in this application as the parent application:

Semiconductor devices; semiconductor chips; semiconductors; computer hardware; microprocessor modules; chip sets, integrated circuits; graphics processors; and accelerated processors.

Additionally, the following goods should be placed in the child application:

Microprocessor subsystems; computer hardware subsystems; computer subsystems; graphics software; graphics cards; video cards; video game software; computer software; video game consoles; virtual reality headsets; computer workstations; computer servers; solid state drives; volatile memory and dynamic random-access memory

Amendment

            Additionally, Applicant requests that the child portion of the application be amended as follows to address the identification of goods issues posed by the Examining Attorney:

Microprocessor subsystems comprised of one or more microprocessors, central processing units (CPUs), CPU cores, and software for operating the foregoing; computer hardware subsystems comprised of microprocessor subsystems, dynamic random-access memory (DRAM), hard drive storage, and software for operating the foregoing;  computer subsystems graphics software; graphics cards; video cards; video game software; computer software; video game consoles; virtual reality headsets; computer workstations; computer servers; solid state drives; volatile memory and dynamic random-access memory (DRAM)

Argument

A.        Section 2(d) Refusal

            The Examining Attorney initially refused registration under Section 2(d) due to asserted conflict with the cited registration of the goods “video game software.”  As reflected, Applicant requests that these goods be deleted from the application.  The Examining Attorney also initially refused registration due to the breadth of the term “computer software.”  As reflected, those goods have also been deleted.  To the extent software is referenced, as part of “microprocessor subsystems” and “computer hardware subsystems,” the nature and function of the software has been defined.

B.        Identification of Goods

            As reflected herein, Applicant has modified the identification of goods (all goods which will fall into the child application) to further define “microprocessor subsystems” and “computer hardware subsystems.” It has otherwise deleted goods that the Examining Attorney required further specificity.  Finally, as discussed with the Examining Attorney, Applicant submits that the addition of the acronym “DRAM” sufficiently defines “dynamic random-access memory” which is the common commercial name.

            Accordingly, it is respectfully submitted that the amendments resolve the Examining Attorney’s grounds for refusal under Section 2(d) and address all identification of goods issues, and that, following entry of the division, both the parent and child applications should be passed to publication.

Respectfully submitted,

Belinda J. Scrimenti

Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

Attorneys for Applicant

 

EVIDENCE
Evidence in the nature of Teas Email Receipt for Request to Divide Application has been attached.
Original PDF file:
evi_204911721-20161111112202091977_._EMail_Receipt_Request_to_Divide_RYZEN_87115578.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Semiconductor devices; semiconductor chips; semiconductors; computer hardware; microprocessor modules; microprocessor subsystems; computer hardware subsystems; computer subsystems; graphics software; chipsets; integrated circuits; graphics processors; accelerated processors; graphics cards; video cards; video game software; computer software; video game consoles; virtual reality headsets; computer workstations; computer servers; solid state drives; volatile memory and dynamic random-access memory
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: Semiconductor devices; Parent Application¶
¶
Semiconductor devices; semiconductor chips; semiconductors; computer hardware; microprocessor modules; microprocessor subsystems; chip sets, integrated circuits; computer hardware subsystems; graphics processors; computer subsystems; and accelerated processors ¶
¶
Child Application¶
¶
Microprocessor subsystems comprised of one or more microprocessors, central processing units (CPUs), CPU cores, and software for operating the foregoing; computer hardware subsystems comprised of microprocessor subsystems, dynamic random-access memory (DRAM), hard drive storage, and software for operating the foregoing; chipsets; graphics software; integrated circuits; graphics cards; video cards; accelerated processors; video game consoles; virtual reality headsets; solid state drives; video game software; dynamic random-access memory (DRAM); computer software; computer workstations; computer servers; volatile memory and dynamic random-access memoryClass 009 for Parent Application Semiconductor devices; semiconductor chips; semiconductors; computer hardware; microprocessor modules; chip sets, integrated circuits; graphics processors; and accelerated processors Child Application Microprocessor subsystems comprised of one or more microprocessors, central processing units (CPUs), CPU cores, and software for operating the foregoing; computer hardware subsystems comprised of microprocessor subsystems, dynamic random-access memory (DRAM), hard drive storage, and software for operating the foregoing; graphics software; graphics cards; video cards; video game consoles; virtual reality headsets; solid state drives; dynamic random-access memory (DRAM)
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.

ADDITIONAL STATEMENTS
Miscellaneous Statement
As noted herein, Applicant has filed a Request to Divide the Application. The Argument section herein outlines how the goods will be divided. Following division, Applicant requests amendment of the identification of goods of the child application as outlined therein.


SIGNATURE(S)
Response Signature
Signature: /Belinda J. Scrimenti/     Date: 11/11/2016
Signatory's Name: Belinda J. Scrimenti
Signatory's Position: Attorney of Record

Signatory's Phone Number: 312-554-8000

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: 87115578
Internet Transmission Date: Fri Nov 11 12:22:35 EST 2016
TEAS Stamp: USPTO/ROA-XXX.XX.XX.XX-20161111122235469
853-87115578-570b7d56ea722d38b81722309e4
387a32a5317aa3a1dad497b4771680b637d54a-N
/A-N/A-20161111112202091977