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. 87194667 AVANTGUARD(Standard Characters, see http://uspto.report/TM/87194667/mark.png) has been amended as follows:

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

Applicant is amending the identification of goods, and requests that further action on this application be suspended pending submission of a copy of the expected foreign registration.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Battle management systems; remotely controlled weapon systems; day/night control systems; laser range finders; laser designators; thermal imaging systems; laser warning systems; operating and controlling artillery and urban warfare systems; digital soldier systems; ISR interpretation systems; border security and reconnaissance systems; ultrasonic proximity sensors; communication systems; telecommunication systems; computer communication systems; photographic systems; cameras of all kinds; apparatus and systems for imaging; systems for detection of and protection against missiles; gunfire detecting systems; multi-sensor stabilized system for day and night scanning, tracking, observation and targeting for marine, ground and air applications; computer software and programs for use with the aforesaid goods; simulators; sensor systems; GPS systems; antennas, directional microphones; piloting, controlling and monitoring systems; parts and fittings for the above-captioned goods
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[ Israel application number 288086 filed 09/22/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Battle management systems; Battle management systems primarily comprising computer hardware and computer software for planning and managing military operations; remotely controlled weapon systems; remotely controlled weapon systems primarily comprising computer hardware and computer software for controlling and operating military weapons; day/night control systems; day/night control systems primarily comprising computer hardware, computer software for planning and managing military operations; laser range finders; laser designators; thermal imaging systems; thermal imaging systems, not for medical use; laser warning systems; operating and controlling artillery and urban warfare systems; computer hardware and computer software for operating and controlling artillery and urban warfare equipment; digital soldier systems; digital soldier systems primarily comprising computer hardware and computer software for identifying locations of soldiers and for exchanging reports, photos, data and communications with them; ISR interpretation systems; ISR interpretation systems primarily comprising computer software for processing data in the field of intelligence, surveillance and reconnaissance; border security and reconnaissance systems; border security and reconnaissance systems primarily comprising cameras; ultrasonic proximity sensors; communication systems; communication systems primarily comprising network access server hardware; telecommunication systems; computer hardware and software for the transmission of data between locations; computer communication systems; telecommunication systems comprising telecommunications transmitters and receivers; photographic systems; computer communication systems primarily comprising telecommunications transmitters; cameras of all kinds; photographic systems primarily comprising camera; apparatus and systems for imaging; cameras; systems for detection of and protection against missiles; apparatus and systems for imaging primarily comprising cameras; gunfire detecting systems; systems for detection of and protection against missiles, namely, computer hardware and computer software for controlling missile detectors; multi-sensor stabilized system for day and night scanning, tracking, observation and targeting for marine, ground and air applications; gunfire detecting systems computer hardware and computer software for controlling missile detectors; multi-sensor stabilized system for day and night scanning, tracking, observation and targeting for marine, ground and air applications, namely, a system comprising day and night sensors, cameras and power sources; simulators; computer software and programs for use with the aforesaid goods; sensor systems; simulators, namely, simulators for control of vehicles and of military equipment; sensor systems, namely, proximity sensors; antennas, directional microphones; GPS systems; piloting, controlling and monitoring systems; antennas; directional microphones; piloting, controlling and monitoring systems comprising computer hardware and software for operating military vehicles; parts and fittings for the above-captioned goodsClass 009 for Battle management systems primarily comprising computer hardware and computer software for planning and managing military operations; remotely controlled weapon systems primarily comprising computer hardware and computer software for controlling and operating military weapons; day/night control systems primarily comprising computer hardware, computer software for planning and managing military operations; laser range finders; laser designators; thermal imaging systems, not for medical use; laser warning systems; computer hardware and computer software for operating and controlling artillery and urban warfare equipment; digital soldier systems primarily comprising computer hardware and computer software for identifying locations of soldiers and for exchanging reports, photos, data and communications with them; ISR interpretation systems primarily comprising computer software for processing data in the field of intelligence, surveillance and reconnaissance; border security and reconnaissance systems primarily comprising cameras; ultrasonic proximity sensors; communication systems primarily comprising network access server hardware; computer hardware and software for the transmission of data between locations; telecommunication systems comprising telecommunications transmitters and receivers; computer communication systems primarily comprising telecommunications transmitters; photographic systems primarily comprising camera; cameras; apparatus and systems for imaging primarily comprising cameras; systems for detection of and protection against missiles, namely, computer hardware and computer software for controlling missile detectors; gunfire detecting systems computer hardware and computer software for controlling missile detectors; multi-sensor stabilized system for day and night scanning, tracking, observation and targeting for marine, ground and air applications, namely, a system comprising day and night sensors, cameras and power sources; computer software and programs for use with the aforesaid goods; simulators, namely, simulators for control of vehicles and of military equipment; sensor systems, namely, proximity sensors; GPS systems; antennas; directional microphones; piloting, controlling and monitoring systems comprising computer hardware and software for operating military vehicles; parts and fittings for the above-captioned goods
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 [ Israel application number 288086 filed 09/22/2016]. 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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 012 for Unmanned vehicles; parts and accessories therefor
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[ Israel application number 288086 filed 09/22/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Unmanned vehicles; Unmanned surface vehicles and parts and accessories therefor; parts and accessories thereforClass 012 for Unmanned surface vehicles and parts and accessories therefor
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 [ Israel application number 288086 filed 09/22/2016]. 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.

SIGNATURE(S)
Response Signature
Signature: /Timothy H. Hiebert/     Date: 03/08/2017
Signatory's Name: Timothy H. Hiebert
Signatory's Position: Attorney of record, Massachusetts bar member

Signatory's Phone Number: 6174265553

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: 87194667
Internet Transmission Date: Wed Mar 08 14:01:47 EST 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201703081401478
08324-87194667-580c2ac2fd275833df6221f79
2d3f6461ac8118ae8a4d01c5f43826ac8b9bb8be
8-N/A-N/A-20170308135254748656