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. 87198123 SYMMETRY(Standard Characters, see http://uspto.report/TM/87198123/mark.png) has been amended as follows:

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

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

RESPONSE TO SUSPENSION NOTICE

Applicant, hereby responds to the Office Action dated January 19, 2017, in which the U.S. Patent and Trademark Office (“PTO”) refused registration of the mark “SYMMETRY”  (the “Applicant’s Mark”) on the Principal Register.

The Examining Attorney presented three issues that Applicant must address: (1) Section 2(d) refusal; (2) Identification of Goods, and (3) Section 44(d) Filing Basis.  In filing this response, Applicant simultaneously amends the identification of goods to the accurate description suggested by the Examining Attorney, and deletes the foreign filing basis. Applicant’s arguments as to (1) are set forth below.

Refusal under Section 2(d)

The Examining Attorney has denied registration of Applicant’s Mark based on Registration No. 2743834 for SYMMETRE; Registration No. 3094933 for SYMMETRY SOFTWARE; Registration No. 3199804 for SYMMETRY TAX ENGINE; Registration No. 2567586 for SYMMETRYWORKS; Registration No. 3154807 for SYMMETRYSHOP; Registration No. 3281258 for SYMMETRY; Registration No. 4615779 for SYMMETRYNET; Registration No. 3820103 for SYMMETRY; Registration No. 3967002 for MOBILE SYMMETRY; Registration No. 4141509 for SYMETRI, Registration No. 2502251 for SYMMETRY MEDICAL INC.; Registration No. 4404038 for SYMMETRY SURGICAL; Registration No. 4407826 for SYMMETRY; Registration No. 4435835 for SYMMETRY MOBILE, Registration No. 4531061 for CROSSOVER SYMMETRY; and Registration No. 4620131 for SYMMETRY under Section 2(d) of the Trademark Act, 15 U.S.C. § 1052(d). Applicant respectfully requests that the Examining Attorney reconsider his refusal to register Applicant’s Mark.

Applicant states that cited Registration No. 3154807 for SYMMETRYSHOP was cancelled on May 12, 2017. As such, the Prior Cited Registration No. 3154807 will no longer present a bar to the Applied-For-Mark.

The Examining Attorney has refused registration of Applicant’s Mark noting that the above mentioned marks (the “Cited Marks”) present a bar to registration of Applicant’s Mark based on confusing similarity.  

A review of the relevant likelihood of confusion factors demonstrates that there is no likelihood of confusion between Applicant’s Mark and the Cited Marks.

(1)       No Likelihood of Confusion

                        In determining whether a likelihood of confusion exists, the fundamental inquiry goes to the cumulative effect of the differences in the marks and the goods or services at issue.  Federated Foods, Inc. v. Fort Howard Paper Co., 192 U.S.P.Q. 24, 29 (C.C.P.A. 1976).  Under the Lanham Act, a refusal to register requires that such confusion as to the source of the goods and/or services is not merely possible, but likely.  A mere possibility of confusion is an insufficient basis for rejections under Section 2(d).  In re Massey-Ferguson, 222 U.S.P.Q. 367, 368 (T.T.AB. 1983).  In the present case, the differences in the respective marks, in light of all the relevant factors, lead to a finding of no likelihood of confusion.

 

I.          The Parties' Goods are Distinguishable

            First, there is no likelihood of confusion due to the differences in the parties' goods.

A review of the goods listed in the Applied-For Mark and the Cited Registrations reveals that the goods and services are not commercially related, as follows:

Goods/Services Listed in the Applied-For Mark- As Amended	Goods/services Listed in the Cited Registration(s)
Class 9: virtual reality computer software; virtual reality computer software, namely, 3DVR and 3DCAD virtual reality design computer software; Headsets for use with computers; Headsets for Virtual reality; computer game programs for arcade video game machines; Telecommunication machines and apparatus, namely, telecommunication transmitters; Electronic machines, apparatus and their parts, namely, electronic virtual reality headsets and replacement parts therefor; Computer Game programs for home video game machines; Electronic circuits and CD-ROMs recorded with computer game programs for hand-held games with liquid crystal displays; Phonograph records featuring music; Downloadable music files for Architect Designer Creator Planner; Downloadable image files for Architect Designer Creator Planner; Recorded video discs and video tapes featuring music; Electronic publications, namely, book, magazine, manual featuring building construction planning architecture recorded on computer media Class 40: Technological advice, namely, providing technical advice related to the manufacture and design of computers, automobiles, and virtual reality machines and apparatus; Class 41: Entertainment services, namely, providing online computer game programs on data networks Class 42: Cloud computing featuring software for 3D and 3DCAD virtual reality design applications; Rental of memory space on servers; Hosting websites on the Internet in the field of virtual reality design software for building construction and city planning; Rental of computers; Providing temporary use of online, non-downloadable computer software programs for use in virtual reality space design on data networks; Computer software design, computer programming or maintenance of computer software in virtual reality space design; Designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments, namely, design of computer hardware; Technological advice relating to computers, automobiles and industrial machines, namely, providing technical advice related to the installation of software on computers, automobiles, and industrial machines; Product testing and product research on machines, apparatus and instruments; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Design of virtual reality computer software for building construction and city planning, other than for advertising purposes.	Registration No. 2743834 Class 9: Computer software for use in the operation and control of heating, ventilation and air conditioning systems
	Registration No. 3094933 for Class 9::Software for use in preparing payroll.
	Registration No. 3199804 for Class 9: Computer software to calculate payroll withholding
	Registration No. 2567586 for Class 9: computer software for graphic design, namely for creating illustrations, artworks, and artistic images
	Registration No. 4615779; Registration No. 3281258 for Class 9: facilities management software, namely, software to control building environment, access and security systems; electronic control apparatus and alarm apparatus incorporating computer hardware, closed circuit televisions, encoded and encrypted magnetic cards, keypads and card readers; electrical and electronic controllers for lighting and heating, all sold as a unit; electrical and electronic apparatus and instruments for security and control access systems, namely, electric locks and electronic locks; intruder detectors; fire sensors; controllers for fire sensors, intruder sensors, external lighting, parking barriers, and heating systems; closed circuit television cameras; closed circuit television monitors; closed circuit television controllers; closed circuit television switchers and multiplexers; anti-intrusion alarms; fire alarms; alarm sensors; alarm controllers and alarm control panels; access monitors; door monitors; access controllers; telephone apparatus, namely, intercoms; intercom controllers; intercom control screens; magnetically encoded identification badges; digital video recorders; encoded smart cards containing programming used to control access to secure facilities; smart card encoders; smart card readers; magnetic encoded access cards, magnetic stripe card encoders, magnetic stripe card readers; proximity readers for magnetic coded cards; contact card readers; muster readers; wall switch readers; computer keypads; LCD displays; LED displays; electrical cables; modems; fingerprint sensors; fingerprint readers and other biometric readers, namely, hand, iris, and face recognition readers; magnetic pulse-encoded card readers; remote controls for doors; remote controls for alarms; control panels for electronic security systems; all the aforesaid goods relating to security and control access systems
	Registration No. 3820103 for Class 9: Computer software for data processing, classification, modeling, comparison and analysis in the field of health care; Computer database software for uploading data, providing statistical analysis and risk assessment, and producing reports in the field of health care
	Registration No. 3967002 for Class 9: Computer software for use in identifying names, addresses and other information of mobile phone callers; computer software applications for mobile phones for use in identifying names, addresses and other information of mobile phone callers; and Class 42: Application service provider, namely, creating, providing, hosting, managing, developing and maintaining online databases for others in the field of mobile telephony, containing names, telephone numbers, addresses and other mobile phone user information, the information and data being available for delivery via the Internet, mobile phones and other wireless devices
	Registration No. 4141509 for Class 42: Design and development of global computer information networks, internal computer networks, and extranet communication systems for others.
	Registration No. 2502251 No. 4404038, and No 4407826 for Class 42: design of surgical instruments and storage and sterilization trays therefor and parts and fittings therefor, and design of surgical instrument kits and storage and sterilization containers sold as a unit
	Registration No. 4435835 for Class 9: Computer application software for use by registered investment advisers, investment adviser representatives, financial advisors and others who provide investment-related financial services for conducting and managing the day-to-day aspects of their businesses, namely, software for use in client relationship management, marketing, sales support, financial planning, and investment portfolio construction and providing the user with updated financial information
	Registration No. 4531061 for Class 16: Educational publications, namely, training manuals in the field of sports
	Registration No. 4620131 for Class 41: Entertainment, namely, live music concerts

 

It is clear that the nature, application, use and purpose of the parties’ goods and services differ.  Therefore, confusion regarding source or origin of the products and/or services is unlikely. 

In the present case, Applicant’s goods are clearly distinguishable from the goods and services listed in the Cited Registrations. The Applied-For Mark will be used in connection with virtual reality computer software, virtual reality electronic apparatus, and related virtual reality space design services. The Cited Registrations will be used for security and building control software, payroll software, software in the field of healthcare, investment and sport publications, live performances services, and entertainment services, among other goods and services.

The goods and services are not competitive or complementary and are offered for wholly different purposes.  Applicant respectfully submits that the differences in the parties’ goods alone are sufficient to obviate any likelihood of confusion.  See, e.g., In re Majestic Distilling Company, Inc., 65 USPQ2d 1201, 1203 (Fed. Cir. 2003) (“Not all of the DuPont factors may be relevant or of equal weight in a given case, and 'any one of the factors may control a particular case.'").

Applicant also states that Applicant’s industry, market, and consumer differs from the Cited Registrations. The Applied for-Mark will be used in connection with virtual reality software, electrical apparatus, and tools with specially application in the architecture, engineering, and construction field. Applicant hereto submits copies of its company’s website showing the nature of the goods/services, and the industry in which the goods and services will be offered. Please see Exhibit A.

In light of the above, it is clear that Applicant’s mark and Cited Registrations will be used in different industries and markets.

Conclusion

An analysis of the facts in the present case supports a conclusion that consumers will not be confused. Applicant submits that, given the nature of the goods/services and the industry, there is no likelihood of confusion between its mark, and the Cited Marks.  In view of the foregoing, Applicant respectfully requests the Examining Attorney withdraw the Refusal and approve Applicant’s Mark for publication in the Official Gazette

EVIDENCE
Evidence in the nature of 1. screen shot from Applicant's website has been attached.
Original PDF file:
evi_1621720365-20170719184339735354_._SYMMETRY-EXHIBIT_A.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 Computer software, recorded for Virtual reality; Other computer software, recorded; Headsets for use with computers; Headsets for Virtual reality; Game programs for arcade video game machines; Telecommunication machines and apparatus; Electronic machines, apparatus and their parts; Game programs for home video game machines; Electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; Phonograph records; Downloadable music files; Downloadable image files; Recorded video discs and video tapes; Electronic publications
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[ Japan application number 2016-101424 filed 09/16/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Computer software, recorded for Virtual reality; virtual reality computer software; Other computer software, recorded; virtual reality computer software, namely, 3DVR and 3DCAD virtual reality design computer software; Headsets for use with computers; Headsets for Virtual reality; Game programs for arcade video game machines; computer game programs for arcade video game machines; Telecommunication machines and apparatus; Telecommunication machines and apparatus, namely, telecommunication transmitters; Electronic machines, apparatus and their parts; Electronic machines, apparatus and their parts, namely, electronic virtual reality headsets and replacement parts therefor; Game programs for home video game machines; Computer Game programs for home video game machines; Electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays; Electronic circuits and CD-ROMs recorded with computer game programs for hand-held games with liquid crystal displays; Phonograph records; Phonograph records featuring music; Downloadable music files; Downloadable music files for Architect Designer Creator Planner; Downloadable image files; Downloadable image files for Architect Designer Creator Planner; Recorded video discs and video tapes; Recorded video discs and video tapes featuring music; Electronic publications; Electronic publications, namely, book, magazine, manual featuring building construction planning architecture recorded on computer mediaClass 009 for virtual reality computer software; virtual reality computer software, namely, 3DVR and 3DCAD virtual reality design computer software; Headsets for use with computers; Headsets for Virtual reality; computer game programs for arcade video game machines; Telecommunication machines and apparatus, namely, telecommunication transmitters; Electronic machines, apparatus and their parts, namely, electronic virtual reality headsets and replacement parts therefor; Computer Game programs for home video game machines; Electronic circuits and CD-ROMs recorded with computer game programs for hand-held games with liquid crystal displays; Phonograph records featuring music; Downloadable music files for Architect Designer Creator Planner; Downloadable image files for Architect Designer Creator Planner; Recorded video discs and video tapes featuring music; Electronic publications, namely, book, magazine, manual featuring building construction planning architecture recorded on computer media
Deleted Filing Basis: 44(d)
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 042 for Cloud computing; Rental of memory space on servers; Hosting websites on the Internet; Rental of computers; Providing computer programs on data networks; Computer software design, computer programming, or maintenance of computer software; Designing of machines, apparatus, instruments (including their parts) or systems composed of such machines, apparatus and instruments; Technological advice relating to computers, automobiles and industrial machines; Testing or research on machines, apparatus and instruments; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Designing, other than for advertising purposes
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[ Japan application number 2016-101424 filed 09/16/2016]. 15 U.S.C.Section 1126(d), as amended.

Proposed:
Tracked Text Description: Cloud computing; Cloud computing featuring software for 3D and 3DCAD virtual reality design applications; Rental of memory space on servers; Hosting websites on the Internet; Hosting websites on the Internet in the field of virtual reality design software for building construction and city planning; Rental of computers; Providing computer programs on data networks; Providing temporary use of online, non-downloadable computer software programs for use in virtual reality space design on data networks; Computer software design, computer programming, or maintenance of computer software; Computer software design, computer programming or maintenance of computer software in virtual reality space design; Designing of machines, apparatus, instruments (including their parts) or systems composed of such machines, apparatus and instruments; Designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments, namely, design of computer hardware; Technological advice relating to computers, automobiles and industrial machines; Technological advice relating to computers, automobiles and industrial machines, namely, providing technical advice related to the installation of software on computers, automobiles, and industrial machines; Testing or research on machines, apparatus and instruments; Product testing and product research on machines, apparatus and instruments; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Designing, other than for advertising purposes; Design of virtual reality computer software for building construction and city planning, other than for advertising purposesClass 042 for Cloud computing featuring software for 3D and 3DCAD virtual reality design applications; Rental of memory space on servers; Hosting websites on the Internet in the field of virtual reality design software for building construction and city planning; Rental of computers; Providing temporary use of online, non-downloadable computer software programs for use in virtual reality space design on data networks; Computer software design, computer programming or maintenance of computer software in virtual reality space design; Designing of machines, apparatus, instruments and their parts or systems composed of such machines, apparatus and instruments, namely, design of computer hardware; Technological advice relating to computers, automobiles and industrial machines, namely, providing technical advice related to the installation of software on computers, automobiles, and industrial machines; Product testing and product research on machines, apparatus and instruments; Research on building construction or city planning; Testing or research on prevention of pollution; Testing or research on electricity; Testing or research on civil engineering; Design of virtual reality computer software for building construction and city planning, other than for advertising purposes
Deleted Filing Basis: 44(d)
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 040 for Technological advice, namely, providing technical advice related to the manufacture and design of computers, automobiles, and virtual reality machines and apparatus
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 041 for Entertainment services, namely, providing online computer game programs on data networks
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 $550 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: /Bassam N Ibrahim/ /s/      Date: 07/19/2017
Signatory's Name: Bassam N. Ibrahim
Signatory's Position: Attorney of Record, VA Bar Member
Signatory's Phone Number: 703.836.6620


Response Signature
Signature: /Bassam N Ibrahim/ /s/     Date: 07/19/2017
Signatory's Name: Bassam N Ibrahim
Signatory's Position: Attorney

Signatory's Phone Number: 7038386584

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.

        
RAM Sale Number: 87198123
RAM Accounting Date: 07/20/2017
        
Serial Number: 87198123
Internet Transmission Date: Wed Jul 19 19:53:45 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XX-2017071919534554
0322-87198123-510a41a96ff11c19edeb6f9fc7
399988576bc3dcd60b19e56972275592e3cd54-C
C-6045-20170719190606127217