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. 87214360 BLAZER (Stylized and/or with Design, see http://uspto.report/TM/87214360/mark.png) has been amended as follows:

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

The Applicant requests suspension pending the outcome of the prior-filed conflicting application, 87202115 for BLAZER.

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for data processing apparatus; computer memory devices; computers; computer programmes, recorded; computer operating programs, recorded; computer peripheral devices; computer software, recorded; couplers; interfaces for computers; microprocessors; monitors; monitors; processors / central processing units; readers; computer programs; downloadable image files; computer software applications, downloadable; integrated circuit cards / smart cards; flashing lights / blinkers; electronic notice boards; monitoring apparatus, electric; audio- and video-receivers; sound transmitting apparatus; sound recording apparatus; sound reproduction apparatus; video recorders; camcorders; baby monitors; video baby monitors; enlarging apparatus; shutter releases; shutters; cameras; filters; speed measuring apparatus; diaphragms; flashlights; speed checking apparatus for vehicles; objectives; optical lanterns / optical lamps; optical lenses; magnifying glasses;mirrors; prisms; optical apparatus and instruments; cables, electric; wires, electric; integrated circuits; chips; fluorescent screens; video screens; remote control apparatus; alarm; theft prevention installations, electric; anti-theft warning apparatus; locks, electric; smoke detectors
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: data processing apparatus; computer memory devices; computers; computer programmes, recorded; computer programs, recorded for collecting data, sound and images in the fields of surveillance and security; computer operating programs, recorded; recorded computer operating programs; computer peripheral devices; computer software, recorded; recorded computer software for use in capturing and collecting data, sound, and images in the fields of surveillance and security; couplers; data processing equipment, namely, couplers; interfaces for computers; microprocessors; monitors; computer monitors; monitors; television monitors; processors / central processing units; video monitors; readers; computer central processing units for processing information, data, sound or images; computer programs; computer central processing units (CPU); downloadable image files; optical readers; computer software applications, downloadable; computer programs for use in the management of video systems; integrated circuit cards / smart cards; computer programs for use in recording video; flashing lights / blinkers; computer programs for use in live video; computer programs for use in video playback; monitoring apparatus, electric; computer programs for use in license plate recognition; computer programs for use in POS integration; computer programs for use in providing business information; computer programs for use in surveillance; downloadable image files containing images captured from real-time video; computer software applications downloadable for use in recording video, viewing live video, surveillance, point of sale integration, and identification; integrated circuit cards; blank smart cards; flashing safety lights; electronic notice boards; monitoring apparatus electric for monitoring premises, buildings, and homes; audio- and video-receivers; sound transmitting apparatus; filters; sound recording apparatus; speed measuring apparatus; sound reproduction apparatus; diaphragms; video recorders; flashlights; camcorders; speed checking apparatus for vehicles; baby monitors; objectives; video baby monitors; optical lanterns / optical lamps; enlarging apparatus; shutter releases; shutters; mirrors; cameras; camera filters; optical apparatus and instruments; speedometers; diaphragms, in the nature of iris diaphragms for cameras; flashlights for use in photography; speedometers for vehicles; chips; objectives for cameras; optical lanterns; optical lamps; remote control apparatus; optical lenses; alarm; magnifying glasses; inspection mirrors; anti-theft warning apparatus; scientific and technical apparatus, namely optical mirrors; prisms; optical apparatus and instruments, namely optical scanners, telescopes, optical readers, optical lenses, optical shutters, optical reflectors, optical scanners, optical and telescopic lens sights; cables, electric; wires, electric; integrated circuits; computer chips; fluorescent screens; video screens; remote control apparatus for televisions, cameras, and computers; personal security alarms; security and fire alarms; alarm monitoring systems; theft prevention installations, electric; theft alarms, but not anti-theft alarms for vehicles; burglar alarms; locks, electric; smoke detectorsClass 009 for data processing apparatus; computer memory devices; computers; computer programs, recorded for collecting data, sound and images in the fields of surveillance and security; recorded computer operating programs; computer peripheral devices; recorded computer software for use in capturing and collecting data, sound, and images in the fields of surveillance and security; data processing equipment, namely, couplers; interfaces for computers; microprocessors; computer monitors; television monitors; video monitors; computer central processing units for processing information, data, sound or images; computer central processing units (CPU); optical readers; computer programs for use in the management of video systems; computer programs for use in recording video; computer programs for use in live video; computer programs for use in video playback; computer programs for use in license plate recognition; computer programs for use in POS integration; computer programs for use in providing business information; computer programs for use in surveillance; downloadable image files containing images captured from real-time video; computer software applications downloadable for use in recording video, viewing live video, surveillance, point of sale integration, and identification; integrated circuit cards; blank smart cards; flashing safety lights; electronic notice boards; monitoring apparatus electric for monitoring premises, buildings, and homes; audio- and video-receivers; sound transmitting apparatus; sound recording apparatus; sound reproduction apparatus; video recorders; camcorders; baby monitors; video baby monitors; enlarging apparatus; shutter releases; shutters; cameras; camera filters; speedometers; diaphragms, in the nature of iris diaphragms for cameras; flashlights for use in photography; speedometers for vehicles; objectives for cameras; optical lanterns; optical lamps; optical lenses; magnifying glasses; inspection mirrors; scientific and technical apparatus, namely optical mirrors; prisms; optical apparatus and instruments, namely optical scanners, telescopes, optical readers, optical lenses, optical shutters, optical reflectors, optical scanners, optical and telescopic lens sights; cables, electric; wires, electric; integrated circuits; computer chips; fluorescent screens; video screens; remote control apparatus for televisions, cameras, and computers; personal security alarms; security and fire alarms; alarm monitoring systems; theft prevention installations, electric; theft alarms, but not anti-theft alarms for vehicles; burglar alarms; locks, electric; smoke detectors
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 technical research;technical project studies;research and development of new products for others; information technology consultancy; industrial design; packaging design / packaging design services; computer programming; computer software design; updating of computer software;consultancy in the design and development of computer hardware;rental of computer software;recovery of computer data; maintenance of computer software; computer system analysis;computer system design;duplication of computer programs;conversion of data or documents from physical to electronic media;creating and maintaining web sites for others;hosting computer sites; installation of computer software;data conversion of computer programs and data;computer software consultancy; rental of web servers;software as a service;information technology consultancy;off-site data backup;electronic data storage;cloud computing
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: technical research; technical research in the fields of technology, information technology, video surveillance equipment, business transactions; technical project studies; engineering services, particularly technical project planning and design engineering of lines for the processing of web products; product development and engineering services for others; research and development of new products for others; information technology consultancy; packaging design / packaging design services; industrial design; packaging design; packaging design for others; computer programming; computer software design; updating of computer software; consultancy in the design and development of computer hardware; rental of computer software; recovery of computer data; maintenance of computer software; computer system analysis; computer system design; duplication of computer programs; hosting computer sites; conversion of data or documents from physical to electronic media; creating and maintaining web sites for others; data conversion of computer programs and data; hosting web sites of others on a computer server for a global computer network; installation of computer software; data conversion of computer programs and data, not physical conversion; software as a service; conversion of data or documents from physical to electronic media; information technology consultancy; computer software consultancy; rental of web servers; software as a service featuring software for use in database management, conducting video surveillance, image capture in the fields of security, surveillance, and point of sale (POS) transactions; information technology consultancy services; off-site data backup; electronic data storage; cloud computingClass 042 for technical research in the fields of technology, information technology, video surveillance equipment, business transactions; engineering services, particularly technical project planning and design engineering of lines for the processing of web products; product development and engineering services for others; research and development of new products for others; information technology consultancy; industrial design; packaging design; packaging design for others; computer programming; computer software design; updating of computer software; consultancy in the design and development of computer hardware; rental of computer software; recovery of computer data; maintenance of computer software; computer system analysis; computer system design; duplication of computer programs; conversion of data or documents from physical to electronic media; creating and maintaining web sites for others; hosting web sites of others on a computer server for a global computer network; installation of computer software; data conversion of computer programs and data, not physical conversion; conversion of data or documents from physical to electronic media; computer software consultancy; rental of web servers; software as a service featuring software for use in database management, conducting video surveillance, image capture in the fields of security, surveillance, and point of sale (POS) transactions; information technology consultancy services; off-site data backup; electronic data storage; cloud computing
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.

SIGNATURE(S)
Response Signature
Signature: /MA/     Date: 04/06/2017
Signatory's Name: Matthew D. Asbell
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 212 708 1800

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: 87214360
Internet Transmission Date: Thu Apr 06 22:32:29 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XXX.XXX.XX-201704062232299
04176-87214360-580133f86f93176a34c88bba3
f2185188ba7ad5c612cdbfc4f43621956aacb37-
N/A-N/A-20170406221942999607