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. 87375402 + 360 (Stylized and/or with Design, see http://uspto.report/TM/87375402/mark.png) has been amended as follows:

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

Please see the actual argument text attached within the Evidence section.

EVIDENCE
Evidence in the nature of Response to Office Action has been attached.
Original PDF file:
evi_381406098-20171219205452200185_._ROA__360__Stylized_.pdf
Converted PDF file(s) ( 4 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for COMPUTER OPERATING PROGRAMS, RECORDED; RECORDED COMPUTER GAME PROGRAMS FOR RECREATIONAL GAME PLAYING PURPOSES; COMPUTER HARDWARE; DATA PROCESSING EQUIPMENT, NAMELY, SMART WATCHES; SMART WATCHES; LAPTOP COMPUTERS; COMPUTER PERIPHERAL DEVICES; COMPUTER MEMORY DEVICES; ELECTRONIC WEARABLE UNITS FOR THE WIRELESS RECEIPT, STORAGE AND TRANSMISSION OF DATA AND MESSAGES; REMOTE CONTROL APPARATUS; ELECTRONIC DEVICE SOFTWARE DRIVERS THAT ALLOW COMPUTER HARDWARE AND ELECTRONIC DEVICES TO COMMUNICATE WITH EACH OTHER; WEARABLE MONITORS, NAMELY, WEARABLE VIDEO MONITORS, WEARABLE TOUCHSCREEN MONITORS; PEDOMETERS; TIME RECORDING APPARATUS; WEARABLE ACTIVITY TRACKERS; APPARATUS FOR TRANSMISSION OF COMMUNICATION; SMART PHONES; MOBILE TELEPHONES; WIRELESS ROUTERS; PORTABLE COMMUNICATION APPARATUS, NAMELY, HANDSETS, PERSONAL DIGITAL ASSISTANTS AND PORTABLE MULTIMEDIA PLAYERS; NETWORK MONITORING CAMERAS FOR SURVEILLANCE; INTELLIGENT CAMERAS; ELECTRONIC DATA RECORDERS FOR AUTOMOBILES; CAMCORDERS FOR AUTOMOBILES, NAMELY, CAMCORDERS FOR RECORDING THE REAL-TIME TRAFFIC STATUS INTO AUDIOS AND VIDEOS IN THE PROCESS OF VEHICLE TRAVELING; CABINETS FOR LOUDSPEAKERS; HEADSETS FOR TELEPHONES, MOBILE TELEPHONES, COMPUTERS; SELFIE STICKS (HAND-HELD MONOPODS); CAMERAS; MEASURING INSTRUMENT AND APPARATUS; ELECTRICAL PLUGS AND SOCKETS; ALARMS FOR ALARM MONITORING SYSTEM; GLASSES AND SUNGLASSES; BATTERIES, ELECTRIC; CHARGERS FOR ELECTRIC BATTERIES; COMPUTER SOFTWARE, NAMELY, COMPUTER SECURITY SOFTWARE FOR DETECTION, BLOCKING AND REMOVAL OF COMPUTER VIRUSES, FEATURING TO SCAN, DETECT AND DELETE, REMOVE AND GUARD AGAINST POTENTIALLY HARMFUL SOFTWARE VIRUSES; MOBILE SECURITY SOFTWARE; COMPUTER APPLICATION SOFTWARE FOR MOBILE PHONES, PORTABLE MEDIA PLAYERS AND HANDHELD COMPUTERS; COMPUTER SOFTWARE, NAMELY, COMPUTER SOFTWARE FOR SECURING USERS TO BROWSE WEBPAGES IN SAFETY; HUMANOID ROBOTS WITH ARTIFICIAL INTELLIGENCE; VIRTUAL REALITY HEADSETS; DOWNLOADABLE APPLICATIONS USED FOR MOBILE PHONES; SMART RINGS
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: computer operating programs, recorded; recorded computer game programs for recreational game playing purposes; computer hardware; data processing equipment, namely, smart watches; smart watches; laptop computers; computer peripheral devices; computer memory devices; electronic wearable units for the wireless receipt, storage and transmission of data and messages; REMOTE CONTROL APPARATUS; remote control apparatus for computers, computer hardware, smartphones, smartwatches, smart robots, cameras; electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; wearable monitors, namely, wearable video monitors, wearable touchscreen monitors; pedometers; time recording apparatus; wearable activity trackers; apparatus for transmission of communication; smart phones; mobile telephones; wireless routers; portable communication apparatus, namely, handsets, personal digital assistants and portable multimedia players; network monitoring cameras for surveillance; intelligent cameras; electronic data recorders for automobiles; CAMCORDERS FOR AUTOMOBILES, NAMELY, CAMCORDERS FOR RECORDING THE REAL-TIME TRAFFIC STATUS INTO AUDIOS AND VIDEOS IN THE PROCESS OF VEHICLE TRAVELING; camcorders for automobiles, namely, camcorders for recording the real-time traffic status into audio and video files in the process of vehicle traveling; cabinets for loudspeakers; headsets for telephones, mobile telephones, computers; SELFIE STICKS (HAND-HELD MONOPODS); selfie sticks being hand-held monopods for smartphones and cameras; cameras; MEASURING INSTRUMENT AND APPARATUS; measuring instruments and apparatus for measuring data usage, camera angles; electrical plugs and sockets; ALARMS FOR ALARM MONITORING SYSTEM; burglar, fire, smoke, and gas alarms for alarm monitoring system; glasses and sunglasses; batteries, electric; chargers for electric batteries; computer software, namely, computer security software for detection, blocking and removal of computer viruses, featuring to scan, detect and delete, remove and guard against potentially harmful software viruses; MOBILE SECURITY SOFTWARE; mobile phones security software, namely, software for system cleaning, optimization, and for preventing mobile phones from infection of virus; COMPUTER APPLICATION SOFTWARE FOR MOBILE PHONES, PORTABLE MEDIA PLAYERS AND HANDHELD COMPUTERS; computer application software for mobile phones, portable media players and handheld computers, namely, software for use in system anti-virus infection, cleaning, optimization, for cooling central processing unit (CPU) and optimizing the battery performance that may be downloaded from a global computer network, software for receiving and transmission of message in the nature of data, text, language, sound, image and video to achieve wireless data communication, software to enable the transmission of mapping, navigation, traffic and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; COMPUTER SOFTWARE, NAMELY, COMPUTER SOFTWARE FOR SECURING USERS TO BROWSE WEBPAGES IN SAFETY; computer software, namely, computer software for securing users to browse webpages in safety in the nature of antivirus computer software; HUMANOID ROBOTS WITH ARTIFICIAL INTELLIGENCE; humanoid robots with artificial intelligence for personal, educational and entertainment use; virtual reality headsets; DOWNLOADABLE APPLICATIONS USED FOR MOBILE PHONES; downloadable applications used for mobile phones, namely, software for system cleaning, optimization, and for preventing mobile phones from infection of virus, software for receiving and transmission of message in the nature of data, text, language, sound, image and video to achieve wireless data communication, software to enable the transmission of mapping, navigation, traffic and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; smart ringsClass 009 for computer operating programs, recorded; recorded computer game programs for recreational game playing purposes; computer hardware; data processing equipment, namely, smart watches; smart watches; laptop computers; computer peripheral devices; computer memory devices; electronic wearable units for the wireless receipt, storage and transmission of data and messages; remote control apparatus for computers, computer hardware, smartphones, smartwatches, smart robots, cameras; electronic device software drivers that allow computer hardware and electronic devices to communicate with each other; wearable monitors, namely, wearable video monitors, wearable touchscreen monitors; pedometers; time recording apparatus; wearable activity trackers; apparatus for transmission of communication; smart phones; mobile telephones; wireless routers; portable communication apparatus, namely, handsets, personal digital assistants and portable multimedia players; network monitoring cameras for surveillance; intelligent cameras; electronic data recorders for automobiles; camcorders for automobiles, namely, camcorders for recording the real-time traffic status into audio and video files in the process of vehicle traveling; cabinets for loudspeakers; headsets for telephones, mobile telephones, computers; selfie sticks being hand-held monopods for smartphones and cameras; cameras; measuring instruments and apparatus for measuring data usage, camera angles; electrical plugs and sockets; burglar, fire, smoke, and gas alarms for alarm monitoring system; glasses and sunglasses; batteries, electric; chargers for electric batteries; computer software, namely, computer security software for detection, blocking and removal of computer viruses, featuring to scan, detect and delete, remove and guard against potentially harmful software viruses; mobile phones security software, namely, software for system cleaning, optimization, and for preventing mobile phones from infection of virus; computer application software for mobile phones, portable media players and handheld computers, namely, software for use in system anti-virus infection, cleaning, optimization, for cooling central processing unit (CPU) and optimizing the battery performance that may be downloaded from a global computer network, software for receiving and transmission of message in the nature of data, text, language, sound, image and video to achieve wireless data communication, software to enable the transmission of mapping, navigation, traffic and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; computer software, namely, computer software for securing users to browse webpages in safety in the nature of antivirus computer software; humanoid robots with artificial intelligence for personal, educational and entertainment use; virtual reality headsets; downloadable applications used for mobile phones, namely, software for system cleaning, optimization, and for preventing mobile phones from infection of virus, software for receiving and transmission of message in the nature of data, text, language, sound, image and video to achieve wireless data communication, software to enable the transmission of mapping, navigation, traffic and point-of-interest information to telecommunications networks, cellular telephones and navigation devices; smart rings
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
Disclaimer
No claim is made to the exclusive right to use "360" for "network monitoring cameras for surveillance; intelligent cameras; camcorders for automobiles, namely, camcorders for recording the real-time traffic status into audios and videos in the process of vehicle traveling; cameras" in International Class 09 apart from the mark as shown.


SIGNATURE(S)
Response Signature
Signature: /Kathleen E. Letourneau/     Date: 12/19/2017
Signatory's Name: Kathleen E. Letourneau
Signatory's Position: Attorney of record, California bar member

Signatory's Phone Number: 415-882-3200

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: 87375402
Internet Transmission Date: Tue Dec 19 20:59:16 EST 2017
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XX-20171219205916791
446-87375402-5107348f560c2f4e1e8c9269b13
b7318cda2037765e612fe45042ad5ee6945a1e-N
/A-N/A-20171219205452200185