TEAS Request Reconsideration after FOA

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 1960 (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 1960 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Request for Reconsideration after Final Action

To the Commissioner for Trademarks:

Application serial no. 87519134 DYNAEDGE(Standard Characters, see http://uspto.report/TM/87519134/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Telecommunication machines and apparatus, namely, earphones, microphones, speakerphones, and speakers; mobile computers and their accessories, namely, carrying cases, holders, holsters, instruments for mounting mobile computer on display monitor, computer cables, clips for computer cables, battery packs for mobile computer, battery chargers for mobile computer batteries, and computer stands specially design for mobile computers; personal computers; personal digital assistants; computer programs for remote assistance, teleconferencing, video conferencing, audio conferencing, viewing digital contents, transmitting sounds, images, text and data via the internet, chatting and text messaging over network, and configuration of mobile computers, personal computers, smartglasses, and personal digital assistants; electronic machines, apparatus, and their parts, namely, smartglasses, instruments for mounting smartglasses to safety helmets, head band to fix smartglasses, ear hooks for smartglasses, batteries for smartglasses, battery holders for smartglasses, wearable display devices, instrument for mounting wearable display devices to eyeglasses or protective glasses, batteries for wearable display devices, and battery holders for wearable display devices
Original Filing Basis:
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 2017-072234 filed 05/30/2017]. 15 U.S.C.Section 1126(d), as amended.

Filing Basis: Section 44(e), Based on Foreign Registration: For all applications: The applicant attaches a copy of [ Japan registration number 6018192 registered 02/09/2018 with a renewal date of __________ and an expiration date of 02/09/2028 ], and translation thereof, if appropriate. 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. 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 on or 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 or services that meet the certification standards of the applicant.

Proposed:
Tracked Text Description: Telecommunication machines and apparatus, namely, earphones, microphones, speakerphones, and speakers; Telecommunication machines and apparatus, namely, earphones, microphones, speakerphones, and audio speakers; mobile computers and their accessories, namely, carrying cases, holders, holsters, instruments for mounting mobile computer on display monitor, computer cables, clips for computer cables, battery packs for mobile computer, battery chargers for mobile computer batteries, and computer stands specially design for mobile computers; mobile computers and their accessories, namely, caring cases, holders, specialty holsters adapted for carrying mobile computers, mounting devices for mounting mobile computer on display monitor, computer cables, battery packs for mobile computer, battery chargers for mobile computer batteries, and computer stands specially design for mobile computers; personal computers; personal digital assistants; computer programs for remote assistance, teleconferencing, video conferencing, audio conferencing, viewing digital contents, transmitting sounds, images, text and data via the internet, chatting and text messaging over network, and configuration of mobile computers, personal computers, smartglasses, and personal digital assistants; electronic machines, apparatus, and their parts, namely, smartglasses, instruments for mounting smartglasses to safety helmets, head band to fix smartglasses, ear hooks for smartglasses, batteries for smartglasses, battery holders for smartglasses, wearable display devices, instrument for mounting wearable display devices to eyeglasses or protective glasses, batteries for wearable display devices, and battery holders for wearable display devices; electronic machines, apparatus, and their parts, namely, smartglasses, ear hooks attachment for smartglasses, batteries for smartglasses, battery holders for smartglasses, wearable video display monitors, batteries for wearable display devices, and battery holders for wearable display devicesClass 009 for Telecommunication machines and apparatus, namely, earphones, microphones, speakerphones, and audio speakers; mobile computers and their accessories, namely, caring cases, holders, specialty holsters adapted for carrying mobile computers, mounting devices for mounting mobile computer on display monitor, computer cables, battery packs for mobile computer, battery chargers for mobile computer batteries, and computer stands specially design for mobile computers; personal computers; personal digital assistants; computer programs for remote assistance, teleconferencing, video conferencing, audio conferencing, viewing digital contents, transmitting sounds, images, text and data via the internet, chatting and text messaging over network, and configuration of mobile computers, personal computers, smartglasses, and personal digital assistants; electronic machines, apparatus, and their parts, namely, smartglasses, ear hooks attachment for smartglasses, batteries for smartglasses, battery holders for smartglasses, wearable video display monitors, batteries for wearable display devices, and battery holders for wearable display devices
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 [ Japan application number 2017-072234 filed 05/30/2017]. 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 and requests that the application be suspended to await the submission of the foreign registration. If ultimately the applicant does not rely on §44(e) as a basis for registration, a valid claim of priority may be retained.

Filing Basis: Section 44(e), Based on Foreign Registration:For all applications: The applicant attaches a copy of [ Japan registration number 6018192 registered 02/09/2018 with a renewal date of __________ and an expiration date of 02/09/2028 ], and translation thereof, if appropriate, before the application may proceed to registration. 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. 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 on or 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 or services that meet the certification standards of the applicant.

SIGNATURE(S)
Request for Reconsideration Signature
Signature: /Christie Baty Hudgins/     Date: 10/17/2018
Signatory's Name: Christie Baty Hudgins
Signatory's Position: Attorney of Record, DC Bar Member

Signatory's Phone Number: 202.408.4000

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.

The applicant is not filing a Notice of Appeal in conjunction with this Request for Reconsideration.

        
Serial Number: 87519134
Internet Transmission Date: Wed Oct 17 15:26:30 EDT 2018
TEAS Stamp: USPTO/RFR-XX.XXX.X.X-2018101715263067866
1-87519134-610ece7246b2c5e083ba207168bf4
f582ffee76981607aa4d96d32f06bc95d745d-N/
A-N/A-20181017152127553260