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. 87646992 CICADA WING(Standard Characters, see http://uspto.report/TM/87646992/mark.png) has been amended as follows:

EVIDENCE
Evidence in the nature of Applicant's Response to Office Action attached as a pdf file has been attached.
Original PDF file:
evi_69201170243-20180601141207178417_._Shen_Royole_Resp_Off_Action_Cicada_Wing_June_2018.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 Batteries, electric; Cards with integrated circuits; Computer peripheral devices; Electronic notice boards; Encoded identification bracelets, magnetic; Eyeglasses; Headphones; Integrated circuit cards and components; Interactive touch screen terminals; Notebook computers; Photocopiers; Photographic cameras; Portable media players; Recorded computer operating programs; Smart watches; Smartglasses; Smartphones; Tablet computers; Video screens; Virtual reality headsets; Virtual reality glasses; Educational apparatus, namely, blocks used as teaching aids for medical teaching mannequins, manipulative blocks used as teaching aids for the visualization of math concepts
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: Batteries, electric; Cards with integrated circuits; Computer peripheral devices; Electronic notice boards; Encoded identification bracelets, magnetic; Eyeglasses; Headphones; Integrated circuit cards and components; Interactive touch screen terminals; Notebook computers; Photocopiers; Portable media players; Photographic cameras; Recorded computer operating programs; Smart watches; Smartglasses; Smartphones; Tablet computers; Video screens; Virtual reality headsets; Virtual reality glasses; Educational apparatus, namely, blocks used as teaching aids for medical teaching mannequins, manipulative blocks used as teaching aids for the visualization of math conceptsClass 009 for Cards with integrated circuits; Computer peripheral devices; Electronic notice boards; Encoded identification bracelets, magnetic; Eyeglasses; Headphones; Integrated circuit cards and components; Interactive touch screen terminals; Notebook computers; Photocopiers; Portable media players; Recorded computer operating programs; Smart watches; Smartglasses; Smartphones; Tablet computers; Video screens; Virtual reality headsets; Virtual reality glasses; Educational apparatus, namely, blocks used as teaching aids for medical teaching mannequins, manipulative blocks used as teaching aids for the visualization of math concepts
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: /Kevin Murphy/     Date: 06/01/2018
Signatory's Name: Kevin Murphy
Signatory's Position: Attorney of record, New York bar member

Signatory's Phone Number: 2123803623

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: 87646992
Internet Transmission Date: Fri Jun 01 14:21:56 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201806011421566
81192-87646992-6103d9c90a2e848ecdaf7bd8d
275c89d1852b1457c485c5e7c11f4dd3321f223-
N/A-N/A-20180601141207178417