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. 87666652  (Stylized and/or with Design, see http://uspto.report/TM/87666652/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 Optical glasses; Cinematographic machines and apparatus; Optical lenses; Corrective glasses; Corrective lenses; Cameras; Lenses for cameras; Binoculars; Lenses for binoculars; Close-up lenses; 3D spectacle lenses; Spectacle lenses for 3D television broadcasting; Spectacle lenses for 3D movie theaters; Spectacles for 3D movie theaters; 3D spectacles; Multimedia projectors; Monocles; Lenses for monocles; Optical devices, namely, lenses and frames; Optical profilers; Optical profilers for sensors; Tool measuring instruments; Distance measuring apparatus; Dust measuring apparatus; AC adapters; USB chargers; Adapter plugs; Battery adapters; Battery chargers; Plug-in connectors; Plug connectors; Electronic eyeglass chargers; Electronic eyewear chargers; Electronic spectacle chargers; Power adapters for chargers; Inductive chargers for electronic devices; Rechargers for electric accumulators; Electrical adapters; Electrical connectors; Electrical plugs and sockets; Power adapters; Power connectors; Electrical power plugs; Electrical power plug adapters; Electrical and electronic connectors; Chargers for batteries; Chargers for electric batteries; Solar batteries; Electrical cells and batteries; Dry cells and batteries; Photovoltaic cells; Rechargeable electric batteries; Rechargeable batteries; Telecommunication machines and apparatus, namely, electric capacitors, computer hardware for telecommunications, electrical transformers; Digital cameras; Digital audio and video recorders and players; Spectacles for 3D television broadcasting; Glasses for 3D television sets; Electric navigational instruments; Navigation apparatus for vehicles; Audio- and video-receivers; Sound reproduction apparatus; Sound transmitting apparatus; Telephones; Cellular phones; Mobile telephones; Wearable portable telephones; Portable telecommunication instant messaging devices; Global positioning system (GPS); Telecommunications transmitters; Wireless transmitters and receivers; Smartphones; Personal digital assistants; Wearable personal digital assistants; Smartglasses; Smart rings; Personal digital assistants in the shape of a watch; Head-mounted video displays; Computers; Computer peripheral devices; USB dongles being wireless network adaptors; USB hubs; Adapters for USB; USB connectors; USB connectors for battery; Computer operating programs; Computer operating software for simulating visual correction Computer operating software for correcting short-sight, far-sight, presbyopia or astigmatism for the purpose of using for eyeglasses embedded with electro-active lenses; Downloadable software application for updating program of correcting eye-sight using for eyeglasses embedded with electro-active lenses; Tablet computers; Laptop computers; Notebook computers; Wearable computers; Wearable computer peripherals; Data processing apparatus; Eyeglasses; Eyewear; Spectacles; Electronic eyeglasses; Electronic eyewear; Electronic spectacles; Eyeglasses for medical purposes; Eyeglasses for vision correction; Medical eyeglasses for amblyopia; Eyeglasses for amblyopia; Functional enhancements and features incorporated into electronic eyewear; Functional enhancements and features incorporated into electronic eyewear, namely, optical and video capture by means of an integrated digital camera, connectivity with nearby electronic devices through the use of short wavelength wireless transmissions, display of and interaction with computer applications for mobile devices, sound amplification and/or interoperability with non-medical hearing aid devices to assist hearing, visual illumination by means of an integrated light source, projection of images by means of an integrated image projector, head-up display of information, images, and video, virtual display of information, images, and video; Fashion eyeglasses; Goggles, namely, safety goggles, sports goggles, dust goggles, swim goggles, ski goggles and protective goggles; Contact lenses; Ophthalmic lenses; Containers for contact lenses; Sunglasses; Anti-glare glasses; Sunglass lenses; Sunglass lenses, semi-finished; Electronic goggles; Electronic contact lenses; Electronic sunglasses; Electronic sunglass lenses; Fitover glasses; Fitover sunglasses; Electronic fitover glasses; Electronic fitover sunglasses; Clip-on glasses; Clip-on sunglasses; Electronic clip-on glasses; Electronic clip-on sunglasses; Spectacle cases; Eyeglass cases; Spectacle temples; Nose pads for eyewear; Bridges for spectacle frames; Ear pads for spectacle frames; Hinges for spectacle frames; Spectacle mountings; Eyeglass cords; Spectacle cords; Spectacle frames; Eyewear frames; Eyeglass frames; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Eyewear lenses; Eyeglass lenses, semi-finished; Eyewear lenses, semi-finished; Spectacle lenses, semi-finished; Eyeglass chains; Spectacle chains; Electronic spectacle frames; Electronic eyewear frames; Electronic eyeglass frames; Electronic eyeglass lenses; Electronic spectacle glasses; Electronic spectacle lenses; Electronic eyewear lenses; Electronic eyeglass lenses, semi-finished; Electronic spectacle lenses, semi-finished; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez cases; Optical frames; Wearable computer peripherals for mobile devices; Computer peripherals for mobile devices; Computer peripherals; Computer peripherals for mobile devices for remotely accessing and transmitting data; Wearable computer hardware; Database management software; Computer software for accessing, browsing and searching online databases; Data synchronization software; Network communication apparatus, namely, mobile and wearable digital electronic devices for the sending and receiving of text, data, audio, image, and video files across networks; Electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; Telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, headsets, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; Apparatus for data storage, namely, mobile and wearable digital electronic devices for the storage of text, data, audio, image, and video files; Computer software for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; Software for the synchronization of data between a remote station or device and a fixed or remote station or device; Computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; Computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; Computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; Eyeglasses embedded with lenses of variable optical powers; Eyeglasses embedded with electro-active lenses; Eyeglasses embedded with electro-active lenses of variable optical powers; Eyeglasses embedded with electro-active lenses correcting vision; Medical eyeglasses for presbyopia; Eyeglasses for presbyopia; Reading glasses; Eyeglasses embedded with flexible refractive lenses; Eyeglasses embedded with lenses which alter optical properties; Eyeglasses embedded with lenses having flexible optical properties altered by electrical control
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: Optical glasses; Cinematographic machines and apparatus; Optical lenses; Corrective glasses; Corrective lenses; Cameras; Lenses for cameras; Binoculars; Lenses for binoculars; Close-up lenses; 3D spectacle lenses; Spectacle lenses for 3D television broadcasting; Spectacle lenses for 3D movie theaters; Spectacles for 3D movie theaters; 3D spectacles; Multimedia projectors; Monocles; Lenses for monocles; Optical devices, namely, lenses and frames; Optical profilers; Optical profilers for sensors; Tool measuring instruments; Distance measuring apparatus; Distance measuring apparatus embedded with electro-active lenses; Dust measuring apparatus; Dust measuring apparatus embedded with electro-active lenses; AC adapters; USB chargers; Adapter plugs; Battery adapters; Battery chargers; Plug-in connectors; Plug connectors; Electronic eyeglass chargers; Electronic eyewear chargers; Electronic spectacle chargers; Power adapters for chargers; Inductive chargers for electronic devices; Rechargers for electric accumulators; Electrical adapters; Electrical connectors; Electrical plugs and sockets; Power adapters; Power connectors; Electrical power plugs; Electrical power plug adapters; Electrical and electronic connectors; Chargers for batteries; Chargers for electric batteries; Solar batteries; Electrical cells and batteries; Dry cells and batteries; Photovoltaic cells; Rechargeable electric batteries; Rechargeable batteries; Telecommunication machines and apparatus, namely, electric capacitors, computer hardware for telecommunications, electrical transformers; Digital cameras; Digital audio and video recorders and players; Spectacles for 3D television broadcasting; Glasses for 3D television sets; Electric navigational instruments; Navigation apparatus for vehicles; Audio- and video-receivers; Sound reproduction apparatus; Sound transmitting apparatus; Telephones; Cellular phones; Mobile telephones; Wearable portable telephones; Portable telecommunication instant messaging devices; Global positioning system (GPS); Telecommunications transmitters; Wireless transmitters and receivers; Smartphones; Personal digital assistants; Wearable personal digital assistants; Smartglasses; Smart rings; Personal digital assistants in the shape of a watch; Head-mounted video displays; Computers; Computer peripheral devices; USB dongles being wireless network adaptors; USB hubs; Adapters for USB; USB connectors; USB connectors for battery; Computer operating programs; Computer operating software for simulating visual correction Computer operating software for correcting short-sight, far-sight, presbyopia or astigmatism for the purpose of using for eyeglasses embedded with electro-active lenses; Downloadable software application for updating program of correcting eye-sight using for eyeglasses embedded with electro-active lenses; Tablet computers; Laptop computers; Notebook computers; Wearable computers; Wearable computer peripherals; Data processing apparatus; Eyeglasses; Eyewear; Spectacles; Electronic eyeglasses; Electronic eyewear; Electronic spectacles; Eyeglasses for medical purposes; Eyeglasses for vision correction; Medical eyeglasses for amblyopia; Eyeglasses for amblyopia; Functional enhancements and features incorporated into electronic eyewear; Features incorporated into electronic eyewear, namely, optical and video capture by means of an integrated digital camera, connectivity with nearby electronic devices through the use of short wavelength wireless transmissions, display of and interaction with computer applications for mobile devices, sound amplification and/or interoperability with non-medical hearing aid devices to assist hearing, visual illumination by means of an integrated light source, projection of images by means of an integrated image projector, head-up display of information, images, and video, virtual display of information, images, and video; Functional enhancements and features incorporated into electronic eyewear, namely, optical and video capture by means of an integrated digital camera, connectivity with nearby electronic devices through the use of short wavelength wireless transmissions, display of and interaction with computer applications for mobile devices, sound amplification and/or interoperability with non-medical hearing aid devices to assist hearing, visual illumination by means of an integrated light source, projection of images by means of an integrated image projector, head-up display of information, images, and video, virtual display of information, images, and video; Fashion eyeglasses; Goggles, namely, safety goggles, sports goggles, dust goggles, swim goggles, ski goggles and protective goggles; Contact lenses; Ophthalmic lenses; Containers for contact lenses; Sunglasses; Anti-glare glasses; Sunglass lenses; Sunglass lenses, semi-finished; Electronic goggles; Electronic contact lenses; Electronic sunglasses; Electronic sunglass lenses; Fitover glasses; Fitover sunglasses; Electronic fitover glasses; Electronic fitover sunglasses; Clip-on glasses; Clip-on sunglasses; Electronic clip-on glasses; Electronic clip-on sunglasses; Spectacle cases; Eyeglass cases; Spectacle temples; Nose pads for eyewear; Bridges for spectacle frames; Ear pads for spectacle frames; Hinges for spectacle frames; Spectacle mountings; Eyeglass cords; Spectacle cords; Spectacle frames; Eyewear frames; Eyeglass frames; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Eyewear lenses; Eyeglass lenses, semi-finished; Eyewear lenses, semi-finished; Spectacle lenses, semi-finished; Eyeglass chains; Spectacle chains; Electronic spectacle frames; Electronic eyewear frames; Electronic eyeglass frames; Electronic eyeglass lenses; Electronic spectacle glasses; Electronic spectacle lenses; Electronic eyewear lenses; Electronic eyeglass lenses, semi-finished; Electronic spectacle lenses, semi-finished; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez cases; Optical frames; Wearable computer peripherals for mobile devices; Computer peripherals for mobile devices; Computer peripherals; Computer peripherals for mobile devices for remotely accessing and transmitting data; Wearable computer hardware; Database management software; Computer software for accessing, browsing and searching online databases; Data synchronization software; Network communication apparatus, namely, mobile and wearable digital electronic devices for the sending and receiving of text, data, audio, image, and video files across networks; Electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; Telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, headsets, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; Apparatus for data storage, namely, mobile and wearable digital electronic devices for the storage of text, data, audio, image, and video files; Computer software for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; Software for the synchronization of data between a remote station or device and a fixed or remote station or device; Computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; Computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; Computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; Eyeglasses embedded with lenses of variable optical powers; Eyeglasses embedded with electro-active lenses; Eyeglasses embedded with electro-active lenses of variable optical powers; Eyeglasses embedded with electro-active lenses of variable optical powers; Eyeglasses embedded with electro-active lenses correcting vision; Medical eyeglasses for presbyopia; Eyeglasses for presbyopia; Reading glasses; Eyeglasses embedded with flexible refractive lenses; Eyeglasses embedded with lenses which alter optical properties; Eyeglasses embedded with lenses having flexible optical properties altered by electrical controlClass 009 for Optical glasses; Cinematographic machines and apparatus; Optical lenses; Corrective glasses; Corrective lenses; Cameras; Lenses for cameras; Binoculars; Lenses for binoculars; Close-up lenses; 3D spectacle lenses; Spectacle lenses for 3D television broadcasting; Spectacle lenses for 3D movie theaters; Spectacles for 3D movie theaters; 3D spectacles; Multimedia projectors; Monocles; Lenses for monocles; Optical devices, namely, lenses and frames; Optical profilers; Optical profilers for sensors; Tool measuring instruments; Distance measuring apparatus embedded with electro-active lenses; Dust measuring apparatus embedded with electro-active lenses; AC adapters; USB chargers; Adapter plugs; Battery adapters; Battery chargers; Plug-in connectors; Plug connectors; Electronic eyeglass chargers; Electronic eyewear chargers; Electronic spectacle chargers; Power adapters for chargers; Inductive chargers for electronic devices; Rechargers for electric accumulators; Electrical adapters; Electrical connectors; Electrical plugs and sockets; Power adapters; Power connectors; Electrical power plugs; Electrical power plug adapters; Electrical and electronic connectors; Chargers for batteries; Chargers for electric batteries; Solar batteries; Electrical cells and batteries; Dry cells and batteries; Photovoltaic cells; Rechargeable electric batteries; Rechargeable batteries; Telecommunication machines and apparatus, namely, electric capacitors, computer hardware for telecommunications, electrical transformers; Digital cameras; Digital audio and video recorders and players; Spectacles for 3D television broadcasting; Glasses for 3D television sets; Electric navigational instruments; Navigation apparatus for vehicles; Audio- and video-receivers; Sound reproduction apparatus; Sound transmitting apparatus; Telephones; Cellular phones; Mobile telephones; Wearable portable telephones; Portable telecommunication instant messaging devices; Global positioning system (GPS); Telecommunications transmitters; Wireless transmitters and receivers; Smartphones; Personal digital assistants; Wearable personal digital assistants; Smartglasses; Smart rings; Personal digital assistants in the shape of a watch; Head-mounted video displays; Computers; Computer peripheral devices; USB dongles being wireless network adaptors; USB hubs; Adapters for USB; USB connectors; USB connectors for battery; Computer operating programs; Computer operating software for simulating visual correction Computer operating software for correcting short-sight, far-sight, presbyopia or astigmatism for the purpose of using for eyeglasses embedded with electro-active lenses; Downloadable software application for updating program of correcting eye-sight using for eyeglasses embedded with electro-active lenses; Tablet computers; Laptop computers; Notebook computers; Wearable computers; Wearable computer peripherals; Data processing apparatus; Eyeglasses; Eyewear; Spectacles; Electronic eyeglasses; Electronic eyewear; Electronic spectacles; Eyeglasses for medical purposes; Eyeglasses for vision correction; Medical eyeglasses for amblyopia; Eyeglasses for amblyopia; Features incorporated into electronic eyewear, namely, optical and video capture by means of an integrated digital camera, connectivity with nearby electronic devices through the use of short wavelength wireless transmissions, display of and interaction with computer applications for mobile devices, sound amplification and/or interoperability with non-medical hearing aid devices to assist hearing, visual illumination by means of an integrated light source, projection of images by means of an integrated image projector, head-up display of information, images, and video, virtual display of information, images, and video; Fashion eyeglasses; Goggles, namely, safety goggles, sports goggles, dust goggles, swim goggles, ski goggles and protective goggles; Contact lenses; Ophthalmic lenses; Containers for contact lenses; Sunglasses; Anti-glare glasses; Sunglass lenses; Sunglass lenses, semi-finished; Electronic goggles; Electronic contact lenses; Electronic sunglasses; Electronic sunglass lenses; Fitover glasses; Fitover sunglasses; Electronic fitover glasses; Electronic fitover sunglasses; Clip-on glasses; Clip-on sunglasses; Electronic clip-on glasses; Electronic clip-on sunglasses; Spectacle cases; Eyeglass cases; Spectacle temples; Nose pads for eyewear; Bridges for spectacle frames; Ear pads for spectacle frames; Hinges for spectacle frames; Spectacle mountings; Eyeglass cords; Spectacle cords; Spectacle frames; Eyewear frames; Eyeglass frames; Eyeglass lenses; Spectacle glasses; Spectacle lenses; Eyewear lenses; Eyeglass lenses, semi-finished; Eyewear lenses, semi-finished; Spectacle lenses, semi-finished; Eyeglass chains; Spectacle chains; Electronic spectacle frames; Electronic eyewear frames; Electronic eyeglass frames; Electronic eyeglass lenses; Electronic spectacle glasses; Electronic spectacle lenses; Electronic eyewear lenses; Electronic eyeglass lenses, semi-finished; Electronic spectacle lenses, semi-finished; Pince-nez; Pince-nez mountings; Pince-nez cords; Pince-nez chains; Pince-nez cases; Optical frames; Wearable computer peripherals for mobile devices; Computer peripherals for mobile devices; Computer peripherals; Computer peripherals for mobile devices for remotely accessing and transmitting data; Wearable computer hardware; Database management software; Computer software for accessing, browsing and searching online databases; Data synchronization software; Network communication apparatus, namely, mobile and wearable digital electronic devices for the sending and receiving of text, data, audio, image, and video files across networks; Electronic communication equipment and instruments, namely, mobile and wearable digital electronic devices for sending and receiving of text, data, audio, image, and video files; Telecommunications apparatus and instruments, namely, speakers and microphones sold as component features of computers, headsets, mobile and wearable digital electronic devices for the sending and receiving of telephone calls, text messages, electronic mail, and other digital data, and for use in providing access to the internet; Apparatus for data storage, namely, mobile and wearable digital electronic devices for the storage of text, data, audio, image, and video files; Computer software for recording, organizing, transmitting, manipulating, and reviewing text, data, audio, image and video files; Software for the synchronization of data between a remote station or device and a fixed or remote station or device; Computer application software for use in connection with configuring and controlling wearable computer hardware and wearable computer peripherals; Computer software for monitoring, processing, displaying, storing and transmitting data relating to a user's physical activity; Computer software for managing information regarding tracking, compliance and motivation with a health and fitness program; Eyeglasses embedded with lenses of variable optical powers; Eyeglasses embedded with electro-active lenses; Eyeglasses embedded with electro-active lenses of variable optical powers; Eyeglasses embedded with electro-active lenses correcting vision; Medical eyeglasses for presbyopia; Eyeglasses for presbyopia; Reading glasses; Eyeglasses embedded with flexible refractive lenses; Eyeglasses embedded with lenses which alter optical properties; Eyeglasses embedded with lenses having flexible optical properties altered by electrical control
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: /Nancy Dwyer Chapman/     Date: 06/12/2018
Signatory's Name: Nancy Dwyer Chapman
Signatory's Position: Attorney for Applicant, New York State Bar member

Signatory's Phone Number: 914-723-4300 x160

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: 87666652
Internet Transmission Date: Tue Jun 12 17:11:04 EDT 2018
TEAS Stamp: USPTO/ROA-XXX.X.XXX.XXX-2018061217110420
4026-87666652-610a5e0fc438d82a54da7ba819
ebab344c8f56a432667335bf987d4927ce38813-
N/A-N/A-20180612170345699552