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. 87669708 HEYDAY(Standard Characters, see http://uspto.report/TM/87669708/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 - Serial No. 87/669,708 Exhibit A - printout of Target's allowed Application - Serial No. 87/671,355 Exhibit B - Supercell's response to Office Action - Serial No. 79/166,418 has been attached.
Original PDF file:
evi_1992474788-20190528115052862095_._HEYDAY_OA_Response_87669708__-_May_2019.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2-1992474788-20190528115052862095_._HEYDAY_87669708_-_Exhibit_A_-_May_2019.pdf
Converted PDF file(s) ( 3 pages)
Evidence-1
Evidence-2
Evidence-3
Original PDF file:
evi_2-1992474788-20190528115052862095_._HEYDAY_87669708_-_Exhibit_B_-_May_2019.pdf
Converted PDF file(s) ( 8 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Computer hardware; mobile phones, PC tablets, personal digital assistants, namely, PDA's; computer mice and computer mouse pads; computer keyboards; portable photo and document printers; record players; audio cassette and CD players; microphones; power strips, computer cables and extension cords; electric outlet covers; cell phone lenses, clips and stands for use with smartphone cameras; portable video projectors; converters; electrical adapters; virtual reality headsets, glasses, headphones, and handheld controllers; USB wall chargers, outlets, adapters, plugs; computer application software used to control network products and internet of things (IoT) products such as smart home and wearable products; wearable computers in the nature of smartwatches; wearable computer peripherals in the nature of wireless mice and USB adapters; wearable activity trackers; computer application software for mobile phones for measuring, tracking, analyzing, displaying, uploading, and transmitting data from the smart watches or wearable computers or wearable activity trackers; baby monitors; electronic devices, namely, mobile phones, MP3 players, tablet computers and hand-held computing devices for use in monitoring home environments, including temperatures, security systems, lighting, HVAC, electronic air purification systems; downloadable computer software for connecting, operating, and managing networked devices including kitchen appliances, HVAC systems in the internet of things (IoT); remote controls for controlling computers, alarms and security systems, smoke and carbon monoxide detection devices, energy-savings devices, window coverings, garage doors, electric appliances; electronic security monitoring systems for protecting personal property; remote controls for lighting devices, fans, sound systems, door locks; digital photo frames
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 hardware; mobile phones, PC tablets, personal digital assistants, namely, PDA's; computer mice and computer mouse pads; computer keyboards; portable photo and document printers; record players; audio cassette and CD players; microphones; power strips, computer cables and extension cords; electric outlet covers; cell phone lenses, clips and stands for use with smartphone cameras; portable video projectors; converters; electrical adapters; virtual reality headsets, glasses, headphones, and handheld controllers; USB wall chargers, outlets, adapters, plugs; computer application software used to control network products and internet of things (IoT) products such as smart home and wearable products; wearable computers in the nature of smartwatches; wearable computer peripherals in the nature of wireless mice and USB adapters; wearable activity trackers; computer application software for mobile phones for measuring, tracking, analyzing, displaying, uploading, and transmitting data from the smart watches or wearable computers or wearable activity trackers; baby monitors; electronic devices, namely, mobile phones, MP3 players, tablet computers and hand-held computing devices for use in monitoring home environments, including temperatures, security systems, lighting, HVAC, electronic air purification systems; downloadable computer software for connecting, operating, and managing networked devices including kitchen appliances, HVAC systems in the internet of things (IoT); remote controls for controlling computers, alarms and security systems, smoke and carbon monoxide detection devices, energy-savings devices, window coverings, garage doors, electric appliances; electronic security monitoring systems for protecting personal property; electronic security monitoring systems for protecting personal property, comprised of wireless and wired controllers, cameras, monitors, microphones and recorders; remote controls for lighting devices, fans, sound systems, door locks; digital photo framesClass 009 for Computer hardware; mobile phones, PC tablets, personal digital assistants, namely, PDA's; computer mice and computer mouse pads; computer keyboards; portable photo and document printers; record players; audio cassette and CD players; microphones; power strips, computer cables and extension cords; electric outlet covers; cell phone lenses, clips and stands for use with smartphone cameras; portable video projectors; converters; electrical adapters; virtual reality headsets, glasses, headphones, and handheld controllers; USB wall chargers, outlets, adapters, plugs; computer application software used to control network products and internet of things (IoT) products such as smart home and wearable products; wearable computers in the nature of smartwatches; wearable computer peripherals in the nature of wireless mice and USB adapters; wearable activity trackers; computer application software for mobile phones for measuring, tracking, analyzing, displaying, uploading, and transmitting data from the smart watches or wearable computers or wearable activity trackers; baby monitors; electronic devices, namely, mobile phones, MP3 players, tablet computers and hand-held computing devices for use in monitoring home environments, including temperatures, security systems, lighting, HVAC, electronic air purification systems; downloadable computer software for connecting, operating, and managing networked devices including kitchen appliances, HVAC systems in the internet of things (IoT); remote controls for controlling computers, alarms and security systems, smoke and carbon monoxide detection devices, energy-savings devices, window coverings, garage doors, electric appliances; electronic security monitoring systems for protecting personal property, comprised of wireless and wired controllers, cameras, monitors, microphones and recorders; remote controls for lighting devices, fans, sound systems, door locks; digital photo frames
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: /Renee S. Kraft/     Date: 05/28/2019
Signatory's Name: Renee S. Kraft
Signatory's Position: Director Counsel - Trademarks & Copyright

Signatory's Phone Number: 612-696-7804

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: 87669708
Internet Transmission Date: Tue May 28 12:40:31 EDT 2019
TEAS Stamp: USPTO/ROA-XXX.XXX.XX.XX-2019052812403164
9328-87669708-620656699e1d64cc2c1d66514e
4e1f422329d6da0adb59c472fe75e3f956a4-N/A
-N/A-20190528115052862095