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. 87712233 PARALLEL REALITY(Standard Characters, see http://uspto.report/TM/87712233/mark.png) has been amended as follows:

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

OA RESPONSE FOR:

 

U.S. Trademark Application Serial No. 87/712,233

PARALLEL REALITY in Class 09, 11, 35, 37, 38, 41 and 42

Seed IP Ref: 670132.206

 

 

Amend ID of Goods:

 

Class 09:

computer and software products and electrical and scientific products, namely, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving, and teaching apparatus and instruments, namely multi-view electronic display boards; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; blank recording discs; blank magnetic carriers; cash registers; calculating machines; fire extinguishing apparatus; data processing apparatus; electronic displays, namely, digital signage; electric and electronic display panels for displaying multiple views; electric warning lights; air runway and transportation directional lights; illuminated exit signs; illuminated evacuation signs; electronic script prompters and cues for use in conjunction with multi-view displays presentation and performance purposes; customized content distribution and delivery systems, namely, multi-view electronic display boards; customized content distribution and delivery systems, namely, computer software and computer hardware for electronic and static display; electric sensors; computer software and hardware for analyzing data from electric sensors and related sources their attendant servers and memory media; electronic systems, namely, comprising computer software and hardware for the input, output, storage, retrieval, communication and display of data and informationadvertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, wayfinding; electronic systems comprising software and hardware for wayfinding;, namely, computer software and hardware for acquisition, analysis, and application of data in the field of content distribution and delivery, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, and wayfinding; carrying cases specifically adapted for carrying electronic multi-view display boards and ancillary relatedcasings for displays and components including lights; supporting devices for multi-view electronic display systems, namely, electronic control comprising wands and wearables in the nature of smart watches, smart eyeglasses, activity trackers, video display monitors, computer peripherals in the nature of wireless mice that are adapted to engage with multi-view displays; electric warning light systems; emergency warning lighting; emergency evacuation lighting; navigational safety-warning lights, namely, lights that are specifically adapted to engage with electronic multi-view displays

 

Class 11:

environmental control instruments;Airport runway and transportation directional lights; carrying cases specifically adapted for electric lights; lighting installations; lighting systemsinstallations for use in the field of architectural lighting;, cautionary lighting, decorative lighting, lighting effects, emergency lighting, in the nature of light bulbs, electric lanterns, lamps, LED lighting fixtures, floodlights, spotlights, chandeliers, wall lights, lanterns, LED light strips, figurines; entertainment lighting, namely, stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; light stands for theatrical stage lighting, live music and musical stage lighting, live show stage lighting, film stage lighting; lighting apparatus for sports arenas and theme parks; exitevacuation lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; guidance lighting, illumination, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; navigational lighting, runway lighting, show lighting, theatrical lighting, namely, lamps, LEDs, electric luminaires, LED luminaires, luminaire reflectors, luminaire diffusers, luminaire refractors, luminaire diffractors; theatrical lighting, namely, theatrical stage lighting apparatus; thematic lighting, transportation lighting namely stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes, namely, lighting installations, heating installation, liquid fuel heating appliance, gas fuel heating appliance, steam generating installations, electric cooker, induction cooker, microwave ovens, refrigerator, freezing device, namely, freezers, dryer for industrial use, namely, dryer for drying paint, dryer for drying coatings, convection dryers, air dryer for drying clothes, air dryer for drying hands, air dryer for drying hair, ventilation regulator, valve for water supply

 

Class 35:

advertising services; marketing services; business management consultation; providing office functions; business administration services; retail store services featuring a wide variety of consumer goods of others; analysis of market research data and statistics; marketing research, studies, analysis and assessment; providing advertising, marketing and promotional services, namely, experiential or immersive advertising, promotional, and marketing campaigns for others; data acquisition and collection for use in the field of advertising and marketing; technical consultation in the field of marketing campaigns and experiential marketing experiences; technical business consultation related to retail and dining experiences

 

Class 37:

building construction services; repair and installation services of multi-view electronic displays and electronic apparatuses and systems related thereto; technical consultation in the field of installation and maintenance of lighting apparatus, lighting instruments, and lighting systems; technical consultation in the field of content distribution and delivery; technical consultation in the field of content distribution and delivery for advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; technical consultation in the field of experiential design; technical consultation for designs of theme park and other entertainment experiences, marketing campaign experiences, wayfinding systems, educational experiences, retail and dining experiences, architectural lighting programs, city planning, and transportation planning

 

Class 38:

communication services, namely, electronic data transmission; technical consultation in the field of content distribution and delivery, namely, electronic data transmission; technical consultation in the field of electronic transmission of content distribution and delivery, namely, electronic dissemination and delivery of audio, video or media content to users via television, handheld device, mobile device, connected device, computer, or computer networkof communications via sensory means

 

Class 41:

education and entertainment services, namely, conducting classes, seminars, conferences, and workshops in a live and virtual environment in the field of sports, culture, and personal enrichment; entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content, and live visual and audio performances, namely, in the field ofentertainment, education, sports, culture, and personal enrichment; training services in the field ofentertainment, education, sports, culture, and personal enrichment; cross-cultural training; gambling services; translations, namely, language translations; technical consultation in the field of translation services

 

Class 42:

Scientific and technological services, namely, research and design in the field of computer systems; industrial analysis and research services in the field of fiber optics; design and development of computer hardware and software; data acquisition and collection, namely, data automation and collection service using proprietary software to evaluate, analyze and collect service data; technical consultation related to illumination, namely, lighting design, and technology specification services pertaining to permanent or temporary architectural, theatrical, entertainment, commercial and/or residential applications;  for use in the field comprising content distribution systems, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; computer services in the field comprising content distribution, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfindingtechnical consultation in the field of security, namely, computer, internet, data and digital signal processing security; technical consultation in the field of electronic scoreboard design; technical consultation for transportation and traffic planning services; technical consultation in the field of wayfinding systems for others; technical consultation for designs of theme park; technical consultation in the field of city planning and transportation planning; technical consultation in the field of architectural lighting design

 

REMARKS

In an Office Action dated March 20, 2018, the Examining Attorney: (1) refused registration under Section 2(e)(1) on the ground that the mark PARALLEL REALITY merely describes a feature of Applicant’s goods; and (2) objected to portions of the identification of goods/services in classes 09, 11, 37, 38, 41 and 42 as indefinite.  Applicant has addressed the objection to the identification of goods/services below, and Applicant respectfully disagrees with the merely descriptive refusal and requests reconsideration and withdrawal of the refusal for the following reasons.

I. Section 2(e)(1) Analysis

 

It is well settled that in order to be merely descriptive, a mark must immediately convey information as to the qualities, features or characteristics of the goods and/or services with a “degree of particularity.”  Plus Products v. Medical Modalities Associates, Inc., 211 USPQ 1199, 1204-1205 (TTAB 1981) (emphasis added); Holiday Inns, Inc. v. Monolith Enterprises, 212 USPQ 949, 952 (TTAB 1981); In re TMS Corp. of the Americas, 200 USPQ 57, 59 (TTAB 1978).

In the Office Action, the Examining Attorney has premised the refusal of Applicant’s PARALLEL REALITY mark as merely descriptive on the misunderstanding that Applicant’s goods or certain services use, or are within a technological environment, of augmented reality or virtual reality technology. 

Applicant clarifies and states that none of its goods or services is directed to, or use in any way, augmented or virtual reality.  Rather, Applicant has developed novel, proprietary pixelated technology that is implemented by its electronic multi-view display panels and related computer software and hardware systems.  The electronic multi-view display panels are, generally, capable of simultaneously presenting different, but actual, images to different viewers depending on the desired contents.  Broadly, the multi-view display panels operate by controlling images presented to different viewing locations, where each location has a unique viewing angle with respect to each pixel in the multi-view display panel.  Consequently, the multi-view display panel is capable of simultaneously presenting a different image to each viewer that is at a different viewing location with respect to the multi-view display panel. 

Among other things, the methods, systems, and processes that are implemented in the pixelated technology include generating personalized/differentiated content by using various sensors, processors, cameras, etc., and thereafter using multiple projection elements to emit light of different color and brightness at different angles.  The projection elements typically include a light source, an imager, and a lens and each projection element, i.e., a single pixel of the display, is controlled by a processor.  The light source illuminates the imager and the imager filters or directs the light through the lens.  The lens is capable of directing light that is received from locations of the imager in different directions.  As an example, a projector with a resolution of 1920x1080 is capable of controllably directing light in over two million directions.  The color and brightness emitted at each angle is different. Each element, from a viewer’s perspective, appears to be a light source of the color and brightness of the light that is projected onto the viewer, even if the projection is too dim for any image to be visible on nearby surfaces. As a consequence, the appearance of each projection element from the perspective of a viewer is dependent upon the angle at which the viewer views the element. 

Given the above description of the technology that is implemented in the multi-view display panels and related computer software, hardware, and other components, it should be clear that Applicant’s goods/services do not in any way use augmented reality or virtual reality.  As such, Applicant respectfully submits that the refusal of Applicant’s mark as merely descriptive of its goods/services should be withdrawn.  Applicant further notes for the convenience of the Examining Attorney that its multi-view display panels, and systems, methods, apparatuses that are used in connection therewith are subject to multiple patents, including U.S. Patent No. 9,7815,826, U.S. Patent Publication Nos. US2016/0210100A1, US2016/0212417A1, US2016/0224122A1, US2017/0205889A1, US2016/0227201A1, US2016/0261856A1, and US2016/0364087A1, among others. 

II. Identification of Goods

The Examining Attorney objected to portions of the identification of goods/services in classes 09, 11, 37, 38, 41 and 42 as indefinite.  In response, Applicant has amended the identification of goods and services to add further clarification and has also moved certain goods/services within the classes so that the goods/services fall in the appropriate classes.  Applicant directs the Examining Attorney to Applicant’s other applications, serial numbers 87/448,376, 87/448,373, and 87/448,374, where the currently proposed amendment to the goods and services has been accepted by the USPTO.  Applicant, therefore, believes its recitation of goods and services is now acceptable as amended.

III. Further Information Request

In response to the Examining Attorney’s further questions, Applicant has described above that its goods and services feature novel, patented technology that is directed topixel technology implemented in its electronic multi-view display panels.  Applicant’s electronic multi-view display panels are, generally, capable of simultaneously presenting different, but actual, images to different viewers depending on the desired contents.  Salient features and components of the electronic multi-view display panels have been described above in detail, including operational and functional methods/processes.

Further, Applicant reiterates that its goods or services are not related to “parallel technology” that the Examining Attorney states is related to augmented or virtual reality.  Nor do competitors or members of the technology industry use the phrase “Parallel Reality” to advertise or describe electronic multi-view display panels, or related computer software, hardware, and other ancillary components. 

Applicant believes that it has described and addressed the request for further information.  Should additional information be required, the Examining Attorney is respectfully encouraged to contact the undersigned. 

IV. Conclusion 

In view of the above, Applicant believes its application is now in condition for publication.  If questions remain, the Examining Attorney is invited to contact Applicant's counsel, Syed Abedi, by email at SyedA.docketing@SeedIP.com or by telephone at (206) 622-4900.

      

 

 

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for computer and software products and electrical and scientific products, namely, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving, and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; blank recording discs; magnetic carriers; cash registers; calculating machines; fire extinguishing apparatus; data processing apparatus; electronic displays, namely, digital signage; electric and electronic display panels; electric warning lights; air runway and transportation directional lights; illuminated exit signs; illuminated evacuation signs; prompters and cues for presentation and performance purposes; customized content distribution and delivery systems; customized content distribution and delivery systems, namely, computer software and computer hardware for electronic and static display; electric sensors; computer software and hardware for analyzing data from sensors and related sources; electronic systems comprising software and hardware for advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, wayfinding; electronic systems, namely, computer software and hardware for acquisition, analysis, and application of data in the field of content distribution and delivery, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, and wayfinding; casings for displays and lights; supporting devices for multi-view systems comprising wands and wearables
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 and software products and electrical and scientific products, namely, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking, life-saving, and teaching apparatus and instruments; scientific, nautical, surveying, photographic, cinematographic, optical, measuring, signaling, checking, and teaching apparatus and instruments, namely multi-view electronic display boards; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; blank recording discs; blank magnetic carriers; magnetic carriers; cash registers; calculating machines; fire extinguishing apparatus; data processing apparatus; electronic displays, namely, digital signage; electric and electronic display panels for displaying multiple views; electric and electronic display panels; electric warning lights; illuminated exit signs; air runway and transportation directional lights; illuminated evacuation signs; electronic script prompters and cues for use in conjunction with multi-view displays; customized content distribution and delivery systems, namely, multi-view electronic display boards; prompters and cues for presentation and performance purposes; customized content distribution and delivery systems, namely, computer software and computer hardware for electronic and static display; customized content distribution and delivery systems; electric sensors; computer software and hardware for analyzing data from electric sensors and their attendant servers and memory media; electronic systems, namely, computer software and hardware for the input, output, storage, retrieval, communication and display of data and information; computer software and hardware for analyzing data from sensors and related sources; electronic systems comprising software and hardware for wayfinding; electronic systems comprising software and hardware for advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, wayfinding; carrying cases specifically adapted for carrying electronic multi-view display boards and ancillary related components including lights; electronic systems, namely, computer software and hardware for acquisition, analysis, and application of data in the field of content distribution and delivery, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, translations, transportation, and wayfinding; supporting devices for multi-view electronic display systems, namely, electronic control wands and wearables in the nature of smart watches, smart eyeglasses, activity trackers, video display monitors, computer peripherals in the nature of wireless mice that are adapted to engage with multi-view displays; casings for displays and lights; electric warning light systems; supporting devices for multi-view systems comprising wands and wearables; emergency warning lighting; emergency evacuation lighting; navigational safety-warning lights, namely, lights that are specifically adapted to engage with electronic multi-view displaysClass 009 for scientific, nautical, surveying, photographic, cinematographic, optical, measuring, signaling, checking, and teaching apparatus and instruments, namely multi-view electronic display boards; apparatus for recording, transmission or reproduction of sound or images; blank recording discs; blank magnetic carriers; cash registers; calculating machines; fire extinguishing apparatus; data processing apparatus; electronic displays, namely, digital signage; electric and electronic display panels for displaying multiple views; electric warning lights; illuminated exit signs; illuminated evacuation signs; electronic script prompters and cues for use in conjunction with multi-view displays; customized content distribution and delivery systems, namely, multi-view electronic display boards; customized content distribution and delivery systems, namely, computer software and computer hardware for electronic and static display; electric sensors; computer software and hardware for analyzing data from electric sensors and their attendant servers and memory media; electronic systems, namely, computer software and hardware for the input, output, storage, retrieval, communication and display of data and information; electronic systems comprising software and hardware for wayfinding; carrying cases specifically adapted for carrying electronic multi-view display boards and ancillary related components including lights; supporting devices for multi-view electronic display systems, namely, electronic control wands and wearables in the nature of smart watches, smart eyeglasses, activity trackers, video display monitors, computer peripherals in the nature of wireless mice that are adapted to engage with multi-view displays; electric warning light systems; emergency warning lighting; emergency evacuation lighting; navigational safety-warning lights, namely, lights that are specifically adapted to engage with electronic multi-view displays
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 011 for environmental control instruments; lighting installations; lighting systems for use in the field of architectural lighting, cautionary lighting, decorative lighting, lighting effects, emergency lighting, entertainment lighting, evacuation lighting, guidance lighting, illumination, navigational lighting, runway lighting, show lighting, theatrical lighting, thematic lighting, transportation lighting; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes
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: environmental control instruments; Airport runway and transportation directional lights; carrying cases specifically adapted for electric lights; lighting systems for use in the field of architectural lighting, cautionary lighting, decorative lighting, lighting effects, emergency lighting, entertainment lighting, evacuation lighting, guidance lighting, illumination, navigational lighting, runway lighting, show lighting, theatrical lighting, thematic lighting, transportation lighting; lighting installations; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes; lighting installations for use in the field of architectural lighting; decorative lighting in the nature of light bulbs, electric lanterns, lamps, LED lighting fixtures, floodlights, spotlights, chandeliers, wall lights, lanterns, LED light strips, figurines; entertainment lighting, namely, stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; light stands for theatrical stage lighting, live music and musical stage lighting, live show stage lighting, film stage lighting; lighting apparatus for sports arenas and theme parks; exit lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; guidance lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; navigational lighting, namely, lamps, LEDs, electric luminaires, LED luminaires, luminaire reflectors, luminaire diffusers, luminaire refractors, luminaire diffractors; theatrical lighting, namely, theatrical stage lighting apparatus; thematic lighting, namely stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes, namely, lighting installations, heating installation, liquid fuel heating appliance, gas fuel heating appliance, steam generating installations, electric cooker, induction cooker, microwave ovens, refrigerator, freezing device, namely, freezers, dryer for industrial use, namely, dryer for drying paint, dryer for drying coatings, convection dryers, air dryer for drying clothes, air dryer for drying hands, air dryer for drying hair, ventilation regulator, valve for water supplyClass 011 for Airport runway and transportation directional lights; carrying cases specifically adapted for electric lights; lighting installations; lighting installations for use in the field of architectural lighting; decorative lighting in the nature of light bulbs, electric lanterns, lamps, LED lighting fixtures, floodlights, spotlights, chandeliers, wall lights, lanterns, LED light strips, figurines; entertainment lighting, namely, stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; light stands for theatrical stage lighting, live music and musical stage lighting, live show stage lighting, film stage lighting; lighting apparatus for sports arenas and theme parks; exit lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; guidance lighting, namely, lights for illuminating stairs, floors, doors, and other portions of building structures; navigational lighting, namely, lamps, LEDs, electric luminaires, LED luminaires, luminaire reflectors, luminaire diffusers, luminaire refractors, luminaire diffractors; theatrical lighting, namely, theatrical stage lighting apparatus; thematic lighting, namely stage spotlights, live music and musical stage spotlights, live show stage spotlights, and film stage spotlights; apparatuses for lighting, heating, steam generation, cooking, refrigerating, drying, ventilating, water supply, and sanitary purposes, namely, lighting installations, heating installation, liquid fuel heating appliance, gas fuel heating appliance, steam generating installations, electric cooker, induction cooker, microwave ovens, refrigerator, freezing device, namely, freezers, dryer for industrial use, namely, dryer for drying paint, dryer for drying coatings, convection dryers, air dryer for drying clothes, air dryer for drying hands, air dryer for drying hair, ventilation regulator, valve for water supply
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for advertising services; marketing services; business management; providing office functions; business administration services; retail store services featuring a wide variety of goods of others; analysis of market research data and statistics; marketing research, studies, analysis and assessment; providing advertising, marketing and promotional services, namely, experiential or immersive advertising, promotional, and marketing campaigns
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: advertising services; marketing services; business management; business management consultation; providing office functions; business administration services; retail store services featuring a wide variety of goods of others; retail store services featuring a wide variety of consumer goods of others; analysis of market research data and statistics; marketing research, studies, analysis and assessment; providing advertising, marketing and promotional services, namely, experiential or immersive advertising, promotional, and marketing campaigns; providing advertising, marketing and promotional services, namely, experiential or immersive advertising, promotional, and marketing campaigns for others; data acquisition and collection for use in the field of advertising and marketing; technical consultation in the field of marketing campaigns and experiential marketing experiences; technical business consultation related to retail and dining experiencesClass 035 for advertising services; marketing services; business management consultation; providing office functions; business administration services; retail store services featuring a wide variety of consumer goods of others; analysis of market research data and statistics; marketing research, studies, analysis and assessment; providing advertising, marketing and promotional services, namely, experiential or immersive advertising, promotional, and marketing campaigns for others; data acquisition and collection for use in the field of advertising and marketing; technical consultation in the field of marketing campaigns and experiential marketing experiences; technical business consultation related to retail and dining experiences
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 037 for building construction services; repair and installation services; technical consultation in the field of installation and maintenance of lighting apparatus, lighting instruments, and lighting systems; technical consultation in the field of content distribution and delivery; technical consultation in the field of content distribution and delivery for advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; technical consultation in the field of experiential design; technical consultation for designs of theme park and other entertainment experiences, marketing campaign experiences, wayfinding systems, educational experiences, retail and dining experiences, architectural lighting programs, city planning, and transportation planning
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: building construction services; repair and installation services; repair and installation of multi-view electronic displays and electronic apparatuses and systems related thereto; technical consultation in the field of installation and maintenance of lighting apparatus, lighting instruments, and lighting systems; technical consultation in the field of content distribution and delivery; technical consultation in the field of content distribution and delivery for advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; technical consultation in the field of experiential design; technical consultation for designs of theme park and other entertainment experiences, marketing campaign experiences, wayfinding systems, educational experiences, retail and dining experiences, architectural lighting programs, city planning, and transportation planningClass 037 for building construction services; repair and installation of multi-view electronic displays and electronic apparatuses and systems related thereto; technical consultation in the field of installation and maintenance of lighting apparatus, lighting instruments, and lighting systems
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 038 for communication services, namely, transmission of communications via sensory means
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: communication services, namely, transmission of communications via sensory means; communication services, namely, electronic data transmission; technical consultation in the field of content distribution and delivery, namely, electronic data transmission; technical consultation in the field of electronic transmission of content distribution and delivery, namely, electronic dissemination and delivery of audio, video or media content to users via television, handheld device, mobile device, connected device, computer, or computer networkClass 038 for communication services, namely, electronic data transmission; technical consultation in the field of content distribution and delivery, namely, electronic data transmission; technical consultation in the field of electronic transmission of content distribution and delivery, namely, electronic dissemination and delivery of audio, video or media content to users via television, handheld device, mobile device, connected device, computer, or computer network
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 041 for education and entertainment services, namely, in the field of entertainment, education, sports, culture, and personal enrichment; training services in the field of entertainment, education, sports, culture, and personal enrichment
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: education and entertainment services, namely, in the field of entertainment, education, sports, culture, and personal enrichment; education services, namely, conducting classes, seminars, conferences, and workshops in a live and virtual environment in the field of sports, culture, and personal enrichment; training services in the field of entertainment, education, sports, culture, and personal enrichment; entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content, and live visual and audio performances, namely, in the field of sports, culture, and personal enrichment; training services in the field of sports and personal enrichment; cross-cultural training; gambling services; translations, namely, language translations; technical consultation in the field of translation servicesClass 041 for education services, namely, conducting classes, seminars, conferences, and workshops in a live and virtual environment in the field of sports, culture, and personal enrichment; entertainment services in the nature of development, creation, production, distribution, and post-production of motion pictures, television shows, multimedia entertainment content, and live visual and audio performances, namely, in the field of sports, culture, and personal enrichment; training services in the field of sports and personal enrichment; cross-cultural training; gambling services; translations, namely, language translations; technical consultation in the field of translation services
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.

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 042 for Scientific and technological services, namely, research and design in the field of computer systems; industrial analysis and research services; design and development of computer hardware and software; data acquisition and collection for use in the field comprising content distribution systems, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; computer services in the field comprising content distribution, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding
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: Scientific and technological services, namely, research and design in the field of computer systems; industrial analysis and research services; industrial analysis and research services in the field of fiber optics; design and development of computer hardware and software; data acquisition and collection for use in the field comprising content distribution systems, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; data acquisition and collection, namely, data automation and collection service using proprietary software to evaluate, analyze and collect service data; computer services in the field comprising content distribution, advertising, captioning, decoration, directions, education, effects, entertainment, gambling, gaming, guiding, illumination, information, marketing, marques, prompting, safety, security, signaling, scoreboards, traffic control, transportation, translations, and wayfinding; technical consultation related to illumination, namely, lighting design, and technology specification services pertaining to permanent or temporary architectural, theatrical, entertainment, commercial and/or residential applications; technical consultation in the field of security, namely, computer, internet, data and digital signal processing security; technical consultation in the field of electronic scoreboard design; technical consultation for transportation and traffic planning services; technical consultation in the field of wayfinding systems for others; technical consultation for designs of theme park; technical consultation in the field of city planning and transportation planning; technical consultation in the field of architectural lighting designClass 042 for Scientific and technological services, namely, research and design in the field of computer systems; industrial analysis and research services in the field of fiber optics; design and development of computer hardware and software; data acquisition and collection, namely, data automation and collection service using proprietary software to evaluate, analyze and collect service data; technical consultation related to illumination, namely, lighting design, and technology specification services pertaining to permanent or temporary architectural, theatrical, entertainment, commercial and/or residential applications; technical consultation in the field of security, namely, computer, internet, data and digital signal processing security; technical consultation in the field of electronic scoreboard design; technical consultation for transportation and traffic planning services; technical consultation in the field of wayfinding systems for others; technical consultation for designs of theme park; technical consultation in the field of city planning and transportation planning; technical consultation in the field of architectural lighting design
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: /Syed Abedi/     Date: 09/18/2018
Signatory's Name: Syed Abedi
Signatory's Position: Attorney for Applicant, Washington State Bar Member

Signatory's Phone Number: (206) 622-4900

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: 87712233
Internet Transmission Date: Tue Sep 18 16:47:52 EDT 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201809181647521
07212-87712233-610ae2e33c179485ae3bf561b
c621ad250a4462c9cef19cee4fab0a7b85f6c4-N
/A-N/A-20180918162659367406