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. 87807764 XPAND(Standard Characters, see http://uspto.report/TM/87807764/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 Computer hardware, communications hardware, namely, PDAs, cell phones, walkie talkies and pagers, and computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication whether or not such software is integrated with a specific product; and instructional manuals packaged together therewith as a unit; Ultra-Rugged LTE/Android/Wi Fi Hybrid Device; Ultra-Rugged LTE/Wi Fi Feature Phone; LTE/Android/Wi Fi Smartphone with glove-touch touch screen; Wireless local area networking mobile phones; Ultra-Rugged devices
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, communications hardware, namely, PDAs, cell phones, walkie talkies and pagers, and computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication whether or not such software is integrated with a specific product; Computer software for providing Voice over Internet Protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication; computer hardware; Ultra-Rugged LTE/Android/Wi Fi Hybrid Device; communications hardware, namely, personal digital assistants (PDAs), cell phones, walkie talkies and pagers, and computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication whether or not such software is integrated with a specific product; Ultra-Rugged LTE/Wi Fi Feature Phone; and instructional manuals packaged together therewith as a unit; LTE/Android/Wi Fi Smartphone with glove-touch touch screen; ultra rugged hybrid device, namely, mobile phones; Wireless local area networking mobile phones; ultra-rugged hybrid device, namely cell phones; Ultra-Rugged devices; smartphones with touch screens; Wireless local area networking mobile phones.Class 009 for Computer software for providing Voice over Internet Protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication; computer hardware; communications hardware, namely, personal digital assistants (PDAs), cell phones, walkie talkies and pagers, and computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication whether or not such software is integrated with a specific product; and instructional manuals packaged together therewith as a unit; ultra rugged hybrid device, namely, mobile phones; ultra-rugged hybrid device, namely cell phones; smartphones with touch screens; Wireless local area networking mobile phones.
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 Wireless telecommunications services; Computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication; and providing information services based on information from GPS receivers and sensors such accelerometers, magnetometers, temperature and humidity sensors, and barometric pressure sensors
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: Wireless telecommunications services; Wireless telecommunications services.; Computer software for providing voice over Internet protocol for fixed and wireless telecommunications, voice mail, voice messaging, e-mail forwarding services, text and numeric wireless digital messaging services, transmission of graphics, video messaging, and for optimization of telecommunications performance under variable and unpredictable bandwidth conditions through wireless telecommunication; and providing information services based on information from GPS receivers and sensors such accelerometers, magnetometers, temperature and humidity sensors, and barometric pressure sensorsClass 038 for Wireless telecommunications 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.

SIGNATURE(S)
Response Signature
Signature: /Usha Menon/     Date: 12/18/2018
Signatory's Name: Usha Menon
Signatory's Position: Attorney of Record, Texas Bar Member

Signatory's Phone Number: 832-532-7386

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: 87807764
Internet Transmission Date: Tue Dec 18 14:24:30 EST 2018
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XX-2018121814243051
1471-87807764-620215ae3ef5853b7feed2d378
e99ba09ee8d838b6abcefb3712963a9ec25a879-
N/A-N/A-20181218140316340478