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 07/31/2017)

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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 07/31/2017)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 87451024 AVITA (Stylized and/or with Design, see http://tmng-al.gov.uspto.report/resting2/api/img/87451024/large) 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 Personal computers; notebook computers; laptop computers; tablet computers; detachable and convertible laptop computers; computer monitors; all-in-one personal computers; computer network-attached storage hardware; smartphones; smartwatches; headphones; earphones; wireless earphones; wireless headphones; in-ear headphones; media players; portable media players; DVD players; CD players; optical and magneto-optical disc players; digital audio players; wireless speakers; computer speakers; speakers; sound bars; hard-disks; computer mice; keyboards; hard disk drives; solid state drives; routers
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: Personal computers; notebook computers; laptop computers; tablet computers; detachable and convertible laptop computers; computer monitors; all-in-one personal computers; computer network-attached storage hardware; smartphones; smartwatches; headphones; earphones; wireless earphones; wireless headphones; in-ear headphones; media players; portable media players; DVD players; CD players; optical and magneto-optical disc players; digital audio players; wireless speakers; wireless audio speakers; computer speakers; computer audio speakers; speakers; audio speakers; sound bars; hard-disks; blank hard computer disks; computer mice; keyboards; hard disk drives; solid state drives; routers; routers namely, wireless routers, network routers and wide area network (WAN) routersClass 009 for Personal computers; notebook computers; laptop computers; tablet computers; detachable and convertible laptop computers; computer monitors; all-in-one personal computers; computer network-attached storage hardware; smartphones; smartwatches; headphones; earphones; wireless earphones; wireless headphones; in-ear headphones; media players; portable media players; DVD players; CD players; optical and magneto-optical disc players; digital audio players; wireless audio speakers; computer audio speakers; audio speakers; sound bars; blank hard computer disks; computer mice; keyboards; hard disk drives; solid state drives; routers namely, wireless routers, network routers and wide area network (WAN) routers
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: /Molly Eichten/     Date: 09/21/2017
Signatory's Name: Molly T. Eichten
Signatory's Position: Attorney, MN bar member

Signatory's Phone Number: 952-896-1545

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: 87451024
Internet Transmission Date: Thu Sep 21 13:55:18 EDT 2017
TEAS Stamp: USPTO/ROA-XXX.XX.XXX.XXX-201709211355188
26606-87451024-510c91b3091a2496fdf239aa2
e8cdbc23c3aac87d12f9eb276801e7de39263cda
9-N/A-N/A-20170921130700167118