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. 88068564 FLARE(Standard Characters, see http://uspto.report/TM/88068564/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 within the Evidence section

EVIDENCE
Evidence in the nature of Argument and Exhibit 1 has been attached.
Original PDF file:
evi_6412422226-20190528125030206163_._4709-106ARG.pdf
Converted PDF file(s) ( 6 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Original PDF file:
evi_6412422226-20190528125030206163_._4709-106EXHIBITS.pdf
Converted PDF file(s) ( 144 pages)
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CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant hereby deletes the following class of goods/services from the application.
Class 014 for Smart jewelry in the nature of bracelets, rings, watches, necklaces, earrings, and brooches featuring electronic components

Applicant proposes to amend the following class of goods/services in the application:
Current: Class 009 for Personal security devices in the nature of personal security alarms that connect to a wireless communications network; downloadable mobile applications for communicating with a personal security device; wearable electronic devices that are comprised of wearable computers and software for alerts and alarms, tracking, sending messages and location data, and audio and visual recording; wireless emergency communication devices for wireless transmission; computer application software for mobile devices, mobile phones, internet-connected devices, and personal computers used for alerts and alarms, tracking, sending messages and location data, and audio and visual recording; wearable technology in the nature of wearable activity trackers
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 security devices in the nature of personal security alarms that connect to a wireless communications network; downloadable mobile applications for communicating with a personal security device; wearable electronic devices that are comprised of wearable computers and software for alerts and alarms, tracking, sending messages and location data, and audio and visual recording; wearable electronic devices that are comprised of wearable computers and software for sending and receiving alerts and alarms, tracking the location of the person wearing the device, sending messages and location data, and audio and visual recording; wireless emergency communication devices for wireless transmission; wireless emergency communication devices for wireless voice, data, and image transmission; computer application software for mobile devices, mobile phones, internet-connected devices, and personal computers used for alerts and alarms, tracking, sending messages and location data, and audio and visual recording; computer application software for mobile devices, mobile phones, internet-connected devices, and personal computers used for sending and receiving alerts and alarms, tracking the location of the person wearing the device, sending messages and location data, and audio and visual recording; wearable technology in the nature of wearable activity trackers; smart jewelry featuring electronic components enabling users to connect wirelessly to computers and smartphones, namely, smart bracelets, smart rings, smart watches, smart necklaces, smart earrings, and smart broochesClass 009 for Personal security devices in the nature of personal security alarms that connect to a wireless communications network; downloadable mobile applications for communicating with a personal security device; wearable electronic devices that are comprised of wearable computers and software for sending and receiving alerts and alarms, tracking the location of the person wearing the device, sending messages and location data, and audio and visual recording; wireless emergency communication devices for wireless voice, data, and image transmission; computer application software for mobile devices, mobile phones, internet-connected devices, and personal computers used for sending and receiving alerts and alarms, tracking the location of the person wearing the device, sending messages and location data, and audio and visual recording; wearable technology in the nature of wearable activity trackers; smart jewelry featuring electronic components enabling users to connect wirelessly to computers and smartphones, namely, smart bracelets, smart rings, smart watches, smart necklaces, smart earrings, and smart brooches
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: /Leo M. Loughlin/     Date: 05/28/2019
Signatory's Name: Leo M. Loughlin
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 202-783-6040

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: 88068564
Internet Transmission Date: Tue May 28 15:48:22 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XX.XXX-2019052815482204
8550-88068564-620de23c239028367a2616c558
c178e76242f70c5a0969447e2e2b107f28ef3e-N
/A-N/A-20190528134035007602